A hit and run accident can be a life-changing event for you as a victim. The physical, emotional, and financial burdens are often overwhelming. Fortunately, you have legal rights, including the ability to file an insurance claim or lawsuit for compensation.
Omaha Defense Attorney for Hit and Run Accident Lawyers
While there are a number of reasons why people leave the scene of an accident without sharing contact or insurance information, these reasons do nothing to help you, the victim. If someone has struck your vehicle or caused your vehicle to become injured and refused to stop, know that you have options available to receive compensation for your loss to property or injury.
The dedicated personal injury attorneys at Liberty Law Group are experienced in working with clients with a wide range of injuries. If you or a loved one have been injured and are suffering property or medical damage, contact our firm immediately at (402) 865-0501 or fill out our online contact form.
Our firm proudly serves the communities of Omaha in Douglas County, Lincoln in Lancaster County, Papillion in Sarpy County, and across the neighboring counties of Dodge, Cass, Washington, Saunders, and throughout Eastern Nebraska.
We also represent those charged in Iowa, including the communities of Council Bluffs in Pottawattamie County, Iowa, and surrounding areas.
- What Are Hit and Run Accidents?
- What Causes Hit and Run Accidents?
- Where Do Hit and Run Accidents Happen?
- Who Is Liable for Hit and Run Accidents?
- Legal Options for Hit and Run Accident Victims
- Potential Damages in Hit and Run Accident Cases
- Steps Victims Should Take After a Hit and Run Accident
- How Can Personal Injury Lawyers Help?
- Frequently Asked Questions
- Additional Resources
- Hire a Lawyer for Hit and Run Accidents in Douglas County Nebraska
What Are Hit and Run Accidents?
- Pedestrian Hit and Runs: In this type of accident, a vehicle strikes a pedestrian and leaves the scene without offering help or providing information. Since pedestrians have minimal protection, these accidents often result in severe injuries or even fatalities.
- Bicycle/Scooter Hit and Runs: Bicyclists share the road with vehicles and can be vulnerable to hit and run accidents. The lack of protection for bicyclists can result in life-threatening injuries or death in the event of a collision.
- Vehicle-to-Vehicle Hit and Runs: These car accidents occur when one vehicle hits another and then flees the scene. These incidents can happen in parking lots, intersections, or on highways and can cause anything from minor to severe damage depending on the circumstances.
- Property Damage Hit and Runs: These accidents involve a driver hitting and damaging someone’s property, such as a mailbox, fence, or parked vehicle, and leaving without reporting the damage. While these accidents may not involve personal injuries, they still result in significant inconvenience and financial loss for property owners.
What Causes Hit and Run Accidents?
- Fear of Legal Consequences: Drivers who are unlicensed, uninsured, or have outstanding warrants may flee to avoid legal responsibility or arrest.
- Driving Under the Influence (DUI): Drivers impaired by alcohol or drugs may leave the scene to avoid DUI charges.
- Distracted Driving: Drivers who are texting, using a phone, or otherwise distracted may not realize they have caused an accident or may flee out of fear once they do.
- Shock and Panic: The sudden impact of an accident causes some drivers to panic and flee without thinking about the consequences.
- Previous Convictions: Drivers with prior legal issues might flee to avoid harsher penalties for repeat offenses.
Where Do Hit and Run Accidents Happen?
- Busy Cities: Omaha and Lincoln see a higher number of hit and run accidents due to the higher volume of traffic and congested streets. Busy intersections are especially prone to such incidents.
- Residential Areas: Neighborhoods with parked cars or children playing can be common sites for hit and runs. Drivers might hit a parked car or child and leave out of fear or panic.
- Highways and Rural Roads: Even in less crowded areas like highways or rural roads, hit and runs occur. Drivers might be distracted or under the influence and after causing an accident, leave the scene.
Who Is Liable for Hit and Run Accidents?
- The Fleeing Driver: The driver who leaves the scene is typically the primary party responsible. Nebraska law requires drivers involved in an accident to stop, provide aid, and share their information.
- Employers: If the driver was operating a company vehicle, the employer might be held liable under vicarious liability if the accident occurred during job-related duties.
- Vehicle Owners: If a car was borrowed or rented, the owner or rental company might share responsibility, especially if they knowingly allowed the driver to use the vehicle.
- Parents: If the driver was a minor, parents might be held liable for the actions of their child.
- Insurance Companies: Nebraska requires uninsured motorist coverage, which can be crucial in hit and run cases where the responsible driver is unidentified or uninsured. In those cases, the victim’s own insurance policy may provide compensation.
Legal Options for Hit and Run Accident Victims
- File an Insurance Claim: Victims can file a claim through their own insurance, particularly if the driver who fled the scene is not located. Uninsured motorist coverage can assist in recovering compensation for medical expenses, lost wages, and other related costs.
- Report the Incident Promptly: Reporting the accident to the insurance company as soon as possible is essential. Providing information such as the fleeing vehicle’s details, witness statements, and the accident scene can help support the claim and aid in the investigation.
- File a Lawsuit: If the responsible driver is later identified, a lawsuit may be filed against them. This legal action can help recover damages, including medical bills, lost income, pain and suffering, and other expenses. Nebraska law allows a four-year statute of limitations for personal injury cases, so acting within this time is crucial.
Potential Damages in Hit and Run Accident Cases
- Medical Bills: Victims may recover expenses related to emergency care, hospital stays, surgeries, rehabilitation, and ongoing medical treatments.
- Lost Wages: If injuries prevent the victim from working, they may seek compensation for lost wages and diminished future earning potential.
- Pain and Suffering: Physical pain and emotional distress often follow accidents, and compensation may be sought for this suffering, which can have a lasting impact on the victim’s quality of life.
- Property Damage: If a victim’s vehicle or other personal property was damaged in the accident, they may recover the costs for repairs or replacement.
What Should You do After a Hit and Run Accident?
- Ensure Safety: After the accident, the victim’s first priority should be ensuring their own safety and the safety of others involved. If possible, they should move to a safe location.
- Call 911: The accident should be immediately reported to the police, and medical attention should be sought if necessary. A police report is vital for documenting the incident and can be used as evidence later.
- Gather Evidence: Victims should take photos of the accident scene, note details about the other vehicle, and collect contact information from any witnesses.
- Report the Accident to Insurance: Prompt notification to the insurance company will help initiate the claims process.
- Seek Legal Assistance: Victims are encouraged to consult a car accident lawyer to protect their rights and receive guidance throughout the legal process.
How Can Personal Injury Lawyers Help?
- Investigate the Accident: A lawyer will conduct a thorough investigation to gather evidence, identify the responsible party, and build a strong case.
- Negotiate with Insurance Companies: Lawyers handle negotiations with insurance companies to ensure you receive a fair settlement that covers your medical expenses, lost wages, and other damages.
- Represent You in Court: If a settlement cannot be reached, a lawyer can represent you in court to seek the compensation you deserve.
- Manage Legal Case: Dealing with Nebraska’s legal system can be challenging. A lawyer will ensure that your claim is filed on time, follows the necessary procedures, and complies with state laws.
Frequently Asked Questions
- What should you do immediately after a hit and run accident? Call the police, seek medical attention, and gather any available evidence such as photos or witness statements.
- Can you file a claim if the driver is unknown? Yes, you can file a claim under your uninsured motorist coverage if the driver is unidentified.
- What types of compensation are available? You may be eligible for compensation covering medical bills, lost wages, pain and suffering, and property damage.
- What evidence is needed to support a hit and run claim? Evidence can include police reports, medical records, witness statements, and any available video footage of the incident.
- Can you still get compensation if you are partially at fault? Yes, but the amount you receive may be reduced based on your percentage of fault in the accident.
- Do all insurance policies cover hit and run accidents? Not all policies include hit and run coverage, but many offer uninsured motorist coverage, which applies in these situations.
- How can a lawyer help with a hit and run claim? A lawyer can assist in gathering evidence, negotiating with insurers, and representing you in court if necessary.
Additional Resources
- Hit and Run Crashes: Prevalence, Contributing Factors, and Countermeasures: This AAA Foundation report reviews the frequency of hit and run crashes and contributing factors. It also highlights countermeasures states use to address these incidents.
- Reporting a Hit and Run: The Omaha Police Department provides a guide on what to do in the event of a hit and run, including steps for reporting the incident to authorities.
- Nebraska Law on Uninsured Motorist Coverage: This resource from the Nebraska Legislature explains the state’s laws regarding uninsured and underinsured motorist coverage.
Hire a Lawyer for Hit and Run Accidents in Douglas County Nebraska
The dedicated personal injury attorneys at Liberty Law Group are experienced in working with clients with a wide range of injuries. If you or a loved one have been injured and are suffering property or medical damage, contact our firm immediately at (402) 865-0501 or fill out our online contact form.
Our firm proudly serves the communities of Omaha in Douglas County, Lincoln in Lancaster County, Papillion in Sarpy County, and across the neighboring counties of Dodge, Cass, Washington, Saunders, and throughout Eastern Nebraska.
We also represent those charged in Iowa, including the communities of Council Bluffs in Pottawattamie County, Iowa, and surrounding areas.