Being involved in a car accident caused by someone else is already difficult, but it becomes even more challenging when the responsible driver flees the scene. If your vehicle was hit by another driver who failed to stop and acknowledge their role in the accident, it’s considered a hit-and-run accident.
At Berry Law, our relentless Omaha hit-and-run accident lawyers are here to assist you. Our main goal is to help you understand your legal rights, build a case, and achieve goals like obtaining compensation for medical costs and other damages such as lost wages.
What is a Hit-and-Run Accident?
Even though it’s expected that everyone stays at the scene and gets help, some people might panic, especially if they’re under the influence of alcohol or drugs, driving recklessly, or afraid of the consequences.
In Nebraska, failing to exchange information or get help after a car accident is considered a hit-and-run. Hit-and-runs happen when a driver doesn’t stop after colliding with a person, vehicle, or object.
Why Choose Our Omaha Hit-and-Run Accident Lawyers?
Dealing with the legal aspects of an injury can be complex. At Berry Law, we’re here to help you through the process and provide clarity on what to expect.
Protecting Your Legal Rights
The aftermath of a hit-and-run can be overwhelming, especially if you’re dealing with injuries. Our Omaha hit-and-run accident lawyers are here to provide legal representation and make things less confusing. We’ll be your guide, walking you through legal steps as well as making sure you know your rights.
Building a Strong Case
When you work with our law firm, you’ll have access to a lawyer who will do an investigation, gather evidence, and build a strong case to support your personal injury claim. Whether it’s witness accounts or documentation, we’ve got you covered. We’ll also help you prepare for any legal proceedings, if necessary.
Negotiate a Settlement
Our Omaha hit-and-run accident lawyers can negotiate with the insurance company, or the negligent driver involved. Let us handle the back-and-forth while you focus on moving forward.
Omaha Hit-and-Run Compensation
Omaha hit-and-run financial compensation options include:
- Uninsured/Underinsured Motorist (UM/UIM) Coverage:
Nebraska requires all drivers to carry UM/UIM coverage. This is your primary source of compensation if the hit-and-run driver remains unidentified or has inadequate insurance.
- Medical Payments Coverage:
This coverage helps cover immediate medical expenses after an accident Having this type of coverage can provide additional financial cushioning for initial medical bills.
Types of Compensable Damages in Nebraska
The types of damages you may be entitled to include:
Economic Damages:
- Medical expenses: Past, present, and future medical bills related to the hit-and-run accident.
- Lost wages: Compensation for income lost due to missed work or reduced earning capacity.
- Vehicle damage: Repairs or replacement of your damaged vehicle.
Non-Economic Damages:
- Pain and suffering: Compensation for physical and emotional pain caused by the accident.
- Loss of consortium: Compensation for the loss of intimacy and companionship with your spouse or partner.
Berry Law’s Team Provides You With Multiple Attorney Perspectives
Responsibilities of a Driver in the Event of a Car Accident
When you’re involved in a car accident in Omaha, it’s crucial to remember that driving away from the scene is not only against the law but can lead to a serious investigation by law enforcement. According to Nebraska Revised Statute 60-697, there are specific responsibilities for drivers involved in accidents:
- The driver of a vehicle involved in an accident on any type of roadway that causes injury or death to someone is required to promptly stop their vehicle at the scene of the accident.
- Drivers involved in an accident need to give their name, address, license number, and driver’s license to the other party.
- All parties involved in a car accident should assist injured individuals by contacting emergency medical help if necessary or requested.
Who is at Fault in Hit-and-Run Accidents in Omaha, Nebraska?
In hit-and-run accidents in Omaha, Nebraska, determining fault isn’t always straightforward. While the fleeing driver is committing a separate crime by leaving the scene, assigning fault for the accident itself requires investigating the circumstances. Here’s a breakdown of the situation:
Criminal Fault:
The fleeing driver is clearly at fault for the hit-and-run itself. Leaving the scene of an accident, regardless of who caused it, is a crime in Nebraska and carries potential penalties like fines, jail time, and driver’s license suspension.
Civil Fault for the Accident:
Determining who caused the accident requires a thorough investigation, often involving police reports, witness statements, and possibly accident reconstruction experts. Depending on the evidence, both the fleeing driver and the other party involved may share or solely bear the responsibility for the accident.
Even if the injured party was not at fault, pursuing compensation can be challenging. Without identifying the hit-and-run driver, their insurance information may be unavailable. However, some injured parties may have uninsured/underinsured motorist coverage in their automobile policies, offering options for recovering damages.
Common Types of Hit-and-Run Injuries in Omaha
Hit-and-run injuries can vary in nature and severity, depending on factors such as the speed of the collision, the type of vehicles involved, and the specific circumstances of the incident. Some typical types of injuries resulting from hit-and-run accidents include:
Soft Tissue Injuries:
Whiplash: Sudden acceleration or deceleration in a collision can cause the neck to jerk violently, leading to soft tissue injuries.
Contusions and Bruises: Impact with the vehicle or surrounding objects can cause contusions and bruises on various parts of the body.
Head and Brain Injuries:
Concussions: A sudden blow to the head can cause a concussion, resulting in temporary loss of consciousness and cognitive impairment.
Traumatic Brain Injuries (TBIs): More severe collisions may lead to TBIs, affecting the brain’s function and potentially causing long-term complications.
Fractures and Broken Bones:
Broken Limbs: Impact with the vehicle or the ground can lead to fractures in arms, legs, or other extremities.
Rib Fractures: The chest area is susceptible to fractures, especially in high-impact collisions.
Internal Injuries:
Organ Damage: The force of impact can cause damage to internal organs, leading to potentially life-threatening injuries.
Internal Bleeding: Blunt trauma may result in internal bleeding, which may not be immediately apparent but can be serious.
Back and Spinal Cord Injuries:
Herniated Discs: The spine may suffer damage, causing the discs between vertebrae to rupture or slip.
Spinal Cord Injuries: Severe collisions can lead to spinal cord damage, potentially causing paralysis or long-term neurological issues.
Fatal Injuries:
In tragic cases, hit-and-run accidents can result in fatalities, leaving families devastated and communities affected.
What to Do After a Hit-and-Run Accident in Omaha
When it comes to a hit-and-run accident in Omaha, it’s a good idea to do the following:
- Get additional details from eyewitnesses and collect their contact information for future reference.
- Cooperate with law enforcement by providing your driver’s license, registration, insurance details, and contact number. Assist in identifying other involved individuals, particularly in cases with injuries or fatalities.
- If physically able, document the scene and any damaged property with photographs. Obtain a copy of the accident report. Keep all relevant documentation and photos secure for future use.
File a claim with your automobile insurance carrier to ensure a prompt and thorough response to the incident.
How Long Do You Have to File a Hit-and-Run Car Accident Claim?
In Nebraska, the time limit to file a claim after a hit-and-run car accident depends on the type of claim you pursue and the facts of your case. The deadline, known as the statute of limitations, in Nebraska is generally four years. However, exceptions to this deadline may apply which could alter the deadline. It’s critical to contact an experienced personal injury attorney to ensure you don’t miss the deadline applicable to your specific case.
Contact an Omaha Hit-and-Run Accident Attorney Today
If you’ve been involved in a hit-and-run in Omaha, it’s crucial to have a skilled Omaha personal injury attorney by your side. At Berry Law, our experienced legal team is dedicated to advocating for you and ensuring you receive the compensation you rightfully deserve.
Contact us today for a consultation and take the first steps you need to move forward. Your peace of mind is our priority, and we’re committed to fighting for your rights at every step of the legal journey.
Berry Law – Omaha Office
Address:1414 Harney St, Suite 400,
Omaha, NE 68102
Phone: 402-466-8444