Liability for Car Accidents in Nebraska
When it comes to determining liability for a car accident in Nebraska, the injured party must prove the following elements in order to recover damages:
- The other motorist owed you a duty of care;
- The motorist breached the duty;
- That driver’s negligence or recklessness caused the car wreck; and
- You suffered your injury and damages in that accident.
The process of establishing these elements may seem complicated, especially if you are undergoing treatment following the car crash. Consider contacting our team of advocates at Abrahamson Law Office to help you with your claim and pursue compensation on your behalf.
Nebraska is an At-Fault State
Nebraska is an at-fault insurance state, which means motorists whose negligent conduct causes car accidents are responsible for paying any resulting damages. However, the at-fault driver may not have sufficient insurance to cover the victim’s damages. For this reason, there are three options for seeking compensation in Nebraska:
- File a claim against the at-fault party’s car insurance liability coverage;
- File a lawsuit against the at-fault driver to recover damages; or
- File a claim with your own insurance company.
Nebraska Insurance Requirements
In Nebraska, the minimum requirements for auto insurance are as follows:
- $25,000 per injured person/$50,000 per accident in bodily injury liability coverage
- $25,000 in property damage liability coverage
- $25,000 per injured person/$50,000 per accident in underinsured motorist (UIM) bodily injury coverage
Nebraska State Laws Addressing Personal Injury Claims
If you or your loved one have been involved in a car accident in Omaha or other parts of Nebraska, there are several state laws that could impact your personal injury claim:
Statute of Limitations
A statute of limitations is a time limit to bring a civil lawsuit in court. The deadline depends on the cause of action:
- For personal injury claims, the time limit is four years from the date of the accident (Nebraska Revised Statute § 25-207); and
- For wrongful death lawsuits, the statute of limitations is two years from the date of the car accident victim’s death (Nebraska Revised Statute § 30-810).
Modified Comparative Fault
Under Nebraska Revised Statute § 25-21,185.09, Nebraska follows the doctrine of “modified comparative fault.” It means that an injured victim may still be entitled to compensation even if their own negligence contributed to the accident.
However, if you are partially to blame for your accident, the amount of compensation will be reduced in proportion to your degree of fault. Under the modified comparative fault rule, a victim is barred from recovering damages if their degree of negligence is greater than the total negligence of other parties involved in the accident.
Filing a Wrongful Death Claim
Under Nebraska law, “wrongful death” means the death of a person caused by the negligence, wrongful act, or default of another party. Under Nebraska Revised Statute § 30-809, a plaintiff has grounds to file a wrongful death claim if the defendant’s conduct would have allowed the deceased individual to pursue a personal injury lawsuit in court if they lived.
In many states, the decedent’s surviving family members are eligible to file a wrongful death lawsuit, but not in Nebraska. Under Nebraska Revised Statute § 30-810, only the personal representative of the decedent’s estate is allowed to file a wrongful death lawsuit.