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WE ARE HERE FOR YOU 24/7

(402) 384-8160
Call your Attorney Now

Omaha Pedestrian Accident Lawyer

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OVER 65
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NOT AFRAID TO
FIGHT FOR YOUR RIGHTS.

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LOVE WHAT WE DO

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RESPECTED BY OUR PEERS.

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WE TAKE YOUR INJURY PERSONALLY.

Being as Omaha is the largest city in Nebraska, it’s no surprise that thousands of individuals in the city walk to their destinations within it. While being a pedestrian is good for the body and planet, there are a number of dangers associated with walking near traveling vehicles. If you’ve been in an accident you believe was caused by a negligent driver, our Omaha pedestrian accident lawyers are prepared to represent you and seek the compensation you need to recover from your injuries.

What Often Do Pedestrian Accidents Happen in Omaha?

The number of pedestrian accidents is on the rise. Every year, more individuals are injured or killed by a vehicle while walking. According to Nebraska’s Department of Transportation, there were a total of 372 pedestrians struck by vehicles in 2016. The majority, 359, resulted in injury. Only two resulted in just property damage and 11 were fatal. In 2017, the total rose to 400, where 406 people were injured and 20 lost their lives.

While only 1.1 percent of all crashes in Nebraska in 2017 involved a pedestrian, those accidents accounted for nine percent of all fatal crashes. This shows just how dangerous it can be for a person when they are hit by a vehicle. The collisions that resulted in death often occurred at higher speeds and with larger vehicles. When looking at all the crashes, however, patterns can be detected as to why the incidents happened in the first place.

Why Pedestrian Accidents Happen

If you’ve been struck by a vehicle and want to take legal action, you’ll need to gather evidence that proves the driver caused the accident. A crucial step in this process is determining why the accident happened. There are a number of common reasons pedestrians are struck by negligent drivers.

When drivers disobey traffic laws by improperly using lanes, ignoring traffic lights, or speeding, they are more likely to hit a pedestrian in a highly populated area. Drivers need to be aware of the locations of crosswalks and be cognizant when traffic lights change to ensure they are nowhere near any individuals who are walking. If a driver is speeding, they may be unable to stop in time in the event a pedestrian steps in front of them.

Distractions are also a major factor with pedestrian accidents. When someone is using their cellphone to talk, text, or email, or is focused on their GPS system, their eyes and mind are not focused on the road. This makes it incredibly easy to miss seeing a pedestrian and cause an accident.

The Complexities of Proving Fault in a Pedestrian Accident

It can be difficult to determine fault for an accident involving a pedestrian and a driver. If you’ve been the victim of a crash, it’s likely the driver will claim you were acting recklessly or carelessly. It’s important to remember, however, that vehicle motorists have a duty of care to obey traffic laws and pay attention to their surroundings. If they breached that duty and someone was injured, they can be held accountable.

In some cases, there may be shared fault for an accident. If a pedestrian was jaywalking, crossing against a traffic signal, walking where pedestrians are prohibited, or under the influence of alcohol, that person can be found liable for a portion of the accident. Your injury attorney will be able to investigate your case and determine what resulted in your accident.

In the event both parties are found to be partially at fault, comparative negligence comes into play. This means that an injured person can still receive compensation; however, it is reduced by their percentage of the fault. For example, if the pedestrian is found to be 15 percent at fault for the crash, they will only be eligible for 85 percent of the damages.   

Seeking Compensation for Accident Victims

If you are found to be eligible for compensation, you may be wondering what is covered. There are a number of economic and non-economic damages you can recover based on your injuries and the incurred expenses related to your accident.

Economic damages can be calculated. You may be able to recover compensation for the severity of your injuries and the related medical expenses, the amount of time you had to miss from work, and any additional expenses. Non-economic damages are more difficult to determine, as they cannot be directly calculated; however, compensation could be included for pain and suffering, the impact the injuries have had on your daily routine, and any lost opportunities or abilities attributed to the injuries.

Types of Personal Injury Cases Handled by Welsh & Welsh PC, LLO in Omaha, Nebraska

Car Accident: Car accidents can leave victims facing painful injuries, financial strain, and uncertainty. Welsh & Welsh PC, LLO helps Nebraskans pursue full compensation and hold negligent drivers accountable.

Truck Accident: Collisions with commercial trucks often result in severe, life-altering harm. Our firm has extensive experience navigating complex trucking regulations and fighting for victims’ rights.

Medical Malpractice: When medical professionals fail to meet the standard of care, patients suffer the consequences. We advocate for those harmed by preventable medical errors and negligence.

Birth Injury: Birth injuries can permanently affect a child’s health and a family’s future. Welsh & Welsh works to uncover what went wrong and secure justice for injured infants and mothers.

Premise Liability: Property owners must keep their premises safe. If hazardous conditions caused your injury, our attorneys can help pursue accountability and fair compensation.

Nursing Home Abuse: Elderly residents deserve dignity and proper care. We stand up for victims of nursing home abuse and neglect, helping families protect their loved ones.

Mesothelioma: A mesothelioma diagnosis brings difficult decisions. We help victims and families pursue justice from those responsible for asbestos exposure.

Burn Injury: Burn injuries can change every part of life. Our firm works tirelessly to hold negligent parties accountable and to secure meaningful recovery.

Head Brain Injury : Traumatic brain injuries can disrupt every aspect of life. Welsh & Welsh fights for clients suffering from TBIs to ensure they receive the care and compensation they deserve.

Motorcycle Accident: Motorcyclists are especially vulnerable on the road. Our team represents injured riders and seeks justice when careless drivers cause serious harm.

Pedestrian Accident: If you’ve been hit while walking, the impact can be life-changing. We help you pursue compensation and regain stability.

Dog Bites: If you’ve been bitten by a dog, you may be dealing with pain and unexpected medical bills. We hold negligent owners accountable.

Work Injury: Workplace injuries can impact your ability to earn a living. We help injured workers navigate their legal options and secure the benefits they are entitled to. 

Wrongful Death: Losing a loved one due to negligence is unimaginable. Welsh & Welsh supports families in seeking justice and financial stability through wrongful death claims. 

Bicycle Accident: If you’ve been injured while cycling, you deserve a fair chance to recover. We protect your rights and push back against negligent drivers. 

Electric Scooter Accident: Electric scooter crashes are increasingly common and can cause significant injuries. Our firm helps victims pursue compensation for negligent or reckless behavior. 

Workers Compensation: If you’ve filed or need to file a workers’ compensation claim, the process can feel confusing. We guide you from start to finish. 

Rideshare Sexual Assault: When a rideshare driver commits sexual assault, victims deserve justice. Welsh & Welsh provides compassionate, confidential support and pursues claims against responsible parties.  

Drug Litigation: Dangerous and defective medications can cause widespread harm. Our firm represents individuals injured by unsafe drugs and seeks accountability from manufacturers. 

Slip and Fall: Slip-and-fall accidents often stem from preventable hazards. We help victims pursue claims against negligent property owners to recover medical and financial damages.

Fetal Distress: When signs of fetal distress are missed, the consequences can be lifelong. We help families seek justice for preventable birth injuries. 

Product Liability: Consumers should be able to trust the products they use. When defective products cause injuries, we fight to hold manufacturers and distributors responsible.

Choosing a Lawyer Who Specializes in Pedestrian Accidents

When deciding to seek legal representation, it can be an overwhelming task to choose the right law firm for you. You want to find an injury lawyer who is knowledgeable and experienced, while also willing to work with you and for you to reach the outcome you deserve. At Welsh & Welsh PC, LLO, we represent all types of accident victims and are ready to take you on as a client.

Keep in mind that a good lawyer is someone who is available to you. You should never hesitate to ask questions or for clarification, as it’s crucial to understand every aspect of your case. The Omaha pedestrian accident lawyer you choose should also be organized and prepared. If they are frequently late, miss important deadlines, or lose documents related to your claim, they’re not the attorney for you.

If you’ve been involved in an accident with a vehicle, our Omaha pedestrian accident attorneys are prepared to guide you through the complexities of litigation, so you can restore order in your life as quickly as possible. To learn more about your legal options, get in touch with our firm today.

FAQ

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Why are pedestrian accident claims often treated as serious injury cases?
Pedestrians have little physical protection, so even moderate-speed impacts can cause significant harm. Injuries often include fractures, head trauma, internal injuries, and long-term mobility issues. Because the medical stakes can be high, these cases often involve detailed medical documentation and longer recovery timelines. The claim typically focuses on driver behavior, visibility, right-of-way issues, and roadway conditions.
How is fault determined in a pedestrian collision?
Fault analysis often looks at crosswalk location, signals, lighting, traffic flow, and whether the driver maintained a proper lookout. Evidence may include police reports, witness statements, video footage, and scene measurements. The pedestrian’s actions can also be evaluated, such as whether they entered traffic unexpectedly or crossed against a signal. The final fault determination is usually a fact-based evaluation, not a simple rule.
What if the pedestrian wasn’t in a crosswalk?
Not being in a crosswalk does not automatically mean the pedestrian is at fault or cannot bring a claim. It may become part of the comparative fault analysis depending on the circumstances, traffic rules, and what was reasonably foreseeable. The driver’s speed, attentiveness, and ability to avoid the collision can still be central issues. These cases often depend heavily on visibility and timing evidence.
How does comparative fault affect pedestrian accident claims in Nebraska?
Nebraska can reduce recoverable damages based on a claimant’s percentage of fault, and recovery can be barred at certain thresholds. Pedestrian cases may involve disputes about right-of-way, sudden entry, and driver reaction time. Because the injuries can be severe, fault disputes can be a major battleground. Evidence like video or reconstruction can be especially influential in clarifying what happened.
What is the deadline to file a pedestrian accident lawsuit?
The limitation period depends on the type of claim and the parties involved. If a governmental entity or roadway defect is involved, different rules and notice requirements may apply. Because evidence can disappear quickly (video footage, witness recollection), early action can matter even aside from legal deadlines. Determining the correct filing deadline early helps preserve legal options.

Testimonials

Don’t take our word for it. Here’s what our clients have to say.

“Thank you so much for the free consultation and the information you provided for me. It was greatly appreciated. Thanks again for your kindness. “

– Linda L.

“Your compassion, knowledge, expertise and time you put into my case exceeded my expectations. You are a wonderful caring lawyer and made us feel you truly cared about us.”

– Jeanne and Mike H.

“Thanks again for believing in my case when no one would get involved. I don’t know what I what I would have done without you as my lawyer.”

– Jennifer M.

“We are so deeply touched by your hard work representing our daughter who tragically died because a trucking company hired a driver who had been in many accidents before and should never have been on the road. Your knowledge and lawyering made the difference.”

– Tony and Beth M.

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9290 W.Dodge Rd. Suite 204
Omaha, NE 68114