3 steps to prove fault in a Nebraska car accident
Omaha, NE – When you are injured in a car accident, it is only natural to be mad at the other driver and to seek damages for all you’ve suffered. Unfortunately, proving fault in a car accident can be quite tricky and, if you’re not careful, you may lose your right to recover. You were there, you know what happened, but it is your truth. The other party may present their version of the events, their truth and then you have to think about the insurance adjuster and how they will see the truth. Keep in mind that insurance companies only care about their profits and it is in their best interests to find you at fault and deny or minimize your claim.
Here are a few tips to help you prove the other driver was at fault.
Do not admit to any part of the blame
Not at the crash scene, nor in any communications with the insurance company. Nebraska uses a modified comparative negligence rule. This allows you to recover damages even if you were partially to blame for the crash. However, if your percentage of fault is determined to be 50% or higher, you cannot recover any money.
If you talk to the other driver, don’t say anything that may suggest, even remotely, that you were somewhat to blame. For instance, don’t mention you were on the phone with your boss and you were very angry at the time. Or, don’t say that your kid in the backseat was complaining of a tummy ache and was driving you crazy. Such an admission will be put down as distracted driving and your damages will be reduced accordingly.
Collect evidence
Do not rely solely on the police report. There are things you can do before the police arrive at the scene. For instance, take pictures of the cars involved, trying to capture their exact position, before they are moved to the side of the road. Take photos of the damage to your car and make sure the license plate is visible so you have proof it was your car. It may sound crazy but you can expect an insurance adjuster to question whether it was your car in those photos.
Talk to the witnesses, write down any useful information they have to offer, and take their names and contact info. You cannot expect people to hang around until the police arrive.
Document the scene of the car accident
Look around for traffic signs (speed limits, stop signs, school zones, “no turn” signs, etc) and take pictures. Your Nebraska accident lawyers will visit the scene of the crash, but don’t want to give the other driver the chance to say that such and such sign was not clearly visible at the time of the crash.
Have a good look at the road conditions. If the road was strewn with debris from a nearby construction site, your lawyers may be able to build a case against them. Also, if there were potholes, you may be able to hold the local council accountable for what happened.
If you were recently injured in an accident caused by someone else’s negligence, schedule a free consultation with a knowledgeable attorney at the Rensch & Rensch Law firm, with offices in Omaha and Columbus, NE. Their attorneys work on a contingency fee basis, so you don’t owe them anything unless they win your case.
Contact info:
Toll-free: 800-471-4100
Omaha office: 7602 Pacific St #102, Omaha, NE 68114
Columbus office: 1470 25th Ave, Columbus, NE 68601
https://www.renschandrensch.com/
