Car accidents are unfortunately very common in Lincoln, and many times these accidents could have been prevented if one driver had only lived up to their responsibilities to others on the road. The aftermath can be especially tragic when an accident causes serious injuries—but people who are injured are not irrevocably broken.
Nebraska state law allows those who suffer injuries in car accidents to shift the burden of consequences to the party responsible by means of a personal injury lawsuit. So, if you were injured in a car accident, it may be wise to consult a dedicated Lincoln car accident lawyer as soon as possible. An experienced Berry Law personal injury attorney can provide advice to help you protect your right to recovery, help collect valuable evidence and advocate on your behalf to help you obtain compensation for the effects of the accident.
Steps to Take After a Car Accident
Right after an accident, it is important to obtain a thorough medical exam and the best available medical treatment. This helps with both physical and legal recovery because the exam may provide powerful evidence of a compensable injury.
Vehicle crash victims must report accidents resulting in injury or damage to property worth $1,000 or more to the Nebraska Department of Transportation within 10 days of the incident. People involved in wrecks may file this report online or mail a completed accident form to the Department of Transportation.
It is also wise to begin collecting evidence as soon as possible. For instance, it may be helpful to take photos of the accident scene and vehicles involved, contact potential witnesses, and seek out video footage that may show the accident. A diligent Lincoln car accident attorney can assist with every step of this process.
Recovery Through the Theory of Negligence
In most car accident cases where an injured person receives compensation for harm suffered, his/her recovery is based on the theory of negligence. This comes into play when someone owes a duty of care to another person, fails to fulfill that duty, and directly causes a physical injury as a result.
For instance, drivers on the road owe a duty of care to other drivers to operate in a reasonably safe manner and follow the rules of the road. So, if a driver sends a text message while driving and causes an accident, a civil court may consider that behavior a violation of the duty of care they owe to others.
If a plaintiff or their car accident lawyer in Lincoln can prove the distraction of the cellphone was the primary cause of their accident, they may be able to label the at-fault driver legally negligent and hold them liable for resulting damages. Often, however, a car accident may stem from more than one factor, and the injured driver may also have been negligent and contributed to causing the accident.
Under Nebraska’s modified comparative negligence rule in Nebraska Revised Statutes §25-21,185.09, negligence by a plaintiff would not prevent them from recovering damages unless their percentage of the total fault for the incident is equal to or greater than 50 percent. For any degree of fault lower than this, the modified comparative negligence rule would reduce the plaintiff’s amount of recovery by a percentage proportionate to their amount of fault.
Consult with a Lincoln Car Accident Attorney Today
The general goal of the civil law system is to try to restore injured people to the condition they were in before the negligence occurred. This is not actually possible in most instances, so compensation for intangible effects such as pain may instead be provided in the form of a monetary award.
A Lincoln car accident lawyer can assist you in pursuing compensation to make up for medical costs, lost income, and future needs. Compensation may also be available to cover pain and suffering, emotional anguish, and loss of enjoyment of life. To learn what may be possible in your case, call Berry Law now for a consultation.