Can You Still File a Claim in Nebraska if You’re Partly At Fault?

Two silver cars with front-end damage after a collision on a city street.

After a car accident, one of the first questions many people ask is who was at fault. But what happens if you believe you were partially responsible? Does that mean you can’t recover compensation?

In Nebraska, the answer is not always straightforward. Even if you share some responsibility for an accident, you may still be able to file a claim and recover damages. Understanding how Nebraska law handles shared fault is essential to knowing your rights and protecting your case.

Nebraska’s Modified Comparative Negligence Rule

Nebraska follows what is known as a modified comparative negligence rule. This legal standard allows injured parties to recover compensation even if they are partially at fault up to a certain point.

Under this rule, you can recover damages as long as you are less than 50% responsible for the accident. However, your compensation will be reduced by your percentage of fault. If you’re found to be 50% or more at fault, you’re generally barred from recovering any compensation.

This makes accurately determining fault a critical part of any claim.

How Fault Impacts Your Compensation

When fault is shared, the amount of compensation you receive is directly impacted. The court or insurance company will assign a percentage of fault to each party involved in the accident.

For example, if your total damages amount to $20,000 and you’re found to be 20% at fault, your compensation would be reduced by that percentage. In this case, you’d be eligible to recover $16,000.

Since this is how the system works, even a small change in the assigned percentage of fault can significantly impact the final outcome of your claim.

How Fault is Determined in Nebraska

Determining fault is not always simple. Insurance companies, attorneys, and sometimes the courts evaluate multiple factors to decide who was responsible and to what degree.

This process can involve reviewing:

Police reports and accident documentation
Witness statements
Photos or video footage of the scene
Traffic laws and driving behavior

Each piece of evidence contributes to building a clearer picture of how the accident occurred and who should ultimately be held accountable.

Common Situations Involving Shared Faults

Many accidents involve some degree of shared responsibility. For example, one driver might have been speeding while another failed to yield. In these situations, both parties can be assigned a percentage of fault.

Other common scenarios include:

Rear-end collisions with sudden stops
Accidents at intersections
Lane-change or merging incidents

Because these cases are rarely clear-cut, it’s important to carefully evaluate all available evidence.

Challenges When You Are Partly at Fault

If you’re partially at fault, you could face additional challenges when pursuing a claim. Insurance companies typically attempt to increase your percentage of fault in order to reduce the amount that they need to pay.

They could argue that your actions contributed more significantly to the accident than they actually did. Without strong evidence and a clear understanding of the law, it can be difficult to push back against these claims.

This is why taking a strategic approach is so important.

Woman in white sweater on phone next to red car with severe side door damage.

Steps to Take After an Accident

If you believe that you might be partially at fault for an accident, the steps that you take afterward are especially important.

Seek medical attention right away and document your injuries. Gather as much information as possible from the scene, including photos and contact information for witnesses.

Taking these steps can help preserve your claim and strengthen your position.

Why Legal Guidance Can Make a Difference

Navigating a claim involving shared fault can be complex. Working with an experienced firm like Shasteen, Morris & Ockander can help you protect your rights and pursue fair compensation.

An attorney can gather evidence, evaluate the circumstances surrounding your case, and challenge any attempts to unfairly assign blame. They can also navigate with insurance companies on your behalf and represent you if the case goes to court.

Having professional guidance can make a significant difference in the outcome of your claim.