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§ 25-21,239.Leased trucks, truck-tractors, and trailers; liability of owner for damages.

Article 21: Special Proceedings and Actions · Last amended 1997 · Last verified July 22, 2026

In one sentenceThis section holds the owner of a leased truck, truck-tractor, or trailer jointly and severally liable, along with the lessee and driver, for injuries, deaths, or property damage the vehicle causes on Nebraska roads, unless a liability insurance policy of at least one million dollars per occurrence covers the vehicle when the claim arises.

Full Text of § 25-21,239

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The owner of any truck, truck-tractor, whether with or without trailer, or trailer, leased for a period of less than thirty days or leased for any period of time and used for commercial purposes, shall be jointly and severally liable with the lessee and the operator thereof for any injury to or the death of any person or persons, or damage to or the destruction of any property resulting from the operation thereof in this state, except that the owner shall not be jointly and severally liable if there is in effect at the time the claim arises a valid liability insurance policy with coverage limits in the minimum amount of one million dollars per occurrence which is available to compensate any person with a claim arising out of the operation or use of the leased truck, truck-tractor, or trailer. This section shall not limit or reduce the owner's liability for his or her own acts or omissions which cause damage to any person or when the lessee is a related entity or by reason of any workers' compensation law.

Source

Laws 1957, c. 170, § 1, p. 591; R.R.S.1943, § 39-7,135; R.S.1943, (1988), § 39-6,193; Laws 1993, LB 370, § 7; Laws 1997, LB 527, § 1.

Plain-English Summary

Section 25-21,239 addresses risk on the road rather than possession of property. It reaches the owner of a truck, truck-tractor, or trailer that is leased for less than thirty days, or leased for any length of time and used for commercial purposes. That owner is jointly and severally liable, together with the lessee and the operator, for injury, death, or property damage the vehicle’s operation causes in Nebraska.

The owner escapes that joint liability only if a valid liability insurance policy is in effect at the time the claim arises, with coverage of at least one million dollars per occurrence, available to compensate a claimant arising from the vehicle’s operation or use. Absent that coverage, the statute treats the owner as standing alongside the lessee and driver for the claim.

The section preserves liability the owner would otherwise face on other grounds: it does not limit or reduce the owner’s responsibility for the owner’s own acts or omissions causing harm, nor does it change the outcome when the lessee is a related entity to the owner or when workers’ compensation law governs the claim.

Frequently Asked Questions

When is a truck owner liable for an accident caused by the person leasing the vehicle?

When the lease runs less than thirty days, or the vehicle is used commercially for any lease term, unless a qualifying insurance policy is in effect when the claim arises.

What insurance coverage exempts the owner from this liability?

A valid liability insurance policy with minimum coverage of one million dollars per occurrence, available to compensate a claimant arising from the vehicle’s operation or use.

Does this section limit the owner’s liability for the owner’s own negligence?

No. It does not limit or reduce the owner’s liability for the owner’s own acts or omissions causing damage.

Does the exemption change when the lessee is related to the owner?

No. The section does not limit the owner’s liability when the lessee is a related entity.

Does this section override workers’ compensation law?

No. It does not limit or reduce liability arising under any workers’ compensation law.

Source & verification. Section text and the amendment-history citation are reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the Nebraska Legislature. Last verified July 22, 2026. · Official source
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