Omaha Car Accident Attorney
Car Accident Statistics 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.
Car Accident Cases We Handle
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
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.
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.
Meet Our Team
Omaha's Trusted Team
With decades of experience serving Omaha, Carlson & Blakeman Law is here for you and your family when you need it most.
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 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.
Have you suffered injuries due to a car accident in Omaha? Call us today at (402) 858-0996 or contact us online to speak to a member of our team about your car accident claim.