Determining Liability And Fault In Nebraska Auto Accidents

Accident victims have a lot on their minds. Medical caredealing with insurance companies, and the stress of being without your vehicle and missing time from work and other activities.

But the number one question on most of our clients’ minds is: “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.  At Miller Stockmann, our attorneys will help you to identify who was at fault in your Omaha car accident case, and then file a claim on your behalf against the responsible party.

Factors for Liability In Accidents

There can be many different factors in a car accident case that can contribute to a finding of liability.  This is why the best way to determine who is at fault in your accident is to speak with an attorney.  Some of the common factors that Matthew G. Miller can help you assess to determine liability include:

  1. Rules of the Road: Right of ways, speed, merging, and maintaining control of the vehicle are all important rules of the road.  Violation of these rules can often constitute negligence in an auto accident case.
  2. State of Driver: Driving while intoxicated, driving distracted, or driving in a reckless manner are all indicators that the driver was behaving in a negligent manner.
  3. Car Defects: Sometimes, defective conditions in a vehicle can cause accidents.  In these situations, a court would need to determine 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 car by its owner.

Who Decides Liability in My Case?

When you have a Nebraska car accident case, liability can be decided in one of two ways:  through negotiation or by a court. When you file an auto accident claim, our primary goal is always to negotiate a reasonable settlement for you without the time and expense of going to trial in a civil court.

When we settle the case, however, it is the result of negotiation with the insurance company, which is how we determine liability.  This is why it is crucial to have an attorney for this negotiation process.  Don’t let the insurance company decide who is at fault.  They will deny or delay your claim for as long as possible to escape having to pay you a fair settlement.

Frequently Asked Questions

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 settlement for your injuries.

Call Miller Stockmann today to schedule a free personal injury case consultation where we can review the facts of your case to advise you regarding fault in your car accident.

“Meeting Matt Miller was the best thing that happened to me after my accident. In the end I did receive a nice payout for my injuries…It was the most difficult time of my life but Matt Miller helped to make it a positive experience. I would happily recommend Matt to anyone who has a personal injury case.” – Dan Sundermeier, client