Omaha Car Accident Attorney
Car Accidents in Nebraska
Every year, thousands of people are injured or killed on highways and roads throughout the United States. In Nebraska alone, 248 people died and another 17,198 were injured in motor vehicle accidents in 2019, according to data from the state’s Department of Transportation (DOT). Tragically, most of these accidents could have—and should have—been prevented.
If you or someone you love was involved in an accident caused by someone else’s careless, reckless, or negligent conduct, you have the right to take legal action. At Carlson & Blakeman, LLP, we help individuals and families seek justice and fight to hold negligent motorists accountable for the harm and devastation they cause. Our Omaha car accident attorneys are aggressive when it comes to pursuing maximum compensation for our clients and are ready to fight tirelessly for you and your recovery.
Injured in a car accident in Omaha, Douglas County, or the nearby areas? Call Carlson & Blakeman, LLP at (402) 858-0996 today to request a free consultation with our legal team.
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, including your medical expenses, vehicle repair costs, lost wages, and pain and suffering.
Therefore, to have 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.
Proving Fault in Your Car Accident Case
Because Nebraska follows a fault-based car accident system, establishing liability is critical to the success of your case. 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 leads 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.
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.
How Long Do You Have to File a Car Accident Claim in Nebraska?
Just like with other personal injury lawsuits, Nebraska has a statute of limitations on car accident cases. In most cases, you only have four years from the date of the accident (or injury) to bring your car accident lawsuit against a liable person or party. While this may seem like a long time, it can go by incredibly quickly. What’s more, it takes time to conduct investigations and evidence can be lost as time goes on. The sooner you reach out to an attorney, the better.
Additionally, the four-year statute of limitations only applies to car accident lawsuits. You likely have a much shorter amount of time to file a claim with the applicable insurance company. In fact, most auto insurance policies require claimants to file “within a reasonable period of time,” which could be a matter of weeks or even days.
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 make sure 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.
Contact Us Today for a Free Case Evaluation
Our firm is prepared to help you navigate the process of filing your car accident claim or lawsuit. We have successfully represented victims of all types of accidents, including those involving other passenger vehicles, commercial trucks, Ubers and Lyfts, pedestrians, bicyclists, and more. We also have extensive experience advocating for families and the surviving loved ones of those involved in fatal collisions. Our team provides compassionate, client-focused representation and aggressive advocacy. We are one of the only law firms in the area to provide Spanish-speaking services, and we do not collect any attorney fees unless we win your case.