Pedestrian Accidents
omaha nebraska
pedestrian accident attorneys
Hit by a Car While Walking? You Have Rights Under Nebraska Law.
Pedestrians are the most vulnerable users of our roads. A driver's careless mistake (a missed stop sign, a distracted glance at a phone, a failed right-on-red check) becomes a life-changing injury when the "other vehicle" is a human body. Broken bones, traumatic brain injuries, spinal damage, and wrongful death are all too common outcomes of pedestrian-vehicle collisions in Omaha, Bellevue, Papillion, and the rest of the metro.
Nebraska law is clear: pedestrians in marked crosswalks and at intersections generally have the right of way. Drivers turning right on red must yield to people crossing with the signal. Drivers must exercise special care around school zones, senior centers, and anywhere foot traffic is foreseeable.
If you or a loved one was struck by a vehicle, an experienced Omaha pedestrian accident lawyer can help you recover the full compensation you're entitled to.
For the 75+ years of our attorneys' combined experience and more than 100 jury trials, Rensch & Rensch Law has fought for Nebraskans whose lives were changed by someone else's negligence behind the wheel.
Who's Liable When a Pedestrian Is Hit?
Usually it is the driver, but not always just the driver:
- The driver: for speeding, distracted driving, running a signal, failing to yield, driving under the influence
- The driver's employer: if the driver was on the clock (delivery vehicle, commercial vehicle operator, or rideshare driver mid-trip)
- The vehicle owner: if the owner let someone unfit (drunk, unlicensed) drive
- A government entity: rare, but possible for dangerous road design, faulty signals, or crosswalks made invisible by overgrown vegetation
- A third party: for example, a bar that over-served a driver who then hit you (Nebraska dram shop claims are narrow but available)
Common Omaha Pedestrian Accident Scenarios
- Crosswalk collisions: driver turning right on red or left across oncoming traffic fails to see the pedestrian
- Parking lot strikes: backing vehicles, drivers pulling out of spaces, distracted drivers in store lots
- Driveway exits: drivers backing out of a home or business driveway across a sidewalk
- Hit-and-run collisions: the driver leaves the scene, which elevates the case dramatically (criminally and civilly)
- Intersection turn-on-green conflicts: driver turns without waiting for the walk signal to clear
- Drunk-driving pedestrian strikes: often catastrophic; punitive damages may be available in addition to compensatory
Evidence That Wins Pedestrian Cases
- Police accident report (pedestrian-involved collisions get heavy scrutiny)
- 911 call recordings and dispatch logs
- Surveillance footage from nearby businesses and traffic cameras (often deleted within 7–30 days)
- Eyewitness statements (memories fade fast; we reach witnesses early)
- Skid marks, vehicle damage, and debris location
- Your medical records and injury progression
- The driver's phone records (if distraction is suspected; these must be preserved early or they are lost)
We send evidence-preservation letters within hours of being retained.
Insurance Realities in Nebraska
Even in a clear-liability pedestrian case, the driver's policy may not cover everything. That is where your own uninsured/underinsured motorist (UIM) coverage can step in. Most people are surprised to learn their own auto policy can pay for their injuries even though they were walking. We review every available policy when we evaluate your case: driver, owner, employer, and your own.
Protect Your Rights
Call Rensch & Rensch Law at 402.498.4400
Compensation may include medical expenses (present and future), lost wages and earning capacity, pain and suffering, emotional distress, disfigurement, and loss of consortium for your family. We work on a contingency fee: no fee unless we win.
Contact Rensch & Rensch Law
Call 402.498.4400 or submit the form below. We offer a free initial consultation and can come to your home or hospital room if your injury prevents travel.
Frequently Asked Questions: Omaha Pedestrian Accident Claims
How much does it cost to hire Rensch & Rensch Law?
There is no up-front cost. We handle personal injury cases on a contingency-fee basis. You owe no attorney fees unless we recover compensation for you. Your initial consultation is always free, whether by phone, video, or in person at our Omaha or Columbus offices.
Can I still recover if I was partly at fault for the accident?
Yes, often. Nebraska follows a modified comparative-fault rule: you can recover damages as long as your share of the fault is less than 50%, but your award is reduced by your percentage of responsibility. An experienced Omaha personal injury lawyer can help reduce disputed fault arguments from the other side.
Do I have to go to court if I file a personal injury claim?
Most personal injury claims in Nebraska settle before trial, because the insurer weighs the cost of litigation against a fair settlement. If the insurer refuses to negotiate in good faith, Rensch & Rensch Law is prepared to file suit. Our attorneys have participated in more than 100 jury trials, so insurers know our cases are trial-ready.
Do pedestrians always have the right of way in Nebraska?
Not always, but Nebraska law imposes strong duties on drivers. Drivers must yield to pedestrians in crosswalks, exercise due care to avoid hitting a pedestrian, and give warning by sounding the horn when necessary. Drivers must also take special precautions when encountering children or visibly impaired pedestrians.
What if I was crossing outside a crosswalk when I was hit?
Crossing outside a marked crosswalk (jaywalking) does not automatically bar recovery in Nebraska. The driver still owes a duty of reasonable care. Comparative fault may reduce your recovery, but as long as your share of the fault is under 50% you can still recover. Street lighting, visibility, driver speed, and distraction are all factors.
What if the driver who hit me fled the scene?
Hit-and-run pedestrian cases are more common than they should be. Your own auto policy's Uninsured Motorist (UM) coverage can pay your medical bills and other damages when the at-fault driver cannot be identified. Nebraska pedestrians are also sometimes covered by a household member's UM policy even without owning a car.
What clients say
60+ 5-star Google reviews
After being involved in a serious car accident, my life was turned upside down. As a medical professional, I understood the long-term impact that catastrophic injuries can have on a person’s life, so I knew I needed an attorney with significant experience handling complex injury cases. Choosing Sean and his team was one of the best decisions I have ever made. Sean is an absolute gem to work with. From day one, he treated me with compassion, respect, and genuine care. He took the time to answer every question I had, responded to emails quickly, and always made me feel like I was a priority. Throughout the entire process, he never allowed me to lose hope, even during some of the most difficult moments of my recovery. What stood out most was the incredible amount of hard work Sean and his team invested in my case. They handled the insurance companies, fought tirelessly on my behalf, and navigated every challenge with professionalism and expertise. Personal injury cases take time, and there were moments when the road ahead felt uncertain, but Sean was always there to guide me, reassure me, and keep me informed every step of the way. Because of Sean’s dedication, persistence, and experience with catastrophic injuries, I was able to focus on healing while knowing my case was in the best possible hands. Today, I have my life back, and I truly credit much of that to Sean and his amazing team. If you have suffered injuries in a car accident and need an attorney who genuinely cares about his clients, understands complex insurance matters, and will fight relentlessly for the best possible outcome, I cannot recommend Sean and his team highly enough. They changed my life, and I will always be grateful for everything they did for me.
Sean & Nate communicated with us regularly. They were competent, caring and responsive. There was no doubt Sean was respected by opposing counsel and the Judge. The negotiated outcome was done quickly and more than fair. We highly recommend Sean Rensch and the team at Rensch & Rensch Law.
I'm happy to contribute a positive review for Chase Murphy, based on some legal work he did for us recently. Chase was knowledgeable, and was able to explain the applicable law to us in clear terms. He was able to resolve our situation in just a few days, and we especially appreciated his timely communication. I would recommend Chase to others without reservation. Ed Hollingsworth
Worked with Chase primarily on my case but had Nate helping out too. Very kind people and very patient, don’t be afraid to ask them questions… i asked a million and more and always got a good response.
I worked with Chase for a car accident. He got me a really good amount for my settlement. He walked me through everything step-by-step. Definitely recommend Chase and his team for any Accidents :)
I've dealt with numerous lawyers in my life. I have referred people to lawyers I thought would do a good job. It seems like every time my friends/colleagues would report back that they had a negative experience. I started to wonder if I am just a bad judge of character, especially with regards to lawyers. That was until I met Sean and Dick Rensch. Personal injury law is way more complicated than I ever thought. These guys are pros and I feel lucky to have found them. Thanks for the chance to leave this review.
My mom was hit by a car and we were overwhelmed. Sean Rensch put us at ease immediately. He handled all medical bills, insurance, and secured a fair settlement so we could focus on her recovery. Professional, compassionate, and highly effective. Highly recommend Sean Rensch of Rensch and Rensch. Thank you, Sean!
I would highly recommend Chase Murphy if you have been in an accident. He is very kind and caring and will get you the best result from the insurance carriers involved.
So glad to give this review. I’ve been around lawyers my entire career videotaping depositions in Nebraska. When I got into a car crash recently, I did not hesitate to contact Rensch & Rensch Law. I’ve seen Dick and Sean in trial and in many depositions. This is the best injury firm in Nebraska. My case ended up being handled primarily by Rensch & Rensch attorney, Mitch Kohl (who I learned is a doctor and a lawyer!!!). Dr. Kohl did an excellent job for me. Clearly he fits in well with Sean and Dick. I need to thank them all, including paralegal Carley Adams. I’m so happy with how this case turned out. Thanks. John MacKnight
Sean Rensch, Nate and his team were so helpful, professional, always answered my phone calls or texts and always calmed me down when I was getting frustrated with how Workman's Comp was treating me. Sean and Nate told me from the beginning that it would be a LONG Process and it was, But they made it go smoothly and kept reassuring me that everything was going as they planned. It is in the pasted now, we Won my case and now I feel that I have made Life long Friends with Sean and Nate.
I was very pleased with the experience of working with Chase and Nate on my case, they were thorough, caring, and did everything they could to get the best outcome. I am very happy with how everything turned out! If you want to work with a lawyer who is truly caring about YOU and not just doing a job, please go see them. ALL of them at Rensch and Rensch are amazing and you won’t be disappointed!
I can’t thank this legal team enough for their incredible support. They communicated with me clearly and consistently throughout the entire process, making a difficult situation much easier to navigate. Chase and Nate truly went above and beyond checking in on how I was doing after the incident and even celebrating the small wins along the way. They were professional and compassionate. I’m so thankful for their help and highly recommend this team to anyone in need of legal representation.
I am so thankful to have found this law office on the internet! I had a few car accidents and even though this was a horrible experience to be in, Sean made this process and painless as possible. Thank you for all your help and support I will forever be thankful!
These guys were the upmost professional when I hired them. Were 100 percent of the time. Answered questions if I had them let me know how things were going. Gave me advice. Told me things might take long. It did and they were always there. I would hire them agian in a heartbeat.
I lost count on how many times I’ve recommended this team to people. They really know how to treat you like family; I don’t think any other firm would fight tooth and nail for my wife and I quite like Chase did. Eternally grateful for Rensch & Rensch Law.
Results That Matter
Every case is unique and past results do not guarantee future outcomes, but the firm’s track record shows what is possible when the facts support full recovery.
- $6 Million+ Complex Federal Court Claim Settlement during litigation of a complex personal injury claim in United States District Court.
- $3.5 Million Wrongful Death Confidential settlement for a newly-married widow in a difficult wrongful-death case against a national-company defendant with extensive defense resources.
- $3.18 Million Complex Negligence Settlement of a complex negligence claim just before trial.
Rensch & Rensch injury law
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