Car Accident Laws in Nebraska
Whether you’re driving through Omaha or along a rural road in western Nebraska, car accidents can lead to serious injuries and complicated legal decisions. Nebraska’s car accident and personal injury laws determine who is financially responsible for injuries, how fault is determined, and how long you have to take legal action. This guide breaks down everything you need to know about filing a car accident claim in Nebraska, including insurance requirements, comparative fault rules, and broader personal injury protections.
Nebraska Is an At-Fault State
Nebraska follows an at-fault system for car accidents. That means the person responsible for causing the crash is also responsible for covering the damages. If you are injured in an accident, you can choose to:
- File a claim with your own insurance company
- File a third-party claim with the at-fault driver’s insurer
- File a personal injury lawsuit against the at-fault driver
In fault states like Nebraska, proving liability is key to recovering compensation.
Modified Comparative Negligence in Nebraska
Nebraska uses a modified comparative negligence rule with a 50% bar. If you’re found to be 50% or more at fault for the crash, you cannot recover any damages. If you’re less than 50% at fault, your compensation will be reduced by your percentage of fault.
For example, if you’re awarded $60,000 in damages but are found 30% at fault, you would receive $42,000.
Minimum Auto Insurance Requirements in Nebraska
Every driver in Nebraska is required to carry the following minimum liability insurance:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $25,000 for property damage
Nebraska also requires uninsured and underinsured motorist (UM/UIM) coverage in the same minimum amounts, which protects you if the other driver has no insurance or not enough to cover your losses.
Statute of Limitations in Nebraska
For personal injury lawsuits in Nebraska, including those involving car accidents, you generally have four years from the date of the crash to file a claim. This is longer than many states, but it’s important to act early to preserve evidence and witness testimony.
If the accident involved a wrongful death, the family typically has two years from the date of death to file a claim.
Crash Reporting Requirements in Nebraska
Nebraska law requires that you report a crash to the police if:
- There is injury or death
- Property damage exceeds $1,000
In addition to contacting law enforcement at the scene, you may also need to file a written accident report with the Nebraska Department of Transportation within 10 days if requested. Not reporting a crash can lead to fines and complications with your insurance.
General Personal Injury Laws in Nebraska
Nebraska law allows injured individuals to seek compensation when another party’s negligence, recklessness, or intentional actions cause harm. Personal injury claims can include:
- Car accidents
- Truck and motorcycle crashes
- Slip and fall injuries
- Workplace accidents
- Medical malpractice
Compensation may include medical bills, lost wages, future earning potential, and non-economic damages like pain and suffering. Nebraska does not place a cap on damages for most injury claims, except in certain cases like medical malpractice.
What Compensation Can Be Recovered After a Car Accident?
If you’re injured in a car accident, you may be able to recover both economic and non-economic damages, including:
- Medical expenses (emergency care, surgery, rehab, etc.)
- Lost income
- Loss of future earning capacity
- Pain and suffering
- Property damage
- Emotional distress
The exact value of your claim depends on the severity of your injuries and the available insurance coverage.
What If the At-Fault Driver Is Uninsured?
If you’re hit by a driver who doesn’t have insurance, your uninsured motorist (UM) coverage will help pay for medical bills and other damages. If the driver has insurance but not enough to cover your full losses, underinsured motorist (UIM) coverage can provide the additional compensation.
Nebraska requires both types of coverage as part of every auto insurance policy issued in the state.
Rights of Passengers in Nebraska
Passengers injured in car accidents can file a claim against the at-fault driver, whether that was the driver of the vehicle they were riding in or another motorist. Passengers are rarely considered at fault, making these claims generally more straightforward. If multiple drivers share fault, a passenger may be able to pursue multiple insurance claims.
When Should You Contact a Lawyer?
After a serious accident, dealing with insurance companies and medical bills can be overwhelming. A personal injury lawyer can help you understand Nebraska law, protect your rights, and negotiate for a fair settlement. If your injuries are severe, or if there’s a dispute over fault, legal guidance can make a big difference in the outcome of your case.