Car accidents can be terrifying. You may take steps to avoid an accident, but you can’t control other motorists. Severe injuries are common in car accidents at high speeds. Even a minor fender bender can lead to a serious injury.
People who suffer these losses may have the ability to demand compensation. However, a successful claim requires detailed knowledge of the law and the ability to negotiate effectively with insurance companies. This can seem like an overwhelming task – especially without the assistance of a skilled personal injury attorney. Berry Law’s team can work to investigate the cause of the crash and present evidence of the fact that the defendant driver was responsible for the collision.
What Is the Value of a Car Crash Claim?
Car crashes can inflict catastrophic and even life-threatening injuries to all parties involved. Fortunately, a claim can seek compensation for all medical treatment resulting from the collision as well as any intangible losses such as:
- Pain and suffering
- Emotional anguish
- Diminished earning capacity
A Papillion car wreck lawyer can help measure a person’s losses and file an injury claim for the full value of their case. Our lawyers can also help meet the filing deadlines imposed by the State’s statute of limitations. According to Neb. Rev. Stat. §25-207, you have four years from the date of a car accident to file for compensation.
Is Nebraska a No-Fault Accident State?
No, Nebraska follows a comparative fault system for automobile accidents. This implies that even if you contributed to the accident, you are still entitled to compensation.
Courts in Papillion, Nebraska, use the concept of modified comparative negligence to evaluate the liability of all parties involved in a car accident. According to Nebraska Revised Statute §25-21,185.09, a court must reduce a plaintiff’s compensatory award if it is found that they share blame for the collision. The courts will reduce your compensation if you are partially at fault for the crash.
For example, if you were found to be 20% at fault for the accident, the courts would take 20% away from the payment. This means you would receive 80% of the total compensation. Additionally, if the claimant’s percentage of liability rises to 50% or more, they would be barred from recovering any damages. A Papillion auto accident lawyer can help demonstrate that a defendant was the only liable party for a crash to obtain maximum compensation on the plaintiff’s behalf.
Is Vehicle Insurance Required in Nebraska?
Yes, all drivers must have liability coverage on their vehicles. Bodily injury liability coverage of $25,000 per person, $50,000 per incident, and property damage liability coverage of $25,000 per incident are the bare minimums that must be carried.
Every driver is required to have insurance in Nebraska. If you are found financially liable for an accident but don’t have the resources to compensate the victims, you will not be liable under tort law. Some states mandate auto insurance while others don’t, but all of them mandate drivers have personal liability coverage.
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What If the Insurance Settlement Offer Isn’t Enough?
You don’t have to agree to a settlement offer. You may take legal action if you think the amount is inadequate to compensate you for your losses. In addition, legal representation will allow you to submit your case to the court formally.
Even for seemingly minor vehicle accidents, legal proceedings may be time-consuming and confusing; you should talk to an attorney before proceeding. The insurance company should cover any costs you incurred as a consequence of the accident, such as maintenance or medical care.
It makes sense to go to court if the settlement offer doesn’t cover your losses and you have evidence showing you weren’t at fault.
Who Decides If You Are Entitled to Damages in a Car Accident?
The laws about car accidents in Nebraska are based on the idea of “tort responsibility.” The idea is that drivers should pay for the damage they cause. Under the doctrine of comparative fault, each driver may be partly to blame. You could sue the other driver for damages if they were more at fault than you were. Who decides what the rate is? The police will look into it, but their report won’t be the last word.
The insurance companies may figure out who is at fault. This is also not the last word. If you don’t like the settlement offer from the insurance company, you can file a lawsuit and let a judge or jury decide who is at fault and how much you should get.
Do You Need to Report a Car Accident to the Police in Nebraska?
In Nebraska, you must call the police if someone is hurt or killed or if the damage exceeds $1,000. You must report the case to the police, no matter how small it seems or whether or not anyone was hurt. Since it’s impossible to imagine a car repair costing less than $1,000, it’s best to call the police.
Calling the police is also a good idea so that you have proof. When the police arrive, an investigation will determine what caused the crash. Some car accidents are easy to figure out, while others are harder.
If your accident was small, don’t expect a full investigation. Most of the time, the police won’t be able to say who was at fault or how much. They could use anything that helps explain why they concluded.
Car Accidents in Papillion We Represent
Car accidents in Papillion are often the result of someone’s negligence. Insurance companies and courts must assign blame for a crash. To determine whether one driver was violating a traffic law at the time of the accident, our car wreck lawyers include:
- Failing to yield
- Running a red light
- Driving under the influence of drugs or alcohol
If a court issues a citation for a traffic violation, it can be used as evidence of that driver’s fault for a collision. Accidents may also be the result of other types of distracted driving.
A Papillion Car Accident Attorney Can Help
While it is true that a defendant who causes a car accident is liable to provide compensation to injured parties, it falls on you and your attorney to demonstrate their negligence. At the same time, the defendant and their insurance company will be working to deny liability or shift blame onto you, which can result in a reduced award or no compensation.
A Papillion car accident lawyer can explain your rights under the law, gather evidence of the defendant driver’s fault, and measure your losses to make fair demands. Contact Berry Law today to see how we can help you with your injury claim.