Deciding to initiate a lawsuit to receive compensation for your injuries is an intimidating step. It helps to know some of the laws, procedures and regulations surrounding car accidents and how an attorney can help the entire process go smoothly. Below, we’ve outlined the most important rules about car accident lawsuits in Nebraska.
Before reviewing the details of filing your lawsuit, here are some terms you should know.
- Damages. Damages refer to the amount of funds awarded to an injured party to make them whole—they’re a remedy. A judge may award several types of damages, including punitive, compensatory, economic and noneconomic.
- Punitive damages. These damages are awarded as a way to punish the negligent party if they acted in a highly negligent or wanton manner. These are rarely awarded in minor car accident lawsuits but may be awarded in accidents involving a drunk driver, for example.
- Compensatory damages. These are funds awarded to compensate the plaintiff for their injuries and are split into two categories: economic and noneconomic. Economic damages are quantifiable and easily calculated such as property damage or medical bills. Noneconomic damages are harder to valuate, including pain and suffering or emotional distress.
Nebraska Statute of Limitations for Car Accident Cases
A statute of limitations is the time an injured person has to file a lawsuit, which usually begins when they first get injured or when they discover their injury. Under Nebraska law, if you’ve been injured in a car accident, you have four years from the date of the accident to file a lawsuit. When the driver in a car accident dies from their injuries, their representative must file a wrongful death claim within two years for it to be valid. If you miss this date, your claim could be thrown out entirely.
In some situations, a statute of limitations may be extended—or shortened. If the person injured in the accident is under age 21, the statute of limitations does not begin to run until they turn 21.
Nebraska Laws for Car Drivers
Nebraska has several laws for drivers that are necessary to know if you choose to drive. They’re even more important if you’re initiating a lawsuit—if you broke a law while hit by another driver, you could lose out on any potential compensation. Here are the most pertinent.
- Drivers must report certain accidents. Drivers are only required to report an accident if one of two incidents occur: someone involved in the crash is injured or dies, or $1,500 or more in property damage is done. Note that if you hit private property—including someone’s vehicle—you must notify law enforcement.
- Drivers must carry insurance. All car operators in the state are required to carry a minimum amount of coverage. This includes $25,000 in coverage for bodily injuries/death to one person or $50,000 total and $25,000 in coverage for property damage. Drivers must carry uninsured motorist coverage for bodily injuries of at least $25,000 to a person, totaling $50,000, and carry underinsured motorist coverage.
- Drivers cannot text while operating a vehicle. Car operators are prohibited from sending or reading text messages while driving their vehicles, including when stationary due to a stop light or other delay.
- Drivers cannot execute U-turns on freeways. Under Nebraska’s revised statutes, drivers are prohibited from making a U-turn (turning sharply in the opposite direction) on a freeway or where signs indicate U-turns are prohibited.
Identifying Fault for Car Accidents in Nebraska
Nebraska is an at-fault state when it comes to motor vehicle accidents. This means that to make a claim through the other driver’s insurance policy, they must carry some responsibility for causing the accident—or be at fault. This is usually determined by reviewing police reports, eyewitness testimony and other forms of evidence.
If you choose to pursue a lawsuit to receive additional compensation for your injuries, you’ll need to show that the other party was negligent in their actions, which involves them being a proximate cause of the accident. Negligence is simply failing to behave in a reasonable manner given the duty of care you owe to other people. In the context of car accidents, that means driving responsibly and with care for fellow travelers.
Identifying fault is also crucial when a court awards damages to compensate a plaintiff. Nebraska uses a modified comparative negligence rule that outlines how much someone can be awarded damages if they carry any fault for the accident—and when they can’t claim at all. Drivers seeking damages must have less fault than whoever they are suing, otherwise they can’t recover. Additionally, any amounts awarded are reduced by their fault for the crash. So, if the plaintiff experienced $100,000 in damages but was 10% responsible for the accident, they would receive $90,000 in damages.