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.
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.
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.
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:
- Photographs and video of the crash scene
- Names and contact information from witnesses
- Your personal notes about the accident
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.
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.
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:
- In Douglas County, Doane v. Ita, C109-205, the plaintiff was awarded $1,150 for soft-tissue injuries from a low-impact collision.
- 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.
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.
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