What to do after a car accident in Omaha: A step-by-step guide
Car accidents can be a harrowing experience, leaving victims disoriented and unsure of what to do next. In Omaha, Nebraska, where car accidents are not uncommon due to the city’s busy roads and fluctuating weather conditions, knowing how to respond can significantly affect the outcome of a personal injury claim. Whether you’re dealing with minor vehicle damage or severe injuries, following the right steps ensures your safety, protects your legal rights, and maximizes your chances of fair compensation.
According to data from the Nebraska Department of Transportation, there were 36,588 motor vehicle crashes across the state in 2022, with nearly 10,000 resulting in injuries and 244 proving fatal. Omaha, Nebraska’s largest city, accounts for a significant proportion of these incidents, particularly on high-traffic routes like Interstate 80 and Dodge Street. Understanding what to do in the aftermath of a crash can make a crucial difference in how you navigate this difficult situation.
Ensure safety and call for help
The immediate aftermath of a car accident can be chaotic, but your first priority should always be safety. Assess the situation and check yourself and others for injuries. If possible, move your vehicle to the side of the road to avoid blocking traffic. Nebraska law requires drivers to make reasonable efforts to prevent further accidents after a crash.
Call 911 to report the accident, even if the damage seems minor. A police report is an essential document for insurance claims and any potential legal action. It provides an objective account of the accident, including details about the involved parties, witness statements, and officer observations. In Omaha, the police typically respond quickly to crashes, especially in busy areas or during peak traffic hours.
Document the scene thoroughly
Once you’re safe and waiting for help to arrive, document the accident as much as possible. Use your smartphone to take photos of the vehicles, the road conditions, and any visible injuries. Omaha’s variable weather can play a significant role in accidents, and photographs showing icy roads, rain-soaked streets, or obscured traffic signs can provide valuable context for your case.
If there are witnesses, ask for their contact information. Witness statements can be crucial in establishing fault, particularly if the other driver disputes your account. Additionally, exchange information with the other driver, including their name, contact details, insurance information, and license plate number.
Seek medical attention immediately
Even if you feel fine, it’s vital to seek medical attention as soon as possible after an accident. Some injuries, such as whiplash, concussions, or internal bleeding, may not manifest symptoms immediately but can worsen over time. A medical evaluation not only ensures your well-being but also creates a documented record of your injuries, which is critical for any personal injury claim.
Omaha is home to several reputable hospitals, including CHI Health Creighton University Medical Center and Nebraska Medicine, where you can receive comprehensive care. The sooner you get checked out, the stronger your case will be if you need to pursue compensation for your injuries.
Notify your insurance company
Nebraska law requires drivers to carry liability insurance, and your policy will often be the first avenue for compensation after an accident. Contact your insurance company as soon as possible to report the crash. Provide them with accurate information about the accident but avoid making definitive statements about fault or the extent of your injuries until all facts are clear.
Omaha drivers should be aware that Nebraska follows a comparative negligence rule, meaning that even if you are partially at fault for the accident, you can still recover compensation as long as your share of the fault is less than 50%. However, your compensation will be reduced by the percentage of your fault. For example, if you were found to be 20% at fault for the crash and your damages totaled $10,000, you would receive $8,000.
Understand when to contact a lawyer
While minor fender benders can often be resolved through insurance claims, more serious accidents may require legal assistance. If you’ve suffered significant injuries, faced disputes over fault, or encountered resistance from insurance companies, it’s time to contact a personal injury lawyer from Omaha.
Omaha’s bustling legal community includes experienced attorneys who specialize in personal injury cases. These professionals can help you navigate complex legal processes, negotiate with insurance companies, and ensure you receive fair compensation for medical bills, lost wages, and pain and suffering. Studies show that car accident victims who work with an attorney typically receive higher settlements than those who handle claims on their own.
Beware of insurance company tactics
Insurance companies often aim to minimize payouts, and their adjusters are trained to protect the company’s bottom line. In Nebraska, insurers may attempt to use recorded statements, delays, or lowball settlement offers to reduce the amount they owe. An experienced lawyer can protect you from these tactics by managing communication with the insurance company and advocating for your best interests.
Know your deadlines
In Nebraska, there is a statute of limitations for filing personal injury claims. You generally have four years from the date of the accident to file a lawsuit for damages. However, if the accident involves a government vehicle or employee, such as a city bus or a snowplow, you may face shorter deadlines and additional procedural requirements. Consulting with an attorney early in the process ensures you don’t miss critical deadlines.
Track your expenses and keep records
Throughout your recovery, maintain detailed records of all accident-related expenses. This includes medical bills, vehicle repair invoices, and receipts for any out-of-pocket costs. In Omaha, where public transportation options are limited, you may also need to track expenses for car rentals or rideshare services if your vehicle is out of commission.
Additionally, keep a journal documenting how the accident has impacted your daily life. Note any physical pain, emotional distress, or changes in your ability to work or enjoy activities. This documentation can strengthen your case for non-economic damages like pain and suffering.
Final thoughts
Recovering from a car accident in Omaha involves a combination of immediate action, careful documentation, and, in many cases, legal guidance. By following these steps, you can protect your health, your rights, and your financial future. Remember, the choices you make in the aftermath of an accident can significantly influence the outcome of your claim.
If you’re facing challenges after a car accident, don’t hesitate to reach out to an experienced personal injury lawyer in Omaha. They can provide the support and expertise you need to navigate this difficult time and secure the compensation you deserve.