How Might Nebraska’s Comparative Negligence Law Affect My Car Accident Claim?


There are countless factors that can contribute to car accidents, and it is often the case that multiple parties share fault for a collision. For example, if you are speeding and another vehicle changes lanes without signaling and hits you, both you and the other driver would be partially liable for the crash.

The state of Nebraska has adopted a comparative negligence law, which means that you cannot recover compensation in a personal injury claim if your percentage of fault is greater than or equal to the total negligence of all defendants. If the court determines that you were only slightly at fault, your recovery will be reduced by your percentage of fault. For example, if the total amount of damages awarded is $100,000 and the court determines that you were 25 percent at-fault for the collision, your recovery would be reduced to $75,000.

The success of your personal injury claim and the amount of compensation you ultimately recover will hinge on the strength of your evidence. This is where an injury attorney can help.

An accident lawyer from Rensch & Rensch Law will investigate your crash, interview witnesses, gather evidence, and help you fight for the maximum compensation. Call 1-800-471-4100 to schedule a free initial consultation with an injury attorney in Omaha.

What Evidence Might My Accident Lawyer Use to Prove Negligence and Liability?

If the at-fault driver asserts that you were either partially or entirely responsible for the crash, you or your attorney will have to show evidence to prove that the other driver was at-fault and, as a result, is liable for your damages. Your lawyer may rely on the following evidence to prove negligence and liability:

  • Pictures of the accident scene;
  • The police report;
  • The testimony of an accident reconstruction expert;
  • CCTV camera footage of the crash;
  • Eyewitness testimonies;
  • If a commercial truck driver caused your accident, your lawyer may use data from the truck’s electronic data recorder to prove negligence; and
  • If the other driver was under the influence at the time of the wreck, toxicology reports may be valuable evidence.

What Damages Might Be Recoverable after a Car Accident in Nebraska?

In addition to proving negligence and liability, you or your attorney must gather evidence to prove the value of your damages. Depending on the facts of your case, you may be entitled to compensation for the following damages:

  • Lost wages;
  • Loss of future earning capacity;
  • Past and future medical bills;
  • Physical impairment;
  • Loss of household services;
  • Mental anguish;
  • Pain and suffering;
  • Loss of consortium;
  • Disfigurement; and
  • If the driver who caused your collision was drunk, you may also be able to recover punitive damages.

An Omaha accident lawyer from Rensch & Rensch Law can calculate your damages and help you fight for the maximum compensation. Our attorneys have more than 45 years of combined legal experience. Call 1-800-471-4100 to schedule a free consultation with a car accident attorney in Nebraska


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