Omaha Car Accident Attorney

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06/24/2015

Key Takeaways About Hiring a Car Accident Attorney

  • Car accident victims may seek damages for medical expenses, lost wages, future earnings, pain and suffering, and more, highlighting the necessity of legal guidance to navigate claim complexities and ensure fair compensation.
  • After an auto accident, important steps include exchanging insurance information, documenting the scene and damage, filing a police report, and gathering witness information.
  • Seek immediate medical evaluation after a car accident, even if no injuries are apparent, as some conditions may not be immediately noticeable.
  • At Knowles Law Firm, we offer experienced legal assistance, emphasizing the importance of professional guidance for victims seeking compensation for damages, including medical expenses and lost wages, to navigate the complexities of car accident claims efficiently.

Being involved in a car accident is a traumatic and stressful experience. The fear you experience when another vehicle suddenly, unexpectedly, and violently slams into your car is real. The extreme forces acting on your body during a collision can cause you great physical harm. 

Attempting to heal from injuries sustained in an accident while dealing with the legal aspects can be overwhelming. When you work with Knowles Law Firm, you are not alone. Our attorneys have over 125 years of combined legal experience in personal injury law. 

We take the time to develop a deep understanding of each client’s case facts and the relevant laws so that we can provide you with personalized expert advice. We prioritize making ourselves accessible to our clients, reflecting our dedication to a client-focused practice. 

At Knowles Law Firm in Omaha, Nebraska, we are dedicated to securing justice for individuals who have endured personal injuries. We recognize the significant impact our work has on our clients and their families, which drives our commitment to address each case with the urgency and dedication it merits. 

Prepared to fight for fair settlements or proceed to litigation when necessary, our readiness to take cases to trial demonstrates our commitment to our clients’ best interests. Contact us to retain invaluable and outstanding legal support.

Do You Need an Omaha Car Accident Attorney?

If you have been in a car accident, you may want to obtain compensation for your losses and injuries associated with the incident. We encourage you to work with an attorney during legal matters, as this will make it much easier to receive compensation and maximize your financial recovery.

When you work with an attorney from Knowles Law Firm, we can assist you in many ways. Our services include, but are not limited to, the following:

  • Conduct an independent investigation into the accident
  • Negotiate with every party to recover a satisfactory settlement
  • Prepare your case for court
  • Collect evidence to prove liability
  • Consult with experts to determine the full scope of your damages
  • Assure that all documents are filed correctly and promptly
  • Communicate with the other parties on your behalf
  • Work with your healthcare providers to obtain any missing records
  • Access research methods and tools only available to legal professionals
  • Quicker delivery of documents from law enforcement and doctors

If you’ve been involved in an accident, contact an Omaha car accident lawyer from Knowles Law Firm to help you build your case.

  • No fees unless we win your car accident case
  • 100% free consultation
  • Millions recovered for families
  • Less stress
  • Reduced time spent in litigation
  • Maximized compensation

We encourage you to refrain from representing yourself during legal matters as self-representation frequently results in reduced compensation. However, when you work with a lawyer, such as a car accident attorney from Knowles Law Firm, you can receive complete financial recovery and focus solely on healing from your injuries.

Please feel free to contact Knowles Law Firm at your earliest convenience, as the more time we have to dedicate to your case, the better we can represent you. Contacting us earlier allows us to understand your specific needs better, collect evidence and information related to your claim, and advise you on the appropriate steps to take to maximize your recovery. 

Give us a free call now and speak to one of our attorneys to hear how we can help you. 

What Type of Damages Can You Receive From a Car Accident Claim in Omaha?

Substantial injuries can severely limit your ability to function normally in the future, and you may have to learn a whole new way of life. You should not have to think about the hassle of all of the paperwork, dealing with insurance companies and adjusters, and filing your legal claim.

An experienced car accident attorney can assist you in all of these administrative matters while you solely focus on your recovery. Insurance companies for the responsible party will often hound victims to sign paperwork. It is important that you not sign any documents from the responsible party before speaking with an experienced injury attorney.

The insurance company may tempt you with the offer of immediate monetary compensation for your injuries while a legal dispute may take months to settle, but the amount the insurance company offers is often much lower than the amount you are entitled to receive for your injuries.

As a victim of a car accident, you may be entitled to receive the following forms of compensation:

  • Medical expenses
  • Rehabilitation expenses
  • Lost wages
  • Future earnings
  • Pain and suffering
  • Loss of consortium

An insurance company cannot offer the type of compensation to cover these expenses without further documentation, and therefore, a legal claim will often have to be filed in order to ensure you receive the compensation you deserve.

Can You File a Claim for a Single-Vehicle Crash?

Yes, in some circumstances. Not all motor vehicle accidents in Omaha involve multiple vehicles. As the name implies, a single-vehicle crash only involves one car. This does not mean that an injured victim cannot recover financially from someone other than his or her own insurance provider, however. There could still be the negligence of a third party at play.

Do not assume that you are out of legal options if you get injured in a single-vehicle crash. Instead, contact an attorney in Omaha who can investigate for defendants, such as:

  • The State or Municipal Government: If a road hazard or dangerous defect caused your single-vehicle crash, the government agency in charge of maintaining the public roadway may be responsible. It is the government’s duty to properly inspect and maintain public roads, as well as to keep them in a state of good repair.
  • A Private Property Owner: If your single-vehicle accident took place on private property, such as a privately-owned parking lot or driveway, you may have grounds to file a claim against the private property owner for the same reasons listed above: negligent roadway maintenance and related defects or road debris.
  • A Vehicle or Auto Part Manufacturer: The manufacturer of your vehicle or a specific car part may be liable for your single-vehicle collision if an investigation finds that a product defect caused or contributed to the crash or severity of your injuries. Common examples include defective tires, brakes, electrical systems, airbags, and seat belts. 
  • A Construction Company: If your single-vehicle collision was caused by a dangerous construction zone on or near the road, such as an uneven shoulder, construction equipment left too close to the road, confusing detours or a lack of signage, the construction company may be financially responsible for the wreck.
  • The Owner of the Vehicle: Finally, if you are not the owner of the vehicle, you may have grounds to bring a claim against the owner. This might be possible if you were driving a vehicle owned by someone else that crashed due to poor maintenance. If you were driving a work vehicle, you may be able to hold your employer responsible.

Many parties might be liable for your car accident, even if only one vehicle is involved. If you need more information about holding liable parties accountable, you’re welcome to contact Knowles Law Firm. We’re prepared to help you identify liable parties, collect evidence in your favor, and hold responsible individuals accountable for their actions.

How Is Fault Determined in Nebraska Car Accident Claims?

Even if you are found to be partially at fault for your single-vehicle accident in Nebraska, the state has a comparative fault law that can still make you eligible for financial recovery as long as you are not found to be more than 49 percent responsible. 

If you are less than 50 percent at fault, the courts will reduce your monetary recovery by an amount that equals your degree of fault. At 50 percent or higher, however, the courts will bar you from any financial compensation.

Suppose Party A and Party B both get into a car accident. Both parties get hurt, but the court determines that Party B is 60% responsible for the crash. Even if Party B faces significant damages, they cannot receive compensation for their losses. 

If Party A faces $120,000 in damages due to the accident, comparative fault law does not allow them to receive all money related to their losses. Because Party A is 40% responsible for the accident, they can only receive up to 60% of their damages from the liable party, or $72,000.

If you need more information about how fault is calculated in car accident claims, we can help. Knowles Law Firm can help you determine how to reduce the fault the court assigns, allowing you to receive more complete compensation for your losses.

Traffic Fatalities

What Causes Car Accidents in Nebraska?

Henry Ford likely did not consider the toll that car accident deaths and related injuries would have on the whole of the American population over the past hundred years. Despite advances in ‘smart’ vehicle technology and new state laws aimed at preventing accidents, cars can still be deadly in certain situations.

In 2019, over 17,000 people were injured in car accidents in Nebraska, and approximately 250 people were killed as a result of car accidents. 

In Nebraska, this number of car accidents is mostly due to one or more of the following factors:

Car accidents encompass more than just collisions between two vehicles. They include pedestrian and bicycle accidents, which frequently lead to more severe and life-threatening injuries. An Omaha car accident attorney can help you determine your next steps while you focus on recovery.

Driving Speed

If the statistics of speed-related car accidents prove anything, they indicate that slightly more drivers may be following the speed limit. From 2003 to 2014, the number of speed-related car accidents fell by about 50 percent, from around 1,200 accidents in 2003 to 670 in 2014. This is a promising sign, as it tends to indicate that drivers are following speed limit signs and paying better attention to the road. 

The number of fatalities due to speed-related car accidents has remained relatively stable, but the fact that the number of such car accidents is declining is promising. However, car accidents are still more common than we would like them to be. All car accident victims should consult with a car accident attorney in Omaha to determine their next steps after an accident.

Seat Belts

Nebraska law provides that if you fail to wear a seat belt in a car accident and that if you had been wearing it you would have been injured less, then your damages can be reduced by up to 5 percent of your total damages. The mere failure to wear a seat belt is not in and of itself sufficient to reduce your damages. It is the defendant who must prove by the greater weight of the evidence that you would have been injured less had you been wearing a seat belt.

Rear-End Collisions

Rear-end collisions are the most common type of car accident and frequently occur due to driver distraction or driver inexperience. The National Highway Traffic Safety Administration completed a study in 2003 to better understand the cause of rear-end collisions and how to prevent these accidents from going forward. 

The study concluded that most rear-end collisions involve either teenage drivers or those over the age of 70. Teenage drivers are often the likely cause of many car accidents due to their lack of experience in anticipating an accident, as well as ongoing distractions.

Nebraska statistics seemed to match the national trend, noting that teen drivers made up about 26% of all rear-end collisions in the state in 2013. This represents a high number out of the total population involved in rear-end collisions, indicating just how important it is to maintain focus while driving. The majority of rear-end collisions are caused by one driver’s distraction, even if it is only a second glance away from the road.

The Nebraska Department of Transportation (NDOT) updates crash statistics routinely.

What to Do if You Encounter a Drowsy or Drunk Driver

Car accident lawyer in Omaha

Unfortunately, encounters with drunk and drowsy drivers are a common part of life in Omaha. You should always be on the lookout for drivers who may be under the influence or fatigued. 

Spotting dangerous drivers is the first step in preventing car accidents. Some of the signs of a drowsy or intoxicated driver are weaving in and out of traffic, drifting over the line that separates lanes, abruptly speeding up or slowing down, erratic braking, reckless driving behaviors, following too closely, making unsafe lane changes, and ignoring other traffic laws.

If you believe that a driver sharing the road with you is under the influence or falling asleep, immediately reduce your speed to keep your distance from the driver. Your safety is top priority. 

Call 911 if the situation is an emergency, such as if the driver has already caused a car accident. Otherwise, call the Omaha non-emergency police number at (402) 444-4877 to report a dangerous driver. Give the police officer a description of the vehicle and a license plate number, if possible. Describe where you are and what direction the driver is traveling.

You should never follow a drowsy or drunk driver, try to stop their vehicle, or engage in an altercation with them. Report the driver and allow law enforcement to do the rest. 

If you get into an accident with a driver who appears intoxicated or fatigued, call 911 immediately to report the wreck. Describe the accident and report your suspicions to the police officer when he or she arrives at the scene. 

If you are in a safe place, use your cellphone to capture video of the scene, other driver, and any witnesses to the accident. Then, contact a car accident attorney for further advice.

Omaha car accident lawyer

Car Accident Checklist

During the time after the accident occurs, it is important to keep the following car accident checklist in mind:

Collect Insurance and Other Related Information

While it may seem like a routine task after any car accident, many people forget to ask the other car driver for a copy of their insurance card. Some may even feel uncomfortable pressing the matter. 

It is very important that you collect, at the very least, the name of the other driver, the name of his or her insurance company, and the policy number. You should additionally make a note of the make and model of the other vehicle.

Inspect Damage

It may seem rude to immediately jump out of your car and inspect any damage caused by the accident, but it is important to get a preliminary look at the damage to both vehicles. You should also take pictures to send to your insurance company. A lot can change overnight, including the damage to the vehicles, and it is important to chronicle this initial damage.

Document the Scene

Use your cellphone to capture video of the following:

  • Location of the cars after the collision prior to being moved
  • Condition of the vehicles
  • Condition of the parties
  • Obtaining the name, phone, and address of any witnesses

Locate any security cameras that may have captured the collision.

File a Police Report 

Post-Covid, many police departments will not come to the scene of a motor vehicle accident unless the cars are not driveable or one of the parties is seriously injured and requires immediate medical attention. You should always call the police and ask them to come to the scene, regardless of the amount of damage or whether you know if you have been injured. Many drivers will try to convince others that calling the police is unnecessary. However, for purposes of both property damage and personal injury claims, a police report is one of the most reliable sources of the facts.

A police report will carefully report the driver’s information including automobile insurance. Without a police report, it is not unusual at all to run into resistance from the other driver’s insurance company. 

Some drivers may even change their story once the trauma of the accident has subsided and they realize the financial consequences they may face for being at fault for the accident.

Gather the Names of Witnesses

If you are able, it is important to determine the identity of any witnesses after an accident. Police records often record the names of witnesses and will take initial statements of the victims shortly after the accident.

A personal injury attorney will often request to speak to the witnesses independently and sometimes take a recorded statement. It is important to take a statement from a witness quickly after the accident before memories begin to fade. The more you delay, the greater your chances are that the witnesses’ testimony will change.

Visit a Doctor

Even if you do not believe you were injured seriously in the accident, it is always a good idea to get a thorough evaluation by a medical professional. Many injuries sustained in car accidents will not reveal themselves until days later. 

Medical professionals are trained to recognize signs of injuries, particularly head injuries, which often go undetected until it’s too late. Many internal organ injuries will also reveal themselves to the injured party days after the accident. Medical professionals will know which tests to run shortly after the accident to ensure everything is okay.

Quickly seeking medical attention will also help during your legal matters, as any documentation will serve as valuable evidence for your claim. We recommend you hold onto any paperwork your medical provider gives you, and you may want to request additional copies.

If you need assistance finding a doctor you can trust, feel free to reach out to Knowles Law Firm. We can help you explore your options for medical care or provide a referral to providers we trust to give excellent care.

Follow Your Doctor’s Recommendations Closely

In addition to seeking medical attention quickly, we also suggest you follow your care provider’s recommendations for further care. Your medical provider has your best interests at heart and will recommend whatever treatment they feel will help you to heal as quickly as possible. However, most injuries take time to heal and your doctor may direct you to take time off work, attend therapy appointments, or even see a specialist for further evaluation., While all of this takes time and is of great inconvenience to you, following your doctor’s suggestions is essential.

Following your doctors’ recommendations will not only give you the best chance to heal quickly, but it will make the strongest possible case to the insurance company that you were injured and sought treatment so you could heal. This, in turn, helps your attorney maximize the value of your claim. 

Stay Offline and Log Out

During your claim, we suggest you stay offline as much as possible. Anything you search, post, or comment can be used against you during legal matters, so it’s easiest to reduce risk by staying away from the internet.

We also recommend you log out of social media accounts and deactivate other profiles on platforms. These actions will reduce the temptation to post online. 

Even if your posts and searches do not feel related to your legal matters, do not underestimate other parties. Further, the court will have the right to access social media information even if you have privacy settings enabled.

Do Not Discuss Your Claim With Others

While communicating with others about legal stressors may feel comforting, you should only discuss your claim with your attorney. Even speaking with friends or family could be detrimental, as any information you share with them could be used against you. 

You should tell your doctor you are seeking treatment due to injuries sustained in an accident, but do not discuss the legal aspects of your case with them. Your attorney should be responsible for contacting your doctor and obtaining the legal proof necessary for your case.  Doctors are sometimes hesitant to become involved in legal cases involving car accidents because they are worried it may take time away from their medical practice. 

However, when you work with an attorney, such as one from Knowles Law Firm, you have access to higher privacy protections through the lawyer-client relationship.

Provide as Little Information as Possible to Insurance and Other Parties

Insurance companies are in business to make money, which means paying as little as possible to claimants. Remember, the insurance company does not have your best interests at heart. They may provide you with incomplete or misleading information to discourage the filing of a claim or seeking medical treatment.

Never accept a settlement offer from anyone, including insurance companies, without speaking to a lawyer first. Your lawyer should ensure insurance companies do not take advantage of you monetarily.

Retain Support From a Car Accident Attorney

When you work with a car accident attorney from Knowles Law Firm, we can support you in many ways. Once you retain our support, we can make additional recommendations for the next steps based on your personal circumstances. You don’t have to manage legal matters alone.

Speak to the Best Omaha Car Accident Lawyers Today: Fight for Complete Compensation From the Liable Parties

If you or a loved one have been the victim of a car accident, you may be entitled to receive compensation for your injuries.Contact the Omaha personal injury attorneys at Knowles Law Firm at your earliest convenience. 

Our Omaha car accident lawyers have years of experience handling car accidents and related personal injury claims. We understand that this is a difficult and upsetting time for you, and we will work tirelessly to ensure that you receive the compensation you deserve for your injuries.

You can reach us by completing our contact form, calling (402) 431-9000, or visiting our Omaha office. Contact us today to schedule your initial free consultation with an Omaha car accident attorney, and we will discuss the facts of your case and how to move forward.

“Everything happened so suddenly! After my car accident, I found myself hurt and confused. Luckily, I found an attorney who truly cares for his clients. Bob Knowles was able to provide me with guidance to get the help I needed. Anytime I had questions or concerns, no matter how small, Bob was always available to help me through this traumatizing experience.” – Karen O.