Nebraska Comparative Negligence: Can You Recover If You Were Partly at Fault?
Someone can contribute to an accident without necessarily losing the entire claim. Nebraska's rule compares the claimant's negligence with the negligence of the person or people from whom the claimant seeks recovery.
This article refers to the framework as comparative negligence for readability; the statute's heading and text use “contributory negligence.” This article provides general Nebraska legal information. It does not assign fault, calculate damages, create an attorney-client relationship, or replace advice from a Nebraska attorney.
How Nebraska's comparative-negligence rule works
Section 25-21,185.09 contains two related rules. First, negligence attributed to the claimant reduces the damages award in the same proportion. Second, the claimant is totally barred from recovery if that negligence is equal to or greater than the total negligence of all persons against whom recovery is sought.
When a complete allocation is only between one claimant and one defendant and totals 100%, claimant negligence below 50% may permit a reduced recovery, while claimant negligence of 50% or more bars recovery. In every case, the statutory comparison is claimant negligence against the total negligence of all persons from whom recovery is sought.
Sections 25-21,185.07 through 25-21,185.12 apply to covered civil actions accruing on or after February 8, 1992, for injury, death, or property harm, regardless of theory, when contributory negligence may legally be a defense. Do not assume every injury claim or theory uses the rule in the same way.
Simplified examples of a reduced or barred award
The following examples assume one claimant, an otherwise recoverable $100,000 damages award, and negligence assigned only to the claimant and the person or persons from whom recovery is sought. They illustrate arithmetic, not a prediction of fault, settlement value, or trial outcome. The result is the aggregate amount after the claimant-negligence adjustment; it does not allocate liability among multiple defendants under Section 25-21,185.10.
| Claimant's assigned negligence | Simplified statutory effect | Illustrative result |
|---|---|---|
| 20% | The award is reduced by 20% | $80,000 |
| 49% | The award is reduced by 49% | $51,000 |
| 50% | The claimant's negligence equals the other side's total negligence | Recovery is barred |
| 60% | The claimant's negligence exceeds the other side's total negligence | Recovery is barred |
Real cases also require proof of causation and damages. Insurance limits, liens, costs, multiple claims, and other legal questions are separate from this simplified claimant-fault adjustment.
Who decides the percentage of fault?
A police report, citation, insurer's letter, or one person's account may be evidence, but none automatically fixes the legal percentage for every purpose. Parties can dispute what happened, which conduct caused the injury, and how responsibility should be allocated.
Apportionment is for the fact finder. The official Traphagan v. Mid-America Traffic Marking annotation to Section 25-21,185.09 states that when reasonable minds could differ and claimant negligence could be less than 50% of the total negligence of all persons against whom recovery is sought, apportionment must be submitted to the jury. In a jury trial, the statute requires the jury to be instructed about the effects of allocating negligence.
A settlement is negotiated rather than awarded by a jury. An insurer may take a fault position when making an offer, but that position is not automatically binding. A settlement or release can resolve claims, so its terms and supporting evidence should be reviewed before an offer is accepted or a release is signed.
Evidence that may affect a fault analysis
Fault cannot be measured from labels alone. Depending on the event, useful evidence may include:
- Original photographs, video, vehicle data, and scene measurements
- Traffic controls, lane markings, sightlines, weather, and roadway conditions
- Witness contact information and accounts based on direct observation
- Police reports, diagrams, citations, and officer observations
- Vehicle damage, inspection records, maintenance records, or product evidence
- Medical records and qualified opinions addressing injury and causation
- Employment, wage, billing, and other records supporting claimed losses
Preserve original files and metadata. Avoid editing key photographs or video, posting evidence publicly, or guessing about speed, distance, or fault in a recorded statement.
Multiple defendants can change the analysis
The statutory comparison uses the total negligence of all persons against whom recovery is sought. A multi-vehicle crash, unsafe-property claim, or commercial-vehicle case may involve more than one potentially responsible person or company. Identifying the correct parties can therefore matter before percentages are compared.
Nebraska Revised Statute 25-21,185.10 provides joint-and-several liability for economic and noneconomic damages when multiple defendants acted in concert or as part of a common enterprise. Otherwise, economic damages are joint and several, while noneconomic damages are several only and allocated in direct proportion to each defendant's negligence.
Those rules are more specific than simply adding every possible actor into one equation. Rensch & Rensch's guide to insurance after a multi-car accident explains why responsibility and coverage also require separate analysis.
Comparative negligence does not answer every claim question
In a negligence cause of action, a fault percentage does not by itself establish duty, breach, causation, or recoverable damages. The elements that require proof depend on the particular cause of action.
The framework also applies only where contributory negligence may legally be a defense. The Legislature's official Shipler v. General Motors Corp. annotation explains that the comparative-negligence scheme does not apply to a cause of action based on strict liability in tort. The correct claim and available defenses must be identified before using the percentage rule.
Deadlines are separate. The firm's Nebraska personal-injury deadline guide explains why the claim, parties, accrual, and other statutes must be reviewed instead of relying on one universal period.
Common questions about Nebraska comparative negligence
Can I recover if I was 10% or 20% at fault?
Under the simplified assumptions used above, 10% claimant negligence means a 10% reduction and 20% means a 20% reduction. That does not establish the percentage, recoverable damages, or that the claim otherwise succeeds.
Does Nebraska use a 50% or 51% comparative-negligence bar?
When the complete allocation is only between one claimant and one defendant and totals 100%, 50% claimant negligence equals the defendant's negligence and bars recovery. Nebraska therefore uses a 50% bar in that two-party example, not a 51% bar. A multi-party claim requires the statute's combined-negligence comparison.
Does a traffic citation decide comparative negligence?
No single item automatically performs the full civil analysis. A citation may be relevant, but the admissible evidence, causation, parties, and governing law still need review.
Can an insurer assign a fault percentage?
An insurer can take a position when evaluating a claim, but that position can be disputed and is not automatically a court's allocation. Ask for the factual basis and preserve the evidence supporting a different account.
Can a passenger be found partly at fault?
The answer depends on the conduct alleged and whether Nebraska law recognizes it as relevant negligence in that claim. Passenger status alone does not safely answer the question.
When Nebraska legal review may help
Prompt review may help when an insurer blames the injured person, several drivers or companies may be responsible, video or electronic records may disappear, or a release is offered before the evidence is complete.
Rensch & Rensch provides Nebraska personal-injury guidance, Omaha car-accident representation, and commercial truck-crash guidance. The firm's pedestrian-accident checklist also explains immediate evidence and reporting considerations.
Bring the reports, photographs, video, witness details, medical records, insurance correspondence, and any proposed release. Counsel can evaluate the actual claim without promising a fault percentage or recovery.
The official sources below were reviewed September 3, 2026. Current law and its case-specific application should be verified before reliance.
Sources
- Nebraska Legislature: Nebraska Revised Statute 25-21,185.07
- Nebraska Legislature: Nebraska Revised Statute 25-21,185.09, including the Traphagan and Shipler annotations
- Nebraska Legislature: Nebraska Revised Statute 25-21,185.10
Free & Confidential · 2-Minute Estimate
Hurt in an accident? See what your claim could be worth.
Answer a few quick questions and get a case-value range based on the same factors insurance adjusters use. No obligation.
Find Out How Much Your Case Is Worth Now, For FREE