About Car Accident Law in Nebraska, United States
Car accident law in Nebraska addresses the rights and responsibilities of those involved in motor vehicle collisions. These laws dictate how fault is assigned, how damages may be recovered, and the procedures for reporting and dealing with accidents. As a "fault" state, Nebraska generally holds the person responsible for causing the accident financially accountable for injuries and damages. Navigating these laws can be challenging, especially when dealing with injuries, property damage, insurance companies, and legal procedures.
Why You May Need a Lawyer
While some car accidents may seem straightforward, many situations benefit from professional legal assistance, such as:
- When someone is injured or killed as a result of the accident
- Disputes about who was at fault for the collision
- Dealing with uncooperative insurance companies or denied claims
- When damages exceed insurance coverage limits
- If the accident involved an uninsured or underinsured driver
- When complex legal or medical issues arise
- Whenever commercial vehicles or multiple parties are involved
- If you are accused of a traffic violation or DUI related to the accident
- To ensure you meet strict filing deadlines for claims and lawsuits
A qualified car accident attorney can help gather evidence, protect your legal rights, negotiate with insurers, and guide you through the legal process to maximize your possible compensation.
Local Laws Overview
Certain Nebraska laws and rules have a significant impact on car accident cases in the state:
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Comparative Negligence:
Nebraska follows a modified comparative negligence rule. You can recover damages only if you are less than 50 percent at fault for the accident. If you are found partially at fault, your compensation is reduced by your percentage of fault.
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Time Limit for Filing Lawsuits:
There is a statute of limitations for personal injury and property damage claims. Generally, you have 4 years from the date of the accident to file a lawsuit for injuries, and 4 years for property damage. For wrongful death claims, the limit is 2 years.
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Reporting Requirements:
You must report a car accident to law enforcement if it results in injury, death, or property damage in excess of one thousand five hundred dollars. Nebraska law also requires drivers to file a Driver’s Motor Vehicle Accident Report with the Department of Transportation within 10 days if these thresholds are met.
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Insurance Requirements:
Nebraska mandates minimum liability auto insurance coverage for all drivers: at least twenty five thousand dollars per person and fifty thousand dollars per accident for bodily injury, and twenty five thousand dollars for property damage.
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Uninsured/Underinsured Motorist Coverage:
Nebraska requires all auto insurance policies to include coverage for accidents involving uninsured or underinsured drivers.
Frequently Asked Questions
What should I do immediately after a car accident in Nebraska?
Check for injuries and call 911 if anyone needs medical help. Move to safety if possible. Exchange information with other drivers, gather witness contact details, take photos, and report the accident to law enforcement if required. Notify your insurance company as soon as possible.
Is Nebraska a no-fault state?
No, Nebraska is a fault-based state. The driver found at fault for the accident is responsible for the resulting damages and injuries.
What is Nebraska’s comparative negligence rule?
If you are less than 50 percent at fault, you may recover damages, but your compensation is reduced by your percentage of fault. If you are 50 percent or more at fault, you cannot recover damages from other parties.
How long do I have to file a car accident lawsuit in Nebraska?
The statute of limitations for personal injury or property damage claims is generally 4 years from the date of the accident. For wrongful death cases, the time limit is 2 years.
Do I need to report every car accident to the police?
Nebraska law requires you to report an accident if it causes injury, death, or property damage greater than one thousand five hundred dollars.
What if the other driver does not have insurance?
Nebraska requires insurers to provide uninsured and underinsured motorist coverage. This insurance can help cover your losses if the at-fault driver has little or no insurance.
What damages can I recover after a car accident?
You may be able to recover economic damages such as medical bills, lost wages, and property damage, as well as non-economic damages like pain and suffering, depending on the circumstances.
Can I recover damages if I was partially at fault?
Yes, as long as you are less than 50 percent at fault, though your compensation will be reduced by your percentage of fault.
How can a lawyer help with my car accident claim?
A lawyer can investigate the accident, gather evidence, negotiate with insurance companies, assess your damages, handle legal paperwork, and represent you in court if necessary.
What happens if I miss the filing deadline?
If you file a lawsuit after the statute of limitations has expired, your case will likely be dismissed, and you may lose your right to recover compensation.
Additional Resources
- Nebraska Department of Transportation: Provides information on accident reporting requirements and driving laws.
- Nebraska Department of Insurance: Offers resources about mandatory insurance coverage and consumer rights.
- Local law enforcement agencies: Assist with accident reports and traffic investigations.
- Legal Aid of Nebraska: Offers assistance for those who meet income and eligibility requirements.
- State Bar of Nebraska: Directory of licensed attorneys and lawyer referral services.
Next Steps
If you were involved in a car accident in Nebraska and need legal advice, consider the following steps:
- Document everything related to the accident, including photos, police reports, medical records, and communication with insurers
- Report the accident to law enforcement and your insurance company as required
- Consult with a qualified Nebraska car accident attorney, especially if you suffered injuries or face complex issues
- Be mindful of applicable deadlines for insurance claims and legal actions
- Prepare any questions or concerns to discuss with your lawyer to maximize their assistance
- Do not accept settlement offers without understanding your rights or the full extent of your damages
Caring for your health and well-being is top priority after a car accident. Seeking legal guidance can help protect your financial stability and ensure your rights are preserved throughout the entire process.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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