Lawsuit Info Center / Car Accident Settlement Guide / Nebraska Car Accident Settlement
Nebraska Car Accident Settlement
Nebraska Auto Accident Settlements
In Nebraska, victims of car accidents caused by someone else may seek compensation for their injuries. Therefore, knowing your legal rights and options in such a situation is essential.
From Omaha to North Platte, there are countless miles of roads to explore and drive in Nebraska. You can drive the Cornhusker State from the Great Plains, to the banks of the Missouri River and into downtown Lincoln. Roads in Nebraska are used by the state’s 1.3 million drivers, with an average of 10,000 miles driven. Whether you have a head on collision with a semi truck in Kearney or a fender bender in Grand Island, you will want to know the rules of the road and insurance laws for Nebraska.
- How Much Is Your Car Accident Settlement Worth?
Find out the maximum compensation you could receive.
- How Much Is My Car Accident Settlement Worth?
Car Accident Settlement Process in Nebraska
If you’ve been involved in a car accident, you may wonder what Nebraska’s claims settlement process is like. The good news is that the process is relatively straightforward.
However, it’s essential to understand your rights and options to get the compensation you deserve.
The first step in the car accident settlement process is to file a claim with the other driver’s insurance company. You can do this by contacting the insurance company or filing a claim online. Once you’ve filed an insurance claim, the insurance company will investigate the accident and determine who is at fault.
If the other driver is found to be at fault, their insurance company will be responsible for paying for your damages. This includes your medical expenses, lost wages, and pain and suffering. However, suppose the other driver is not insured, or their insurance limits are too low. In that case, you may be able to file a lawsuit against them to recover your damages.
It’s important to note that the claims settlement process can take some time. This is because the insurance company must investigate the accident and gather evidence. Additionally, the insurance company may try to negotiate a lower settlement than you are entitled to. Therefore, it would be best to consider speaking with an experienced car accident lawyer as soon as possible. A lawyer can help you understand your rights and options and can negotiate with the insurance company on your behalf.
Here are some tips for getting the best possible settlement in your car accident case:
- Be sure to get medical attention immediately, even if you think you are not injured.
- Do not give a recorded statement to the other driver’s insurance company.
- Take photos of the damage to your vehicle and any injuries you sustained.
- Record all expenses related to your accident, including medical bills, lost wages, and property damage.
- Contact an experienced personal injury lawyer as soon as possible.
What is the Average Settlement for a Nebraska Car Accident Settlement?
According to a study by the Nebraska Department of Transportation, the average settlement for car accident cases in Nebraska is $25,000. However, this number can vary widely depending on the factors mentioned above. For example, a case involving severe injuries or wrongful death may result in a settlement of several million dollars. In comparison, a case involving minor injuries may result in a settlement of just a few thousand dollars.
It is important to note that the average settlement is an average. The amount of money you are entitled to in a car accident case will depend on the specific facts of your case.
Here are some factors that can affect the amount of your Nebraska car accident settlement:
- The severity of your injuries: The more serious your injuries, the more likely you are to receive a higher settlement.
- The extent of your medical expenses: The amount of money you have spent on medical treatment will be a significant factor in determining the amount of your settlement.
- Your lost wages: If you have been unable to work due to your injuries, you may be able to recover damages for lost wages.
- Your pain and suffering: This type of damage is intended to compensate you for the physical and emotional pain and suffering you have experienced due to your injuries.
- The other driver’s insurance coverage: The amount of insurance coverage that the other driver has will be a significant factor in determining the amount of your settlement.
How Much Compensation Can I Get?
We cannot say the exact amount you can get in a car accident settlement, but we know that you may recover some of these types of damages:
- Medical expenses: This includes the cost of any medical treatment you have received due to your injuries, such as hospital bills, doctor’s fees, and prescription drugs.
- Lost wages: If you have been unable to work due to your injuries, you may be able to claim lost wages. This includes the amount of money you would have earned if you had not been injured.
- Pain and suffering: This is a type of damage intended to compensate you for the physical and emotional pain and suffering you have experienced as a result of your injuries.
- Property damage: If your vehicle was damaged in the accident, you may be able to claim damages for repairing or replacing your car.
Nebraska Car Accident Settlement Taxes
Generally, car accident settlements in Nebraska are not taxable at the state or federal level. It does not matter if you settled your legal case before or after the lawsuit was filed. The IRS notes that damages received as a result of a physical injury are not taxable as income at the state or federal level.
But as with most things regarding taxes, there are exceptions. First, if you took a medical expense deduction in a previous tax year for your medical costs, this will be taxed as income when you get your settlement.
Second, if you receive pain and suffering compensation for mental anguish only, this will be taxed as income. Your injury must be something physical for it to not be taxed.
If you get money for punitive damages, this will be taxed by the state and federal governments. The reason is that it is intended to only punish the defendant and is not intended for compensation for any injury that you suffered. Also, lost wages compensation is taxable as income.
It is important to talk to a tax advisor if you have any questions about your personal injury tax situation. These cases are complicated, and you do not want to make any tax mistakes.
Nebraska Car Accident Statistics
Nebraska is a relatively safe state to drive in. However, there are still a significant number of car accidents that occur each year. In 2020, there were over 36,000 car accidents in Nebraska, resulting in over 1,000 injuries and 200 deaths.
- The most common causes of car accidents in Nebraska are:
- Distracted driving
- Drunk driving accidents
- Failure to yield
- Following too closely
The most dangerous time to drive in Nebraska is between 6 pm and 12 am, when most accidents occur. The most dangerous roads in Nebraska are Interstate 80, U.S. Highway 30, and U.S. Highway 275.
The Nebraska Department of Roads estimated that 192 people were killed in fatal auto accidents in 2016. The top cause of these accidents was failure to stay in the proper lane. Also, failure to yield right of way was a frequent killer in Nebraska in 2016.
One of the biggest problems for driving in Nebraska is distracted driving. It is estimated that distracted driving causes 10% of the traffic accidents in the state each year. Over the last three years, distracted driving has led to a 20% increase in accidents. Nebraska reported 4402 distracted driving crashes in 2015 and 12 of them resulted in fatalities. In the state in 2015, 160 of the crashes involved cell phones, and 43 of them were teen drivers. Over the last decade, drivers in the state from 15-19 have been involved in an average of 43 distracted driving crashes per year.
The City of Omaha is the largest city in Nebraska, and it has a relatively high number of crashes. In the last five years, there have been 11,000 crashes per year, and 1/3 of these were fatalities or serious injury crashes.
One of the most dangerous stretches of road in Nebraska is Highway 2 near the small town of Ansley. The country road runs parallel to train tracks but several multi car accidents have happened there in recent years. It is common for drivers to drift into the oncoming lane and have a head on crash. Rumble strips have been installed in the center of the road to keep people in their lane.
A major Nebraska car accident settlement was reached in March 2017 when state officials agreed to pay a $2.1 million wrongful death settlement for a fatal Stanton County crash that happened after removed a stop sign from a busy highway intersection. The settlement was reached between the office of the Attorney General and personal injury attorneys for those who were killed in the crash between a car and two tractor trailers at the intersection of Highway 15 and 32 near Pilger. The terrible car accident happened in May 2014 when a tractor trailer slammed into a Ford Escape, and that crash caused another crash with another big rig. Killed in the crash were a woman, her husband and the driver of the second truck.
Nebraska Car Accident Laws
Nebraska is a modified comparative negligence state. This means that if you are injured in a car accident, the amount of compensation you can receive is based upon your percentage of fault for the accident. For example, if you are found 10% at fault for the accident, your potential compensation for your injuries and property damage would be reduced by 10%. Also, if you are found to be 50% at fault for the accident, you may be barred from making any financial recovery.
If you are in an accident in this state, it is very important that you collect as much evidence from the accident scene to establish fault. It is especially important to have a copy of the Nebraska police report if the police find the other driver is at fault.
Here are some key things to know:
- Nebraska is an at-fault state- the at-fault driver is the driver legally responsible for causing an accident. If you are found to be at fault for a car accident, you may be held liable for the damages suffered by the other driver and any passengers in their car. This includes medical expenses, lost wages, and pain and suffering.
- Nebraska is a “modified comparative negligence” state. This means that if you are found to be partially at fault for an accident, you may still be able to recover damages. Still, your award will be reduced by your percentage of fault. For example, if you are found to be 20% at fault for an accident, and your damages are $100,000, you can only recover $80,000.
There is also a texting & driving ban for all drivers in Nebraska. There also is a ban on cell phone use for all novice drivers. The laws are written as secondary enforcement statutes, meaning that you only can be cited for texting and driving if you have been charged with another offense.
However, a violation of the texting law can net you a $200 fine, and $300 for a second offense. The good news is that national data suggests that drivers are responsive to texting and driving bans, with laws against the practice reducing the problem by up to 60%. Nebraska has spent extensive taxpayer resources to use social media such as Facebook and Twitter to encourage drivers to not text and drive.
Also, it is important to know that punitive damages are unconstitutional in Nebraska. If you are in a serious car accident and suffer serious injuries, it is illegal for a jury or judge to impose punitive damages designed to punish the negligent party for excessively reckless driving behavior. Punitive damages in some states may be imposed by a jury that wants to ‘send a message,’ such as in a DUI case where the guilty party was extremely intoxicated.
Mandatory Auto Insurance Requirements in Nebraska
All drivers in Nebraska are required to have car insurance. The minimum requirements are:
$25,000 per person for bodily injury
- $50,000 per accident for bodily injury
- $25,000 per accident for property damage
However, it is essential to note that you may need more than these minimum limits to cover your expenses if you are involved in a serious accident. It is a good idea to purchase higher insurance limits, especially if you have a family.
If you cannot settle with the other driver’s insurance company, you may need to file a lawsuit. It is vital to consider the statute of limitations for the state you are in while settling your car accident claim so you do not lose your right to present your case before a judge and jury.
Nebraska Statute of Limitations
The statute of limitations for a car accident case in Nebraska is four years. This means you have four years from the accident date to file a car accident lawsuit. You may be barred from recovering damages if you do not file a lawsuit within four years.
There are a few exceptions to the statute of limitations. For example, if you are a minor, the statute of limitations begins to run once you reach the age of majority. Additionally, if the other driver was intoxicated at the time of the accident, the statute of limitations is extended to two years.
How to Find a Good Personal Injury Lawyer
When looking for a personal injury lawyer, it is important to find one with experience handling car accident cases in Nebraska. You can ask friends and family for recommendations or search online for personal injury lawyers in your area. You can interview several lawyers before deciding because you want a lawyer who would fight for you to get the best compensation possible.
Questions to Ask a Personal Injury Lawyer
When you are interviewing a prospective car accident lawyer, be sure to ask the following questions:
- How long have you been practicing law?
- What experience do you have handling car accident cases?
- What is your success rate in car accident cases?
- What is your fee structure?
- Will you represent me on a contingency basis?
- What is the process for filing a car accident claim?
- What can I expect during the settlement process?
- How long will it take to get my case resolved?
Nebraska Car Accident Settlement Calculator:
Have you been involved in a motor vehicle accident or otherwise injured in Nebraska? Find out how much financial compensation you may be legally entitled to in just minutes with our free Car Accident Settlement Calculator.
Get Help For Your Car Accident Case
Car accidents are an unfortunate reality of life. However, there are steps that victims can take to begin the healing process:
- Seek medical attention for any injuries.
- Look out for yourself physically and emotionally.
- Ensure that you pursue your car accident claim legally and within the statute of limitations.
- Remember to document every piece of information and expense.
It is essential to take care of yourself both physically and emotionally.
Car accidents can be traumatic, so you need to find efficient ways to cope with the stress and anxiety.
Nebraska Car Accident Resources
If you are in a car accident in this state, it is important to have resources available so that you know what to do. Below are some helpful resources if you are in a Nebraska car accident:
- Nebraska Department of Insurance
- Nebraska Department of Motor Vehicles
- If you are in an accident that has more than $1000 in damages, or someone is injured or killed, you must file a Driver’s Motor Vehicle Accident Report within 10 days of the accident. This is not necessary if the accident was investigated by law enforcement.
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