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How Is Liability Determined in a Car Accident Case?

Published on Apr 24, 2018 at 2:15 pm in Legal Information.

Car accidents can occur whenever a driver acts negligently. Accidents can cause bodily injuries and property damage. The stress of handling a car accident claim can be overwhelming for many people because they want the matter to be settled and they’re not experts on the law. But settling early for convenience could mean they’re not getting full compensation for their medical expenses, lost wages, and pain and suffering.

If you’ve been injured in a car accident, you deserve to have legal representation who will fight to get you everything you’re owed. An Omaha car accident injury lawyer from Welsh & Welsh can help you with your claim and will do everything they can to get you a favorable settlement so you can focus fully on your recovery.

Liability in Nebraska

When you’re in a car accident, you have to find out who was responsible for the accident before proceeding with settlements. Proving negligence can be difficult, especially if the negligent party isn’t taking responsibility for their actions. An experienced lawyer will have the resources to prove negligence and how it affected you. They can look at all of the evidence from the car accident and piece together the events.

You can help your claim by gathering evidence from the crash:

  • Documenting the accident scene and your car could help prove that you weren’t at fault.
  • If anyone saw the accident, their third-party perspective could help your claim. Get their name and contact information if they’re willing to make a statement.

While some states have no-fault insurance, Nebraska does not require drivers to carry no-fault insurance. When it’s determined who was at fault, that person is financially responsible for the victim’s medical expenses.

In Nebraska, drivers need to have Minimum Liability Coverage auto insurance. The amounts are $25,000 for bodily injury for one person, $50,000 for all bodily injures, and $25,000 for property damage. People in Nebraska also need to carry uninsured and underinsured motorist coverage of $25,000 per person and $50,000 per accident.

Types of Car Accidents

While proving fault can sometimes be tricky, there are a few situations where fault is usually straightforward. They’re also types of car accidents that occur on a regular basis.

  • Left-Turn Collisions. When people are making left-hand turns, they may not wait to check that there isn’t any oncoming traffic. Some drivers may misjudge how much time they have to make the turn before the other car will be there. Running red lights and trying to beat oncoming traffic are other errors that can easily cause mistakes that could have been avoided if the driver hadn’t been negligent.
  • Rear-End Collisions. Many drivers can drive dangerously—meaning they’re either speeding, tailgating, or not paying complete attention to the road. Phones, food, and the radio are common distractions. Driving too quickly or not paying attention reduces the driver’s control of the vehicle and reaction time in case they need to brake, and can lead to colliding with the car in front of them.
  • DUI/DWI Crashes. Driving under the influence or driving while intoxicated is one of the most severe forms of driving negligence. The driver is in no shape to be operating a motor vehicle and they’re endangering their lives and everyone else on the road. Alcohol and drugs impair a person’s ability to remain in control of a car, stay awake, and analyze situations. The split-second decision to drive under the influence could have terrible life-long consequences that would have never occurred if the driver had not acted negligently.

In some cases, the negligence may not be immediately apparent. After a car accident, make sure you don’t apologize whether it’s in an official statement or you’re speaking with the other party. Saying you’re sorry can be seen as you admitting fault for the accident. This can be used against you later when you’re filing your claim and could lead to you getting a less than favorable settlement.