How does Nebraska’s negligence law affect who will pay for accident damage?

Omaha, NE – All states have negligence laws that determine how each person involved in an accident will share financial responsibility. Normally, the driver who was at fault will be totally financially responsible for an accident, and they will have to pay for the victim’s losses. However, there are situations where multiple drivers may be involved or fault may need to be divided several ways. Nebraska’s negligence laws account for these possibilities and divide damages accordingly. In any accident, some or all of the damages may be covered by an insurance policy depending on the coverage of the people involved.  

When is a person considered negligent?

Anyone who breaches the standard duty of care that is relevant to a situation and causes harm to others is considered negligent as a matter of law. For drivers, this normally includes things like speeding, illegal lane changes, or intoxicated driving. The final element of any negligence case is the amount of damages sustained by the victim. This means that the defendant will normally have to pay for some or all of these damages. However, the division of damages becomes more complex when considering Nebraska’s comparative negligence laws.

What is Nebraska’s definition of comparative negligence?

The state uses a modified form of comparative negligence where an accident victim who is partially at fault can recover from the defendant, but their damages will be reduced according to their level of fault. If the plaintiff’s level of fault is equal to or greater than the defendant’s, then they cannot collect any compensation at all. In practice this allows many accident victims to collect money after an accident, but those who were mostly at fault for their own injuries cannot collect damages from others.

What amount of damages will be available to the victim?

The total amount can be calculated by taking the jury’s award and reducing it according to the level of fault they attributed to the plaintiff. This doctrine of comparative negligence may also be considered in a similar manner during settlement negotiations. 

Damages in personal injury cases are normally a summary of several different losses. This will include the victim’s costs for medical treatment and hospitalization, lost income and wages, along with non-economic losses for pain and suffering. Because each accident is different and comparative fault needs to be factored into damages, it is best for anyone who is seeking compensation to talk with a lawyer to get a more specific estimate and advice. 

Finding a lawyer for immediate help 

USAttorneys.com is a directory of lawyers organized by state and practice area. Anyone who needs help after an accident in Nebraska can browse the listings to find the right local attorney.