Legal Steps to Take After an Auto Accident in Nebraska
A car accident can disrupt your life in an instant. In addition to dealing with injuries, vehicle damage, and insurance claims, you may also be wondering what legal steps you should take to protect your rights. While every accident is different, the actions that you take in the hours, days, and weeks following a crash can have a significant impact on your ability to recover compensation.
Understanding the legal process after an auto accident in Nebraska can help you avoid common mistakes and put yourself in the best position if you decide to pursue a personal injury claim.
Report the Accident
If the accident involves injuries, a fatality, or significant property damage, you should notify law enforcement as required by Nebraska law. When officers respond to the scene, they will typically prepare an accident report documenting important details about the collision.
A police report is not the final word on who is at fault, but it can provide valuable evidence for insurance claims and any future legal proceedings.
Seek Medical Care as Soon as Possible
Even if you don’t think that you’ve been seriously injured, it’s important to seek medical attention after a crash if you have any symptoms or concerns. Some injuries, like concussions, whiplash, or internal injuries, might not be evident immediately following the accident.
Prompt medical attention not only protects your health but also creates medical documentation that connects the injuries to the accident. Delaying treatment can make it more difficult to prove the extent of your injuries later.
Preserve Evidence
Strong evidence is usually the foundation of a successful personal injury claim. If you’re able to do so safely, gather information that may help document what happened.
Typically, examples of these types of documents include photos and videos of the accident scene, contact information for witnesses, and insurance information of the other driver.
It’s also a good idea to keep copies of repair estimates, medical records, receipts, and any correspondence related to the accident.
Notify Your Insurance Company
Most insurance policies require prompt notice after an accident. When reporting the crash, provide accurate information about what happened, but avoid guessing about fault or minimizing your injuries before they’ve been fully evaluated.
If the other driver’s insurance company contacts you, be cautious about giving a recorded statement or accepting a settlement offer before you understand the full extent of your injuries and damages.
Understand Nebraska’s Fault-Based System
Nebraska follows an at-fault system for motor vehicle accidents. This means that the person or party responsible for causing the collision may also be responsible for compensating injured victims for their losses.
However, determining fault isn’t always a straightforward process. Insurance companies may dispute liability or argue that multiple parties share responsibility for the accident. Since fault directly impact compensation, gathering evidence early is especially important.
Be Aware of Comparative Negligence
Nebraska follows a modified comparative negligence rule. If you’re found partially responsible for the accident, your compensation may be reduced by your percentage of fault. If you’re found to be 50% or more at fault, you usually can’t recover any damages.
Since insurance companies often investigate whether they can assign some responsibility to the injured person, it’s important to avoid making statements that could be interpreted as admitting fault before all of the facts are known.
Know the Deadline to File a Claim
Nebraska law limits the amount of time that you have to file a personal injury lawsuit after a car accident. Waiting too long could prevent you from pursuing compensation, even if another driver was clearly at fault.
Because investigating an accident and negotiating with insurance companies can take time, it’s generally advisable to begin evaluating your legal options well before the filing deadline approaches.
Why Legal Guidance Can Help
Auto accident claims often involve disputes over fault, medical expenses, lost income, and insurance coverage. Working with an experienced firm like Shasteen, Morris & Ockander can help you understand your rights and pursue the compensation that’s available under Nebraska law.
