Omaha Car Accident Attorney

Is Nebraska a No-Fault Insurance State?

Nebraska is not a no-fault insurance state. Instead, it follows a traditional fault-based, or “tort,” system when it comes to car insurance and accident claims. This means that, rather than filing a claim with your own insurance company after a crash, you will typically file a claim against the at-fault party’s insurance provider.

While you may have coverage through your own provider, depending on the specific auto insurance policy you have, the other person’s insurance company is generally the one responsible for paying your damages. This includes your medical expenses, vehicle repair costs, lost wages, and pain and suffering.

Therefore, to pursue a car accident claim, you will need to prove that another driver (or some other party) was at least partially at fault for the accident. Under Nebraska’s rule of comparative negligence, you can still seek compensation for your damages if you share some of the fault for the crash. However, your degree of fault cannot be equal to or exceed the defendant’s, meaning it cannot be more than 49%.

Additionally, even if you are less than 50% at fault, you will not be able to recover the total amount for your damages if you are found to share some of the blame. Instead, your total recovery will be reduced by your at-fault percentage. So, if the court finds that you were 30% at fault for the accident, you can only recover up to 70% of the total amount you would have otherwise been entitled to receive. This shows the importance of a detailed legal strategy to minimize identified fault and maximize potential recovery.

How to Establish Fault in Your Car Accident Case

Because Nebraska follows a fault-based car accident system, establishing liability is critical to the success of your situation. To prove that someone else is liable for your damages, you will typically need to prove that they somehow caused the accident that left you injured. Often, this involves proving that they were negligent or acted wrongfully in some way.

Some examples of negligent and wrongful conduct that often lead to motor vehicle accidents include:

• Driving while distracted, including texting and driving
• Driving under the influence of alcohol or drugs
• Violating traffic laws or rules of the road
• Failing to obey signs, signals, and other traffic control devices
• Failing to yield the right of way to other vehicles, pedestrians, or bicyclists
• Driving while fatigued or falling asleep at the wheel
• Making unsafe or unlawful turns
• Passing or merging unsafely or unlawfully
• Driving aggressively or recklessly or engaging in road rage
• Following too closely, or “tailgating”

These and other unsafe driving behaviors can and do cause serious accidents. When this occurs, and you are injured as a result, you can file a car accident claim against the at-fault driver. An experienced Omaha car accident lawyer can help guide you through the legal process, ensuring your rights are protected.

In some cases, a separate third party may be partly or wholly to blame for a crash. For example, if the city failed to conduct adequate road maintenance, or if an auto manufacturer produced a vehicle with a defective steering system, they could be held responsible for resulting accidents, injuries, and deaths.

At Carlson & Blakeman, LLP, we leave no stone unturned when it comes to pursuing all possible avenues of compensation on behalf of our clients. Our attorneys conduct extensive investigations to determine exactly how your accident occurred and who is liable for your damages. We employ a network of accident reconstruction experts and utilize state-of-the-art technology to piece together the events leading up to the crash, providing a compelling narrative in support of your claim.

Common Car Accident Injuries

Being in a car accident can lead to you suffering from a range of injuries. They can be serious or minor, but all can impact how you are able to live your life following the accident. 

Here are some of the most common injuries you can suffer after being in a car accident:

• Brain Injuries
• Back/Spinal cord injuries
• Internal bleeding
• Cuts, scrapes, or other abrasions
• Broken or fractured bones
• Burns
• Bruises
• Disfigurement

These injuries can have significant, long-term effects, influencing everything from daily living activities to employment opportunities, and potentially necessitating major lifestyle changes. Recovering from serious injuries often requires prolonged medical treatment, physical therapy, and sometimes clear adaptations to living spaces and routine. Such comprehensive implications make it essential to have dedicated legal representation to ensure that all possible recovery for damages is pursued with the help of an auto accident lawyer in Omaha.

Why You Should Hire a Car Accident Lawyer

After a serious car accident, you may be dealing with significant challenges. From obtaining critical medical care to having your vehicle repaired to managing your everyday expenses while taking time off work to heal, your focus should be on navigating these challenges and caring for your wellbeing—not on fighting with the insurance company to get paid.

Many people do not realize that the insurance company is not on their side. But, after all, these companies are businesses, and like any other business, their primary concern is profits. To reduce costs, insurance companies will often go to great lengths to dispute or deny auto accident claims.

The insurance adjuster may even contact you soon after the accident and offer a settlement. While it can seem like a good idea to accept this settlement, the reality is that it will likely not even come close to covering the true cost of your injuries and damages, including your future losses.

We strongly encourage you to avoid talking to any adjusters from the other person’s insurance company and do not accept a settlement without first speaking to an attorney. At Carlson & Blakeman, LLP, our Omaha car accident lawyers can handle all communication with the insurance company and work to ensure you are fairly compensated for your damages. We are ready to handle every legal detail so that you can focus on what matters most: healing and moving forward. Additionally, our attorneys can help you understand the long-term impact of the accident on your life and future, ensuring all potential costs are accounted for in your pursuit of recovery.

FAQs About Omaha Car Accident Claims

What steps should I take immediately following a car accident?

Immediately after a car accident, ensure safety first by checking for injuries and moving to a safe area if possible. Call law enforcement to report the accident and gather comprehensive details including witness contact information and photos of the scene. Seek medical attention regardless of perceived injury severity, as symptoms may manifest later. Contact your insurance provider and consider consultation with an Omaha car accident attorney from Carlson & Blakeman, LLP for trusted legal guidance.

How is fault determined in a car accident?

Determining fault in a car accident involves evaluating evidence such as police reports, witness statements, and physical evidence from the accident scene. Insurance adjusters and legal professionals analyze these details to assign fault percentages, which are critical in states like Nebraska that follow comparative negligence rules. An attorney can provide invaluable assistance in building a robust claim that accurately reflects liability.