Omaha Car Accident Lawyer

Photo of a car accident site

Omaha, Nebraska has specific personal injury laws in place to protect the rights of individuals who have been injured due to the negligence or wrongdoing of others. Understanding these laws is essential if you or someone you know is considering pursuing a personal injury claim in Omaha. 

Some of the key car accident laws in Omaha include:

Negligence Laws

Nebraska, including Omaha, follows a fault-based system for car accident liability. This means that if you are injured in a car accident, you have the right to seek compensation from the at-fault party’s insurance company. To do so, you must demonstrate that the other driver was negligent and that their negligence directly caused your injuries.

Minimum Auto Insurance Requirements

In Omaha and Nebraska, all drivers are required to carry minimum liability insurance coverage. The minimum coverage limits are $25,000 per person for bodily injury, $50,000 per accident for bodily injury, and $25,000 per accident for property damage. These limits represent the minimum amount of insurance coverage a driver must have to legally operate a vehicle in the state.

Comparative Negligence

Nebraska follows a modified comparative negligence system. This means that if you are found to be partially at fault for the accident, your compensation can be reduced in proportion to your degree of fault. However, if you are determined to be 50% or more at fault, you may be barred from recovering damages.

Hit and Run Laws

Leaving the scene of an accident without stopping to provide identification and assistance is a serious offense in Omaha. Drivers involved in accidents are required to remain at the scene and exchange information with the other parties involved. Failure to do so can result in criminal charges.

Statute of Limitations

In Omaha, there is a statute of limitations that sets a time limit for filing a personal injury lawsuit after a car accident. Typically, you have four years from the date of the accident to file a lawsuit. Failing to file within this timeframe can result in the loss of your right to seek compensation.

Uninsured and Underinsured Motorist Coverage

Nebraska law requires insurance companies to offer uninsured and underinsured motorist coverage to policyholders. This coverage can provide compensation if you are involved in an accident with a driver who lacks insurance or has insufficient coverage to pay for your damages.

No-Fault Insurance

Nebraska is not a no-fault insurance state. In no-fault states, each driver’s insurance pays for their own medical expenses, regardless of fault. In Nebraska, the at-fault driver’s insurance typically covers the injured party’s damages.

Seat Belt Laws

Omaha has strict seat belt laws. Failure to wear a seat belt can result in fines and can also be used against an injured party in a personal injury claim to argue that their injuries could have been less severe if they had been properly restrained.
It’s essential to consult with an experienced attorney who specializes in personal injury cases in Omaha to get the most up-to-date and tailored advice for your specific situation. If you’ve recently been in an accident of any kind, make your next step reaching out to 1-800-Injured. We are a medical and legal referral network who can connect you with an Omaha car accident lawyer.