Car accident cases can become much more complicated when there is a dispute over who caused the crash. In Nebraska, which is considered an “at-fault” state, determining liability is a critical part of the compensation process. The driver found to be liable bears legal responsibility for the other party’s damages.
However, fault is not always clear-cut. Multiple parties may share responsibility, and the other side’s insurance company will likely push hard to shift blame in your direction. An experienced car accident attorney in Lincoln can help you work through these challenges. In the meantime, here is what you should know about how liability works in Nebraska auto accident cases.
How Nebraska Determines Fault After a Collision
Since Nebraska is an at-fault state for car insurance, as mentioned above, the person who caused the accident is financially responsible for the resulting damages. Unlike no-fault states, Nebraska does not require you to file claims through your own insurance first. Instead, you pursue compensation directly from the at-fault driver or their insurer.
To hold someone liable for your injuries, you generally need to prove that they acted negligently. This means showing that the other driver owed you a duty of care and failed to uphold it. You must also demonstrate that their failure is what directly caused both the accident and the injuries you sustained.
Every driver on the road has a legal obligation to operate their vehicle safely and obey traffic laws. Running a red light and texting behind the wheel are common examples of conduct that can establish negligence.
How Shared Fault Impacts Your Recovery
Nebraska addresses the issue of shared fault through its modified comparative negligence rule.
Under this rule, your compensation is reduced by whatever percentage of fault is assigned to you. If you are awarded $100,000 but found to be 20% responsible, your recovery drops to $80,000. The rule carries a hard cutoff as well. If your share of fault reaches 50% or more, you lose the right to recover any compensation at all.
This threshold makes it especially important to build a case with help from a car accident attorney that limits your exposure to blame. Insurance adjusters understand the 50% bar and regularly use it as a tool to reduce or deny claims entirely.
Building a Case From the Ground Up After a Nebraska Car Accident
The strength of your claim depends heavily on the evidence you are able to gather. Taking the right steps early on can make a significant difference in proving who was at fault. Keep the following in mind after a crash:
- Call law enforcement so an official police report is created at the scene
- Photograph the damage to all vehicles involved as well as any relevant road conditions
- Collect contact details from anyone who saw the accident happen
- Avoid admitting fault or apologizing to the other driver, as those statements can be turned against you
- Get medical attention right away, even if you feel fine initially
From there, contact a car accident attorney as soon as possible. Your lawyer can investigate the crash thoroughly and work to establish the other driver’s liability before critical evidence is lost.
Contact Steffens Law Offices for a Free Case Evaluation
If you were injured in a car accident in Nebraska, knowing where liability falls can shape the entire outcome of your case. Steffens Law Offices is here to handle the legal side of things while you focus on your health and well-being.
Get in touch today for a free case review. We’ll do everything in our power to help you secure maximum compensation for both your economic and non-economic damages plus seek punitive damages if applicable.