Welsh & Welsh PC LLO: Your Omaha Pedestrian Accident Attorney

Why You May Need an Omaha Pedestrian Accident Lawyer

When a motor vehicle driver hits a pedestrian, they are often at fault for the accident. Therefore, the pedestrian may be entitled to monetary compensation for their injuries and damages.

If you have been injured in a pedestrian collision in Omaha, Nebraska, our skillful and experienced Omaha pedestrian accident attorney from Welsh & Welsh, PC, LLO, can help you recover compensation.

When we take on your case, we always start with a thorough investigation of the accident and gather evidence to support your claim. We also calculate your damages and file a personal injury claim on your behalf with the liable party’s insurance company.

With our Omaha pedestrian accident attorneys at your side, you won’t have to worry about doing any paperwork or the back and forth with the other party. We handle your claim from start to finish and take it to court if necessary.

Read on to understand Omaha pedestrian accidents and how our lawyers can assist you in your case.

Who Is at Fault for Pedestrian Accidents in Omaha?

Pedestrian accidents may occur because of the driver or pedestrian. However, at times, both parties may be at fault.

Both drivers and pedestrians must obey traffic laws and exercise their duty of care. When either party breaks the law or acts negligently, it can be held liable for any damages it causes.

For example, if a speeding driver hits a pedestrian at a crosswalk, they are likely to be fully at fault. However, if a speeding driver hits a pedestrian while jaywalking, they can be both at fault.

Nebraska is an at-fault state, so the party that caused the accidents is liable for the other party’s damages.

Causes of Pedestrian Accidents

The most common pedestrian accidents occur due to:

1. Distracted driving: Drivers not paying attention to the road or pedestrians, especially in crosswalks and parking lots
2. Speeding: excessive speeds reduce a driver’s reaction time
3. Impaired driving: alcohol or drugs impair a driver’s judgment and coordination
4. Failing to yield: drivers not giving the right of way to pedestrians at crosswalks or intersections
5. Poor visibility: low-light conditions, bad weather, or obstructed views
6. Reckless driving: aggressive or careless driving
7. Jaywalking: pedestrians crossing the road illegally or at non-designated locations

Injuries Sustained From Pedestrian Accidents

Pedestrian accident victims often sustain more severe injuries than motorists. Here are the common injuries sustained by pedestrians:

• Broken bones
• Back injuries
• Head injuries
• Lacerations
• Spinal injuries

Injured pedestrians are entitled to seek compensation for the following damages:

• Medical bills and associated expenses
• Lost income
• Loss of earning capacity
• emotional distress and physical pain
• Temporary or permanent disabilities

If a pedestrian dies on the scene or due to their injuries, their family members can file a wrongful death claim against the involved motorist. Some of the damages they can recover include funeral expenses, loss of financial support, and bereavement.

Essential Steps to Take After a Pedestrian Accident

If you’re involved in a pedestrian accident in Omaha, taking the right actions immediately afterward can significantly impact your recovery and legal case. Follow these critical steps:

1. Seek immediate medical attention, even if injuries seem minor. Some serious conditions may not show symptoms right away.
2. Report the accident to the police. An official police report provides crucial documentation for your claim.
3. Collect evidence at the scene if you’re able. Take photos of your injuries, the vehicle involved, traffic signals, and road conditions.
4. Gather contact information from the driver, witnesses, and responding officers.
5. Do not discuss fault or provide recorded statements to insurance companies without legal counsel.
6. Keep detailed records of all medical treatments, expenses, and how your injuries affect your daily life.
7. Contact an experienced pedestrian accident attorney as soon as possible. Early legal representation ensures evidence is preserved and your rights are protected.

Remember, Nebraska’s four-year statute of limitations means you have limited time to file your claim. Taking prompt action improves your chances of receiving fair compensation.

The Legal Process For a Pedestrian Accident Case

When you are involved in a pedestrian accident, the last thing on your mind is dealing with insurance adjusters. However, it is vital to take the necessary steps to get the compensation you deserve.

Our Omaha pedestrian accident lawyers understand how this can be overwhelming for an injured person to go through. This is why we offer to handle the process from start to finish.

Our pedestrian accident lawyer can file a personal injury claim with the at-fault driver’s insurance company and handle the negotiation and settlement meetings for you. If they deny your claim, we are ready to file a lawsuit against them and ensure you get compensated.

We will also work with medical experts to determine the extent of your injuries and future medical needs. This helps us calculate your damages accurately and fight for fair compensation on your behalf.

How Can Pedestrian Accident Lawyers Help?

Our attorney provides you with the legal counsel you need to fight for compensation. We can work day and night to collect evidence to prove the liable party’s negligence.

Our attorneys collaborate with experts to conduct thorough investigations to determine fault. You will not need to do this on your own, especially given the difficult situation you are going through.

We file your claim supported by solid evidence, records, and expert opinions. If the at-fault party’s insurance company accepts our claim, we can move directly to a settlement meeting. If the insurance company makes a counteroffer, we advise you on whether you should take it and negotiate for a higher settlement.

An out-of-court settlement means you get a payout faster. However, if the negotiations do not work, the only option left is to go to court. Our attorneys have decades of experience handling pedestrian accidents and similar lawsuits and can ensure you have the legal representation you deserve.

Contact Our Law Firm For Further Information on Omaha Pedestrian Accidents

You should not have to worry about bills and making ends meet when you sustain severe injuries due to a driver’s negligence. An experienced pedestrian accident lawyer from Welsh & Welsh, PC, LLO, can help. 

We can fight for your right to fair compensation while you recover from your injuries. We have represented Omaha residents for over 65 years and have gotten justice for many victims, ensuring they are fairly compensated. 

Feel free to contact us today for a free consultation. Let us see how we can help you.

Frequently Asked Questions

What Is the Statute of Limitations for Personal Injury Claims in Nebraska?

The statute of limitations for pedestrian accidents is four years. However, there are various exceptions to this law. One exception is an accident involving a government vehicle. In such a case, you only have one year to file your claim.

What Is the Hit and Run Law in Nebraska?

According to the Nebraska hit-and-run law, drivers should not leave an accident scene. Instead, they should stay and assist the police once they show up.

What Are the Consequences of Leaving the Scene After an Accident in Nebraska?

If a driver hits a pedestrian and flees the scene, they may face a Class IIIA felony charge. They could get a sentence of over three years and pay up to $10,000 in fines. This is besides the civil penalties brought against them by the victim to recover damages. They may also face post-release supervision for up to 18 months.

If they cause serious injuries or death, they are guilty of a Class III felony, punishable by up to 4 years imprisonment and $25,000 in fines. If a driver leaves a scene in which they caused the death of a pedestrian, it is considered vehicular homicide. A conviction can result in more severe penalties.

What Should I Do If I Witness a Pedestrian Accident?

If you witness a pedestrian accident, the first thing to do is call 911 for medical assistance and law enforcement. While waiting for help to arrive, try to provide any relevant information that may assist in determining who was at fault. This can include taking photos of the scene, exchanging contact information with involved parties, or obtaining statements from witnesses.

It is also important to stay calm and not interfere with the police investigation once they arrive. Your testimony as a witness may be valuable in helping the victim receive justice and compensation for their injuries.