Car Accidents

Liability for Car Collisions in Nebraska

Nebraska is an at-fault state for auto collisions. Under the state’s fault laws, the driver who caused the traffic crash (the at-fault party) will be held civilly and financially liable for medical costs, property damages, and other crash-related expenses and losses suffered by the victims. To pursue damages, you can do any of the following:

• File a first-party claim with your own insurance carrier.
• File a third-party claim against the at-fault driver’s insurer.
• File a personal injury lawsuit against the at-fault driver in civil court.

A seasoned Nebraska car collision attorney can tell you about the state’s insurance requirements and help determine the right way to proceed with your claims or lawsuit.

Nebraska Insurance Requirements

According to Nebraska laws, motorists across the state are legally required to have a minimum amount of liability with the following coverage limits:

• $25,000 for bodily injuries per person per auto crash.
• $50,000 for total bodily injuries to two or more persons per auto crash.
• $25,000 for property damage per auto crash.
• Uninsured and Underinsured Motorist Bodily Injury Coverage (UM/UIM coverage) – $25,000 for bodily injury per person and $50,000 per motor vehicle crash.

The basic liability policy will help cover the medical expenses, property damages, and other crash-related losses incurred by the victims up to coverage limits.

State Laws Addressing Personal Injury Claims

Here are some Nebraska laws addressing auto collision reporting, time limits for filing injury claims, and the amount of damages that may be recovered.

Reporting a Car Collision

Under Nebraska law, all drivers involved in a traffic crash which causes an injury, death of a person, or property damage of at least $1,500 must file a Driver’s Motor Vehicle Crash Report with law enforcement within ten days of the incident.

Statute of Limitations

The statute of limitations for personal injury cases in Nebraska, including motor vehicle crashes, is four (4) years from the date of the incident. That means that you must commence a civil action within this specified timeframe (4 years) to recover financial compensation for your injuries and damages.

Modified Comparative Fault Rule

It is important to note that Nebraska follows the modified comparative fault system, with a 50% bar. According to the principle, you may be eligible to recover damages if the other party was equally or mostly (50% or more) responsible for the incident. In addition, the amount of compensation you can receive will be reduced in proportion to your degree of fault.

For example, if the court awarded $40,000 in damages against the at-fault party but discovered that you were 10% liable for the auto crash, your damages would be reduced by $4,000. Hence, you may only recover $36,000 out of the initial award. Under Nebraska’s modified comparative fault rule, you will be barred from seeking damages if you were 50% or more responsible for the vehicle crash or injury.

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Filing a Wrongful Death Claim

However, if the car collision results in the victim’s death, their surviving loved ones may be entitled to recover damages through a wrongful death claim or lawsuit. Under Nebraska law, a wrongful death claim must be filed by the legal representative of the decedent’s estate. This may be the spouse, adult child, or parent.

Work With a Seasoned Personal Injury Attorney

Getting hurt in a negligent auto crash can be unsettling and might affect your physical, emotional, and financial well-being. Nonetheless, you don’t need to bear the financial challenges and liability all by yourself. Therefore, if you were involved in a traffic collision, hiring a seasoned personal injury attorney is beneficial for clear guidance and to protect your best interests.

For over 50 years, our firm has been handling personal injury cases and representing traffic crash victims and their loved ones in their injury claims. With our extensive knowledge, we can direct you through the complex procedures involved in filing claims and recovering damages. Also, our trusted lawyer will advocate for your rights, hold the negligent party liable, and help you seek your rightful financial justice.