Nebraska Car Accidents: Can You File a Claim If You’re Partially at Fault?

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Car crashes often leave both people shaken and asking who pays for damage and medical bills. In Nebraska, the law allows injured people to seek money even when they share some blame for a wreck. That means you do not automatically lose your right to recover just because you made a mistake. If you want help proving your story and protecting your rights, a Nebraska car accident lawyer can explain the rules and fight for a fair share of damages.

How Nebraska Assigns Partial Fault

Nebraska uses a system that spreads responsibility among everyone involved when more than one person shares blame. The jury or judge decides what percent each driver is at fault based on the evidence. Your award gets cut by your percentage of fault. If your share reaches or passes fifty percent, you cannot recover anything for your injuries.

Consider real-life ways both drivers might bear responsibility. Sometimes, both motorists break traffic rules or make poor choices. Other times, one driver may speed while the other fails to signal or stop at a sign. Weather, road work, and vehicle defects can also divide blame between a driver and another party. Below are several concrete examples that show how courts or insurers might divide negligence:

  • A driver runs a red light and hits a car that was speeding. The first driver is largely at fault for disobeying the signal, but the second driver’s speed increases their share of blame.
  • One motorist drifts out of their lane while the other fails to yield when making a left turn. Both actions contribute to the collision.
  • A vehicle with bad brakes causes a crash, but the other driver was texting and did not see the problem in time; the vehicle owner and the distracted driver can both be partly responsible.
  • Poorly marked construction forces sudden lane changes, and a driver also tailgates; the city or contractor and the tailgating motorist may share fault.

These examples show exactly why evidence matters: statements, photos, police reports, and traffic laws help assign a fair percentage.

What a Nebraska Car Accident Attorney Will Do to Protect Your Claim

When you hire an attorney, they work to prove you deserve compensation and that your share of blame is fair. Your lawyer gathers evidence from the scene, gets medical records, and hires specialists if needed. They talk to witnesses and review police reports to find details that minimize your percentage of responsibility. A good attorney also handles talks with insurance companies, so you do not hurt your case by making a wrong statement.

Typical steps your lawyer will take include:

  • Collect crash scene photos, video, and police reports to build a timeline.
  • Interview witnesses and secure written statements before memories fade.
  • Consult accident reconstruction specialists to show how the crash happened.
  • Review medical records and hire life-care planners or economists when future needs are at issue.
  • Negotiate with insurers and, if needed, file suit to preserve your rights.

These actions aim to lower the percentage you are assigned and increase the money you recover if you remain eligible.

Statute Of Limitations For Personal Injury Lawsuits In Nebraska

Time limits control how long you have to file a lawsuit after a crash. In Nebraska, most injury claims must start within four years from the date of the incident. If you wait longer than four years, the court will likely refuse to hear your case, and you lose the ability to sue for damages. There are exceptions for special cases, so it is wise to check your situation right away and not rely on memory alone.

If your case involves a government vehicle or a hidden injury that shows up later, different time rules may apply. Also, wrongful death claims use a shorter period. Acting quickly helps preserve important proof, like witness memories and surveillance footage.

Take Action Now

If you were hurt in a Nebraska car crash and you think you share some blame, don’t immediately assume you cannot recover your losses. Gather what you can: photos, names of witnesses, and medical records. Contact a negligence-savvy Nebraska car accident attorney for a clear review of your situation and help in protecting your claim. Time can erase proof and rights, so reach out today to learn your options.

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About the Author: Brian Novak