Car accidents are a prevalent cause of injury and death in the United States. When an individual is involved in an automobile accident in Nebraska, they may have a right to file a personal injury claim to obtain compensation for their injuries. This article will provide an overview of Nebraska’s car accident laws and personal injury claims process, including what to do immediately after an accident, determining fault, and how to file a claim.
Table of Contents
What to do immediately after a car accident in Nebraska
If you have been in a car accident in Nebraska, there are several measures you should take immediately after the accident. These measures include:
Move to a Safe Location
Ensure you and all the passengers are safe and move your vehicle if possible to a safe location so that it doesn’t cause further accidents.
Report the Incident
Call 911 and report the accident to the police if there are significant injuries or property damages.
Exchange Information
Exchange information with the other driver, including names, addresses, phone numbers, driver’s license numbers, and insurance information. Collect the names and contact information of any witnesses.
Determining Liability
The legal principle of "negligence" applies to car accident cases. The individual who causes the accident is legally responsible for any damages that occur. In Nebraska, the percentage of fault assigned to each party determines the amount of compensation. The parties who share blame for causing the accident may each be held partially liable.
Filing a Personal Injury Claim
If you have suffered injuries as a result of a car accident in Nebraska, you may need to file a personal injury claim to get compensation. Here’s how to file a personal injury claim in Nebraska:
Contact an Attorney
Consult with an experienced personal injury lawyer who can evaluate your case and advise you on your options.
Prepare a Claim
Your lawyer will prepare and file a claim on your behalf with the insurance company of the other driver.
Negotiate a Settlement
The insurance company will offer a settlement, which your lawyer will negotiate for the best possible outcome. If the insurance company does not offer an acceptable settlement, your lawyer will prepare to file a lawsuit.
Take Your Case to Court
If the insurance company and your lawyer cannot agree on a settlement amount, you may proceed with filing a lawsuit to pursue compensation.
Nebraska Car Accident Laws
Under Nebraska law, you are required to file a crash report if the accident caused injury, death, or property damage of $1,000 or more. Additionally, Nebraska is an at-fault state, meaning that drivers who cause accidents are financially responsible for any damages that occur.
Statute of Limitations
The statute of limitations for filing a personal injury claim in Nebraska is four years from the date of the accident. If you do not file a claim within this timeframe, you could lose the right to recover compensation for your injuries.
Pure Comparative Negligence
Nebraska follows a pure comparative negligence law. This means if both parties share responsibility for the accident, the compensation amount will be reduced according to the percentage of fault assigned to each party.
Conclusion
Car accidents can alter your life in an instant. Whether you want to file a personal injury claim or protect yourself in case of an accident, it is essential to know Nebraska’s car accident laws. If you have been involved in an auto accident, remember to prioritize your safety and wellbeing, then take the necessary steps to file a claim or protect your legal rights with the guidance of an experienced personal injury attorney.