Hit and run, a serious offense in Nebraska, involves leaving the scene of an accident without fulfilling legal duties. Individuals face potentially severe consequences if convicted. This piece provides a general overview of hit and run charges in Nebraska, including what the law makes illegal, the penalties involved, available defenses, and the role of a criminal defense lawyer in these cases.
Omaha Hit and Run attorneys Nebraska
Our attorneys at Liberty Law Group are ready to fight for you. We understand that mistakes can happen, but they don’t need to ruin your life. Many people are unaware that hitting a non-moving vehicle requires the driver to leave their contact information in an obvious place for the other driver to find.
No matter the circumstance, if your case is right for us, we’ll work to gather the information necessary to build your case and let your voice be heard.
If you or a loved one are being charged with, have been arrested or are under investigation for a hit and run accident, call our law offices immediately at (402) 865-0501.
Hit and run information
- How Nebraska defines a hit and run
- How Nebraska prosecutes hit and run suspects
- How lawyers can defend against hit and run charges
- How a lawyer can help someone charged with a hit and run
- Additional Resources
What is a Hit and Run in Nebraska?
Under Nebraska Revised Statute §60-696, if a driver is involved in an accident on a public highway, private road, or private drive that results in property damage, they are required by law to immediately stop at the scene of the accident. This is the first step in fulfilling the legal responsibilities following an accident. The driver is required to provide their name, address, telephone number, and driver’s license number to either the owner of the damaged property or the driver or passengers of any other vehicle involved in the collision. This is so all parties involved have the necessary information for insurance and legal purposes.
In scenarios where the accident involves an unattended vehicle or property, the driver must still stop immediately, but they are also required to leave a written notice in an obvious place on the unattended vehicle or property. This notice must contain the same information that would be given directly to a person – the driver’s contact information and license number. Additionally, the driver must report the collision to an appropriate police officer without delay.
The law takes a stricter stance in cases of accidents resulting in injury or death. Under Nebraska Revised Statute §60-697, the driver must immediately stop their vehicle at the scene of the accident to provide assistance. This assistance could include transporting or making arrangements to transport the injured person to a hospital if treatment is necessary. The driver has to get information on all individuals involved in the accident, provide their own information, and show their driver’s license to the person injured or to the passengers of any vehicle collided with.
So, a hit and run in Nebraska is the failure to comply with these legal requirements following an accident.
Penalties
If a driver is involved in an accident causing property damage, failure to stop and provide necessary information is a Class II misdemeanor, punishable by up to 6 months in jail and/or a $1,000 fine. If the driver has prior convictions under this law, the offense escalates to a Class I misdemeanor, which could lead to up to 1 year in jail and/or a $1,000 fine.
In accidents resulting in injury or death, the severity of the offense increases. Failing to stop in an accident causing injury (other than serious bodily injury) or death is a Class IIIA felony, punishable by up to 3 years in prison and/or a $10,000 fine. If the accident results in serious bodily injury or death, it becomes a Class III felony, with penalties of up to 4 years in prison and/or a $25,000 fine. Additionally, the court may prohibit the offender from driving for a set period and revoke their driver’s license.
In Nebraska, probation is a potential alternative to imprisonment, allowing individuals convicted of certain crimes to remain in the community under specific conditions, instead of serving time in jail. The decision to grant probation is at the court’s discretion. If the individual fails to comply with the terms of probation, the court may revoke probation and impose the original jail sentence.
What are Possible Defenses to Hit and Run Charges in Nebraska?
In Nebraska, one common defense to hit and run charges is the lack of knowledge about the accident itself. A defendant may argue that they were unaware that an accident had occurred, or that they did not realize their vehicle was involved. This defense challenges any accusation that the driver knowingly fled the scene without fulfilling their legal obligations.
Another potential defense involves mistaken identification. In some cases, it might be unclear who was actually driving the vehicle at the time of the accident. Without conclusive evidence to identify the driver, it becomes difficult to hold them accountable for a hit and run.
In situations where the driver left the scene due to a reasonable belief of imminent danger, this too can serve as a defense. For instance, if the driver had reason to fear for their safety if they remained at the scene, this might justify their departure, although they are still required to report the accident as soon as it is safe to do so.
Lastly, a defense might focus on the inability to provide aid or information. In some cases, a driver might be physically unable to provide assistance or exchange information due to injuries sustained in the accident. This could mitigate the charges, depending on the specifics of the situation.
How Can Defense Lawyers Help Individuals Facing Hit and Run Charges
A criminal defense lawyer in Nebraska represents clients charged with traffic offenses, including hit and runs. They begin by examining the evidence and circumstances of the case, seeking inconsistencies or flaws in the prosecution’s narrative. The lawyer then develops a defense strategy, possibly challenging the identification of the defendant or the defendant’s awareness of the accident. They also ensure the defendant’s rights are protected throughout the legal process, offer advice on plea deals or negotiations, and represent the client in court. A defense lawyer’s objective is to achieve the best possible outcome, whether that means a reduced sentence, acquittal, or a favorable plea agreement.
Additional Resources
Information on Nebraska hit and run laws: Includes general hit and run statistics. Explains Nebraska laws and penalties for hit and run crimes.
University of Nebraska student reference: Discusses what to do if involved in an auto accident. Reviews the state’s hit and run laws and the proper steps to take to comply with the law when in a car accident.
Omaha Police Department: Information on hit and run accidents and reporting requirements. Explains when a driver does and does not need to file a state vehicle accident report and includes a link to the form.
Attorneys for Hit and Run charges Nebraska | Liberty Law Group
Were you involved in a Hit and Run accident or have been charged with doing so? Our expert defenders at Liberty Law Group can help build your case against Hit and Run charges in Nebraska. No matter the circumstances, everyone deserves their voice in court.
Our firm proudly serves the communities of Omaha, Lincoln, Council Bluffs and surrounding areas of Douglas County, Lancaster County, Nebraska, Pattawattamie County, Iowa, and surrounding areas. If you or a loved one has been arrested, charged, or is under investigation by a law enforcement agency, please contact our firm at (402) 865-0501 to request a free and confidential consultation to discuss the specific facts and details of your case with one of our attorneys. We are ready to help immediately.
