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After being injured in a car accident there are many things that need to be handled. You will have a lot on your mind. We’ve put together this list of FAQ’s After A Car Accident as a quick reference so you can focus on recovering from the accident, not on your worries.

What should I do immediately after a car accident?

The Nebraska Department of Vehicles (DMV) shares these general guidelines on what to do in the event of an accident in Nebraska.

In roughly 39% of Nebraska car accidents a person is injured, seriously injured, or killed. If you were injured in a car accident, then we urge you to seek the guidance of a personal injury attorney.

After a car accident how is it determined who is at fault for causing the accident?

There are a number of factors that help determine who is at fault, and ultimately who is liable in a car accident claim.

Common factors that are considered when determining who is at fault include:

  • Violations of the rules of the road, such as:
    • Violating established rights of way
    • Driving above the speed limit
    • Not following merging rules
    • Failure to maintain control of the vehicle
    • A drivers who is found to have violated a Nebraska state law or an established rule of the road may be found at fault for the auto accident.
  • State of the drivers, such as:
    • Driving While Intoxicated (DWI)
    • Driving distracted
    • Driving in a reckless manner
    • The foregoing are indicators that the driver was behaving in a negligent manner and caused the car accident.

Many other factors can contribute to a finding of fault. In cases for personal injury from car accidents, fault is determined through negotiation during the settlement process or by a court through a trial. An experienced personal injury attorney can help you navigate the determination of fault in your car accident case.

What if I am partially to blame for the car accident?

Under Nebraska law, even if you are found to be partially at fault you can still recover for your injuries. Nebraska operates under a type of comparative negligence, which means that up to a certain point, you will still be able to recover even if you contributed to your accident. If you are found to be less than 50% at fault for the accident, then you will still be able to pursue your claim against the other driver.

Can my Nebraska auto insurance company raise my rates after an accident that wasn’t my fault?

In Nebraska, so long as you are not at fault, your insurance company cannot raise your rates and cannot refuse to renew your coverage (based on the accident).

What if the other driver doesn’t have insurance?

In Nebraska, all drivers are supposed to maintain a certain level of auto insurance on their vehicles. Unfortunately not all drivers adhere to this requirement.

Being hit by an uninsured driver will make your car accident case more difficult, but not impossible with the help of an experienced attorney.

If you were injured by a driver who does not have insurance, you will need to file a claim with your own auto insurance company under your uninsured motorist coverage even though you were not at fault. In Nebraska, all auto accident policies are required to have coverage in the event you are injured by an uninsured or underinsured driver.

How Do I Know if I Need A Personal Injury Attorney?

If any accident, automobile or otherwise, results in personal bodily injury or loss of life, then the guidance of a personal injury attorney may prove beneficial. To better understand how a personal injury attorney can help you, read our article Do I Need a Personal Injury Lawyer?

If you were involved in an auto accident in Nebraska that you suspect was caused by the other driver, call our office today (402)558-4900 to schedule a free consultation. Our compassionate staff is available to help answer your questions and begin the process of seeking justice in your car accident case. Read what our clients have to say about us here.


Miller Lathrop was voted Omaha Magazine’s Best of Omaha, as Top 100 Trial Lawyers by The National Trial Lawyers, The Best Lawyers in America, and attorney Matt Miller holds a 10 Superb top attorney Avvo Rating.