Omaha Car Accident Attorney

Is Nebraska a No-Fault Insurance State?

Nebraska does not use a no-fault system for car insurance. Instead, it follows the traditional fault-based, or “tort,” approach when handling car accident claims. After a crash, you typically seek compensation from the at-fault party’s insurer—not your own—unless your policy has certain types of optional coverage.

Depending on your insurance plan, you might be able to turn to your own provider for some costs. However, the other driver’s insurer is usually responsible for paying for your medical bills, car repairs, lost wages, and pain and suffering.

To recover damages, you must prove that another driver or party was partially or fully at fault for your accident. Nebraska’s comparative negligence rule still allows injured drivers to pursue compensation if they share some responsibility, as long as their share of fault is less than 50 percent.

If the court finds that you share blame, your total recovery will decrease by your degree of fault. For example, if you are 30 percent at fault, you can receive only 70 percent of your total damages. Cases like these require strategy and careful evidence to ensure your interests are protected.

Crashes on busy routes in Omaha, especially near Benson or the University of Nebraska Medical Center, can quickly become complicated when insurance companies investigate who was responsible. Police and emergency responders usually arrive promptly, but collecting photos, names, and witness accounts remains vital for a successful claim.

How to Establish Fault in Your Car Accident Case

Establishing who is at fault is a key step in Nebraska car accident cases. You must show that another driver caused the crash. This usually means proving they were negligent or broke the law in some way.

The following are some negligent or wrongful behaviors that often lead to accidents:

• Driving while distracted, such as texting or using a phone
• Driving under the influence of drugs or alcohol
• Ignoring traffic laws or rules of the road
• Disregarding traffic lights, signs, or signals
• Failing to yield to other vehicles, pedestrians, or cyclists
• Driving when tired or drowsy
• Making illegal or unsafe turns
• Unsafe passing or merging
• Driving recklessly or showing aggression
• Following too closely (tailgating)

These unsafe driving behaviors can cause serious accidents. If you suffered injuries as a result, you may file a car accident claim against the person at fault. A car accident lawyer in Omaha can guide you through the legal steps to protect your rights.

Sometimes another party may be partially or totally responsible, such as when a city fails to maintain safe roads or a vehicle manufacturer sells a defective part. In those cases, others besides the other driver might be held liable for your injuries.

At Carlson & Blakeman, LLP, we look at every possible source of liability when reviewing your case. Our attorneys closely review the facts to find out who is responsible for the damages. We use detailed investigations and advanced tools to build a strong case for your recovery.

Accidents near construction zones—such as along Maple Street or the Westroads Mall—can involve multiple parties. Changes to traffic patterns, construction vehicles, and unclear signage may all affect who is at fault. Our legal team looks at every detail, from accident reports to interviews, so that no responsible party is overlooked in your car accident claim.

Common Car Accident Injuries

A car accident can leave you with injuries that vary from minor to life-changing. Injuries can affect your ability to work, care for your family, or even carry out routine activities.

Some of the most common injuries after a car accident include:

• Brain injuries
• Back and spinal cord injuries
• Internal bleeding
• Cuts, scrapes, or abrasions
• Broken bones or fractures
• Burns
• Bruises
• Disfigurement

Many injuries have lasting effects on your daily life, your ability to work, or your need for ongoing medical care. Recovering from a serious collision may mean hospital stays, physical therapy, and changes to your routine. That’s why working with an auto accident lawyer in Omaha is crucial—so you pursue all possible damages for your recovery.

After an auto accident, many people in Omaha receive care at facilities such as CHI Health Creighton University Medical Center or Nebraska Medicine. Getting the right medical documentation helps strengthen your case and supports your recovery. Our team works to show the full impact of your injuries, including the need for future treatment, as part of your claim for damages.

Steps to take after a crash in Omaha

• Safety and documentation. Call 911, accept medical evaluation, and obtain the event number. Photograph vehicles, road conditions, construction zones, and weather where safe to do so. Gather witness names and phone numbers.
• Medical follow-up. See your primary care provider or urgent care within 24 to 48 hours, even if symptoms seem minor. Keep all appointments and discharge instructions.
• Preserve evidence. Save dashcam footage, vehicle data, repair estimates, and correspondence. Do not post about the crash on social media.
• Report and notify. Promptly notify your insurer. Nebraska policies often require notice within a reasonable time period.
• Legal help. Contact an Omaha car accident lawyer before giving statements or accepting any offer. Early representation helps protect evidence, assess comparative negligence, and measure damages accurately.

Why You Should Hire a Car Accident Lawyer

Serious car accidents create many challenges. You may need medical treatment, vehicle repairs, and time away from work, which can affect your finances. Your main focus should be your health—not the stress of dealing with insurers or legal paperwork.

Many people believe the insurance company is on their side. In reality, these businesses work to protect their bottom line, which often means reducing payments on claims.

Insurance adjusters sometimes contact you soon after the crash and offer a fast settlement. However, these offers often fail to cover all the damages, especially future expenses.

Avoid contact with the other driver’s adjuster and do not agree to a settlement before consulting an attorney. At Carlson & Blakeman, LLP, our Omaha car accident lawyers take over communications with insurers and help you pursue a fair resolution for your claims. We handle the details so you can focus on your recovery. Our team will also explain the lasting effects of your injuries so that the long-term costs are considered and included in your claim.

Local understanding matters. We know the insurance companies in Omaha, how they handle Nebraska claims, and what tactics they might use. Whether an accident happens on I-80 or near busy intersections, our familiarity with area-specific insurance practices works to your advantage as you recover.

Frequently Asked Questions

What steps should I take immediately following a car accident?

Check for injuries and move to a safe location if possible. Call law enforcement, document the scene with photos, collect witness information, and seek medical attention—even if you feel fine. Report the accident to your insurer and consider reaching out to a car accident attorney in Omaha for guidance.

How is fault determined in a car accident?

Insurance adjusters and attorneys review police reports, witness accounts, and physical evidence to determine fault. In Nebraska, comparative negligence applies, so fault can be shared. Accurate evidence strengthens your claim and can affect your compensation outcome.

How long does a Nebraska car accident case take to resolve?

Timelines vary with medical treatment, liability disputes, and policy limits. Many claims resolve in several months once you reach maximum medical improvement. Cases that require litigation can take longer. We balance timely results with the need to fully document your injuries before negotiating.

What if I am partly at fault for the crash?

Nebraska uses comparative negligence. You can pursue compensation if your share of fault is less than 50 percent. Any award is reduced by your percentage of fault. Our team works to challenge unfair fault assignments and strengthen liability evidence.

Should I use my health insurance after a crash?

Yes. Health insurance can help you access treatment without delay. If there is a settlement, your insurer may request reimbursement for related bills. We address valid liens during resolution so you are not billed twice.

Do I have to repair my car where the insurer recommends?

No. You can select your repair shop. Keep all estimates and receipts. If the vehicle is a total loss, you may be entitled to the fair market value plus taxes and title fees.

Can I recover for lost paid time off or reduced hours?

Lost income includes wages, salary, overtime, bonuses, and PTO you were forced to use during recovery. If injuries affect your ability to work long term, we document diminished earning capacity with medical and vocational evidence.

The Claims & Legal Process After a Car Accident in Omaha

Knowing how the car accident claims process unfolds can help you move forward confidently. The process begins at the accident scene, with prompt medical care and thorough documentation. As you report the incident to your insurer, a claims adjuster begins an investigation that may include reviewing vehicle damage and medical records.

Next, you may visit area hospitals or clinics for further medical exams that document your injuries. Negotiations with insurance carriers follow, with most claims reaching resolution outside of court. However, under Nebraska law, some cases do move into formal legal proceedings—especially those with disputed fault or serious injuries. State deadlines and rules also apply. Following each step helps keep your claim on track and ensures compliance with local requirements. Local lawyers who understand Omaha’s legal process can make the journey smoother for you and your family.

Call (402) 858-0996 for a free case evaluation or send us a message to schedule a same-day consultation. Hablamos español.