Determining fault after a car accident isn’t always straightforward. Often, more than one driver shares the blame. If you were partially at fault for a collision in Nebraska, you might wonder whether you can still recover compensation. The answer is often yes, but it depends on how much of the fault is assigned to you.
Nebraska follows a legal standard known as modified comparative negligence. This rule doesn’t automatically disqualify drivers who are assigned some blame for a crash from filing a claim, but it limits when and how much compensation is available.
Read on to learn how this rule works and why having an experienced Nebraska car accident lawyer on your side can make a difference in the outcome of your case.
How Modified Comparative Negligence Works in Nebraska
Nebraska law allows injured drivers to seek compensation even if they were partially at fault for a crash. However, the law sets a clear limit.
Here’s how it breaks down under Nebraska law:
- You cannot recover any damages if you are 50% or more at fault.
- If you are less than 50% responsible, you can still file a claim, but your percentage of fault will reduce your compensation.
For example, consider a scenario in which you were driving over the speed limit when another driver ran a red light and crashed into your vehicle. You’re found to be 20% at fault for the crash. If your damages total $50,000, your compensation would be reduced by 20%, leaving you with $40,000.
If investigators determine you were 55% responsible, you would be barred from recovering any compensation, even if the other driver also contributed to the crash.
How Fault Is Determined in a Nebraska Car Accident
Insurance companies play a role in assigning fault, especially early in the claims process. They review statements, police reports, witness accounts, and physical evidence to determine who was responsible.
However, insurers may try to place more blame on you than is fair, particularly if doing so reduces the amount they have to pay.
In many cases, the percentage of fault comes down to interpretation. That’s where having legal representation can make a difference to the outcome of your claim.
A skilled Nebraska car accident attorney can gather evidence, challenge unfair conclusions, and negotiate for a lower share of fault, helping you keep more of your settlement.
Examples of Shared Fault
It’s not unusual for more than one driver to be at fault in a crash. Below are some common scenarios where liability may be shared:
- Rear-End Collision With Sudden Stop: A driver suddenly slams on their brakes, and you hit them from behind. You might be partly at fault for following too closely, but they could share the blame if their brake lights weren’t working.
- Left Turn at an Intersection: An oncoming driver makes a left turn across your path while you’re going straight. You had the right of way, but if you were speeding, you could still be assigned some blame, which might reduce your payout.
- Merging Without Signaling: You change lanes without signaling and collide with a vehicle already in the lane. If the other driver was speeding or distracted, both parties might share fault.
The outcome of each of these examples often depends on who presents the strongest evidence. Legal support helps clarify what happened and can influence how blame gets divided.
Why Legal Representation Matters in Partial Fault Cases
When fault is shared, the outcome of your claim can change based on how each side tells the story. Insurance companies often push hard to assign you 50% or more of the blame because once you hit that threshold, they don’t have to pay.
Working with a Nebraska car accident attorney means having an advocate to counter these strategies. Our Friedman Law Offices car crash lawyers can:
- Reconstruct the accident using expert analysis.
- Interview witnesses and gather supporting evidence.
- Dispute questionable findings in police or insurance reports.
- Highlight the other driver’s actions that contributed to the crash.
- Negotiate to lower your assigned fault percentage.
Even a small change in fault can have a big impact. For example, lowering your fault from 40% to 30% on a $100,000 claim means an extra $10,000 in your pocket.
Don’t Assume You Can’t File a Claim Just Because You Made a Mistake
Many crash victims believe they can’t pursue compensation simply because they were partly at fault. However, Nebraska’s modified comparative negligence system is designed for these situations, where multiple drivers may share blame.
You may still be eligible to recover damages if you’re less than 50% at fault.
Whether you were briefly distracted, going a little too fast, or made a split-second error in judgment, a Nebraska car accident lawyer can help make sure those moments don’t unfairly reduce or erase your right to compensation.
When to Contact a Nebraska Car Accident Attorney
Don’t wait to speak with a lawyer if you think you may be partially at fault for a crash. The sooner you act, the better your chances of protecting your rights. Evidence can disappear quickly, and early statements to insurance companies, made without legal advice, can be used against you.
A Nebraska car accident attorney can help preserve evidence, manage communication with insurers, and ensure your story is heard.
We know how complex shared fault claims can be. Our team thoroughly investigates every case, builds strong evidence-based arguments, and negotiates with insurers to reduce your assigned fault whenever possible. We fight to recover every dollar you deserve.
Speak With a Nebraska Car Accident Attorney
If you’ve been hurt in a car accident and aren’t sure how your role might affect your right to compensation, don’t try to figure it out alone. At Friedman Law Offices, we provide clear answers and strong legal support.
Schedule your free, no-obligation consultation, and let us help you take the next step with confidence.