Pedestrian accidents can result in life-altering injuries and financial challenges. When a pedestrian is hit by a car, they may face physical pain, emotional trauma, and mounting medical bills. In Nebraska, there are legal avenues for pedestrians to seek compensation for their losses, including medical expenses, lost wages, and more. Here’s what you need to know about your options and how a personal injury lawyer can help.
Determining Fault in Nebraska Pedestrian Accidents
Nebraska’s comparative negligence laws allow injured pedestrians to pursue compensation even if they are partially responsible for the accident. Under this rule, a pedestrian may recover damages if they are less than 50% at fault. However, their compensation will be reduced based on their degree of fault. For instance, if a pedestrian is 20% at fault, their recovery amount may be reduced by 20%.
Filing a Personal Injury Claim After a Pedestrian Accident
Pedestrians struck by vehicles have the right to file a personal injury claim to seek financial relief. Such claims can cover various losses, including:
- Medical Expenses: This includes emergency care, surgeries, physical therapy, and ongoing treatments.
- Lost Income: Compensation for the income lost during the recovery period, as well as diminished earning capacity if the injury impacts long-term work ability.
- Pain and Suffering: Non-economic damages are available for physical pain, emotional trauma, and changes to quality of life.
- Permanent Disability or Disfigurement: If the accident results in a lasting disability, victims may pursue compensation for lifelong impacts.
An experienced Nebraska personal injury lawyer will gather the necessary evidence to support your claim, including police reports, medical records, and witness statements, and work to achieve the maximum compensation.
What to Do After Being Hit by a Car
If you’re involved in a pedestrian accident, taking immediate action can protect your rights and strengthen your claim:
- Call Emergency Services: Contact 911 for medical assistance and file a police report.
- Seek Medical Attention: Even if you don’t feel injured, get a medical evaluation to identify any hidden injuries.
- Document the Scene: If you’re able, take photos of the accident scene, vehicle, and any visible injuries.
- Collect Witness Information: If there are witnesses, get their contact details, as their statements may support your case.
- Contact a Personal Injury Lawyer: Consulting an attorney early on can ensure you take the correct steps for legal action.
Berry Law’s Team Provides You With Multiple Attorney Perspectives
Common Defenses in Pedestrian Accident Cases
Insurance companies often employ defenses to limit liability, especially in pedestrian accidents. Here are common strategies they might use:
- Comparative Negligence: Insurers may argue that the pedestrian was partially at fault (e.g., jaywalking, distracted walking) to reduce compensation.
- Minimizing Injury Severity: The defense might claim that injuries are not as serious as stated, especially if immediate medical care wasn’t sought.
- Questioning Liability: The insurer might argue that another party contributed to the accident, diverting responsibility.
A skilled Nebraska pedestrian accident lawyer can counter these defenses, advocating for fair compensation based on the unique details of your case.
Understanding Compensation for Pedestrian Accidents
Victims of pedestrian accidents in Nebraska may be eligible for several forms of compensation:
- Economic Damages: These cover tangible losses like medical bills, rehabilitation costs, and lost income.
- Non-Economic Damages: Pain and suffering, emotional distress, and loss of quality of life fall into this category.
- Punitive Damages: Although rare, punitive damages may be awarded in cases of extreme negligence or intentional harm by the driver.
Your personal injury lawyer can review your situation and help you understand the full range of compensation available based on your injuries and circumstances.
How a Nebraska Pedestrian Accident Lawyer Can Help
Navigating a pedestrian accident case can be complex. A Nebraska pedestrian accident lawyer will handle all legal aspects, from gathering evidence to negotiating with insurers. Here’s how they can support you:
- Initial Consultation: Your attorney will review the accident details, evaluate liability, and explain your options.
- Case Strategy and Evidence Collection: Lawyers build personalized defense strategies based on police reports, eyewitness testimonies, and expert insights.
- Representation in Negotiations and Court: Whether negotiating a settlement or representing you in court, a lawyer will work tirelessly to protect your rights and pursue fair compensation.
FAQs About Pedestrian Accident Claims
- Can I file a claim if I was partially at fault?
Yes. Nebraska’s comparative negligence law allows recovery if you’re less than 50% at fault. - What if I can’t afford a lawyer?
Most personal injury lawyers work on a contingency fee basis, meaning they only get paid if you win your case. - What is the statute of limitations for filing a claim?
In Nebraska, you typically have four years from the accident date to file a personal injury claim, though there are exceptions.
Contact Berry Law to Discuss Your Pedestrian Accident Claim
If you or a loved one has been injured in a pedestrian accident, the team at Berry Law is here to help. With decades of experience, our Nebraska personal injury lawyers can guide you through the legal process and work to secure the compensation you deserve. Contact us today for a consultation and take the first step toward recovery.
