After an accident, you have a lot of your mind. From getting proper medical care, to dealing with insurance companies, along with the added stresses of missing work and being without your vehicle – you have a lot to manage. At the forefront of your mind may also be the important question: Who was at fault?
When you are injured in an auto accident in Nebraska, you have a right to file a personal injury claim if your injuries were caused by another person’s negligence. In car accident cases, negligence equates to driving your vehicle in a manner that causes an accident. When you hire Miller Lathrop to represent you in your personal injury claim, we will help you identify who was at fault.
Factors That Help Determine Liability In Nebraska Car Accidents
There can be many different factors in a car accident case that can contribute to a finding of liability. Some common factors that are reviewed in determining who was at fault, and ultimately who is liable, include:
- Violating Rules of the Road: Established rights of way, speed limits, merging rules, and maintaining control of the vehicle are important rules of the road. Drivers who violate established rules of the road may be found to be negligent in auto accident cases.
- State of the Driver: Driving while intoxicated, driving distracted, or driving in a reckless manner are all indicators that the driver was behaving in a negligent manner.
- Vehicle Defects: Sometimes defective conditions in a vehicle can cause accidents. In these situations, it would need to be determined whether the defect is a manufacturing defect that was not the driver’s fault, or whether the defect was the result of negligent maintenance of the vehicle by its owner.
The above list of factors used to help determine fault is not exhaustive. Many other factors can contribute to a finding of liability, making it important to work with an experienced attorney who can help you navigate the determination of fault in your car accident case.
Partially At Fault & Comparative Negligence
Under Nebraska law, being partially at fault does not mean that you will be unable to 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.
In Nebraska, the threshold is 50%. This means that if you are 50% at fault or more for the accident, then you will be unable to collect from the other party. However, if for example, you are found to be 40% at fault and the other party 60% at fault, you will still be able to pursue your claim against the other driver.
How Is Fault Ultimately Determined?
Fault is determined either through negotiation during settlement discussions, or by a court. Do not let an insurance company determine who is at fault, and Don’t Let The Insurance Company Determine the Value of Your Claim.
Why You Need an Attorney For Your Nebraska Car Accident Case
Determining liability can be a complex legal issue, but also a very important one for the results of your Nebraska personal injury case. Sometimes, an insurance company will wrongfully deny a claim. An attorney will make sure your side of the story is told, and will work to get you the best possible compensation for your injuries.
For tips on dealing with insurance companies and advice on what to do after an accident follow us on Facebook!
Miller Lathrop serves clients throughout Eastern Nebraska and parts of Western Iowa including Douglas County, Sarpy County, Lancaster County, and Pottawattamie County, as well as the cities of Omaha, Lincoln, Bellevue, Papillion, Fremont, Blair, Elkhorn, and Council Bluffs.