Nebraska Car Accident Guide: Get Fair Compensation for Injuries

Take steps to protect your rights and build a strong injury claim after a Nebraska car accident.

On average, more than four people are killed on Nebraska roadways every week.¹

Nebraska is a traditional fault state, meaning you can seek compensation from the at-fault driver and other liable parties. Other parties can include the vehicle owner, if not the driver, or the driver’s employer if they were using a company vehicle. When passengers are injured, the at-fault party may be the host driver.

What to Do After a Nebraska Car Accident

Drivers who violate Nebraska car accident laws risk fines, traffic citations, and possible jail time, depending on the violation. Here are five steps you can take after a crash to protect your interests.

1. Stay At the Scene and Exchange Information

Nebraska drivers are required to stop at the scene of an accident and determine if anyone was injured. The law says you must provide your name, address, and vehicle license number, as well as your driver’s license information to the person struck or any occupants in the vehicle.

What if I hit a parked car in Nebraska?

If you hit a parked and unattended vehicle in Nebraska, you must leave your name, address, telephone number, and operator’s license number in a note left in a visible place on the vehicle. You must also notify the police.

2. Call 911 and Help the Injured

In Nebraska, drivers are required to report any accident to the police that involves an injury, death, or property damage over $1,500 within ten days. You don’t have to file a report if the accident is investigated by a police officer.

Nebraska requires drivers to render reasonable assistance to anyone injured in the accident, including arranging transportation to a medical facility. When you call 911 to report the accident, tell the dispatcher if anyone appears to be injured or is asking for medical help.

Can I be held liable for giving aid to an injured person in Nebraska?

No. Nebraska has a “Good Samaritan” law that protects anyone from liability who voluntarily renders care in good faith during an emergency, such as a motor vehicle accident.

3. Seek Prompt Medical Treatment

The sudden impact of a car crash might leave you stunned, or trigger a surge of adrenaline that can mask symptoms of injury. Some injuries, like internal bleeding or concussions, might not be immediately apparent.

Never refuse or delay medical attention after an accident. Let emergency responders look you over at the scene. If they want to transport you to the hospital, go with them. If you aren’t taken directly to the hospital from the scene, go to your own medical provider or an urgent care center, preferably on the same day as the crash.

Delaying medical attention after a crash not only risks your health, it also gives the insurance adjuster an easy excuse to deny or minimize your claim. The adjuster will say your injuries aren’t from the accident, or they might argue that you failed to mitigate your damages.

Tell the medical provider about every injury and symptom, not just the most obvious ones. You’re entitled to compensation for all your injuries, but you’ll need to link them to the accident. This is why detailed medical records are critical evidence when filing an injury claim or lawsuit.

Can I make an insurance claim for a minor injury in Nebraska?

Yes. You are entitled to a full medical evaluation after an accident, including the cost of CT scans or other tests needed to rule out more serious injuries. You’ll need copies of your medical records to support your claim.

4. Gather Evidence From the Scene

Most accident victims start by making a claim against the driver’s auto insurance policy. If claim negotiations fail, they file a lawsuit directly against the driver.

No matter if you file an insurance claim or lawsuit, the burden is on you to prove the other driver caused the accident. You’ll need evidence to show that the other driver did something wrong or failed to do what a reasonable person would do to prevent the crash.

The police crash report is strong evidence of fault, especially if the other driver was ticketed for a traffic violation. Other types of evidence include:

How can I get a copy of a police report in Nebraska?

Police crash reports may be ordered by calling the Nebraska Department of Roads or the police department that handled the crash investigation.

How long do traffic violations stay on my record in Nebraska?

Points from traffic violations remain on your Nebraska driving record for five years.

5. Notify Both Insurance Companies

If you are handling your own insurance claim you’ll need to notify both your own insurance company and the at-fault driver’s company as soon as possible after the accident.

You don’t have to wait until you’re fully healed before notifying the at-fault driver’s insurer of your intent to file an injury claim.

The other driver’s insurance will usually send a follow-up letter with a claim number and the adjuster’s contact information. Don’t be surprised to get a call from the adjuster offering a quick settlement.

The adjuster might act like they’re doing you a favor, but their intent is to get rid of your claim for as little money as possible. Offering fast cash is an adjuster tactic to see if you’re desperate enough to take whatever they offer.

Once you settle, there’s no going back. It’s rarely a good idea to settle an accident claim while still treating your injuries. Politely tell the adjuster you’ll get back to them when you’re ready to discuss settlement.

Why Notify Your Own Insurance Company?

Your auto policy is a legally binding contract that includes a “notification and cooperation” clause. This means you’re obligated to notify your insurance company of an accident right away, no matter who’s at fault.

In return, your insurer has a duty to defend you against lawsuits filed in connection with the accident. You risk losing that protection if you fail to promptly notify your insurance company or don’t cooperate with their accident investigation.

If you decide to hire an attorney, you won’t have to deal directly with either insurance company. Your attorney will handle communications with both companies. Severe or complicated cases should always be handled by an experienced personal injury attorney.

How long do I have to make an insurance claim in Nebraska?

Nebraska has a four-year statute of limitations for personal injury claims. Adults must settle their insurance claim or file a personal injury lawsuit within four years of the accident date.

Nebraska Fault and Liability Rules

Nebraska is a traditional fault state, so you have the right to seek compensation from the at-fault driver, through their insurance company or by naming them in a lawsuit.

When you go after the at-fault parties for compensation, you must prove the other driver’s fault to the insurance company or a jury.

What makes a Nebraska driver at fault for a rear-end collision?

Fault for a rear-end collision usually falls on the driver who was following too closely to stop safely.

Nebraska traffic law requires drivers to allow a reasonable distance between vehicles, depending on the traffic speed and road conditions.

Which driver is at fault for a side-impact collision in Nebraska?

Side-impact collisions are most often caused by drivers who fail to yield the right of way when entering an intersection or when turning left.

What's the primary cause of head-on collisions in Nebraska?

Driving left-of-center is almost always the cause of head-on collisions. Nebraska requires drivers to stay on the right side of the roadway, except when passing on the left when the lane is clearly visible and free from approaching traffic.

Nebraska Shared Fault Rules

Nebraska allows you to seek compensation from the other party so long as you are less to blame than the other party. Your final compensation will be reduced by your percentage of fault.

Example of Comparative Fault in Nebraska

Carla was traveling on Camden Avenue in Omaha, on her way to an appointment on 82nd Street. Roger was also on Camden, driving his pickup behind Carla’s car.

Carla, distracted by a conversation on her cell phone, suddenly realized she was almost at the intersection with 82nd Street. She hit the brakes but didn’t activate her turn signal before Roger’s pickup slammed into the rear of her car.

Carla suffered significant injuries in the crash. She filed a claim with Roger’s insurance company, demanding $50,000 for her injuries. When settlement negotiations failed, Carla filed a lawsuit against Roger.

At trial, the jury reviewed evidence from both sides, including the traffic citation against Roger for following too closely, and Carla’s cell phone records. The jury found Roger to be 80 percent to blame for following too closely, with Carla 20 percent at fault for stopping suddenly and driving while distracted.

Because of Nebraska’s comparative fault rule, Carla was awarded $40,000, representing a 20 percent reduction to her claim value.

Nebraska Car Accident Compensation

The average settlement for a moderate car accident claim in Nebraska is $31,190, with average payouts ranging from $7,189 for minor injuries to $282,239 for severe injuries.

Million-dollar car accident payouts are uncommon. We didn’t include them in our calculations of averages to avoid artificially inflating the average payout for that segment of the group.

Injury settlements in Nebraska can vary widely, depending on the circumstances of the crash and the severity of the victim’s injuries.

For example, look at these two rear-end accident cases with low and high payouts:

  1. In Douglas County, Doane v. Ita, C109-205, the plaintiff was awarded $1,150 for soft-tissue injuries from a low-impact collision.
  2. Also in Douglas County, Wehner v. Christensen, 1057278, the plaintiff was awarded $375,000. The defendant challenged the medical necessity of the plaintiff’s treatments.

Factors that impact Nebraska car accident compensation:

  • Injury severity
  • Shared fault
  • Available insurance coverage
  • Number of vehicles involved
  • Number of injured victims

Commercial vehicles, like laundry trucks and tractor-trailers, carry higher levels of liability insurance than most personal vehicles. Accidents caused by commercial drivers in large vehicles often result in more severe injuries and higher payouts.

Nebraska State Minimum Insurance Requirements

Anyone who owns or operates a vehicle in Nebraska must carry auto liability insurance of at least $25,000 per person/$50,000 per accident, and $25,000 for property damage, or provide other proof of financial responsibility.

Nebraska requires auto policies to provide bodily injury uninsured motorist (UM) and underinsured motorist (UIM) coverage equal to the policy’s liability limits.

Can I sue for pain and suffering in Nebraska?

Yes. Nebraska is a traditional fault state, so you can sue the at-fault parties for all your compensatory damages, including pain and suffering.

How to Calculate a Minor Injury Settlement

You can estimate the settlement value of a mild to moderate injury claim by adding up your economic damages, such as medical bills, out-of-pocket expenses, and lost wages, then adding one to three times that amount to account for your non-economic damages, better known as pain and suffering.

The amount the insurance company is willing to pay for pain and suffering depends on how much your injuries interfered with your life after the accident. A multiple of one is reasonable for a few days on the couch with a heating pad. A multiple of two or three is justified for a slipped disc that limited your activities for several months.

Serious injury claims should be handled by an experienced car accident lawyer for the best outcome. They will pursue compensation for past and future medical expenses, lost earning capacity, and the pain and suffering experienced by victims with permanent physical injuries.

Visitor Questions: Nebraska Car Accidents