Pedestrian Accidents

Pedestrian Accident Attorneys In Omaha, Nebraska

Being involved in an accident is a scary experience, but it can be more traumatizing if you are a pedestrian and find yourself hit by an oncoming car. There are laws in place to help if you’ve been in a pedestrian accident, but you may need help pursuing a personal injury claim and proving fault. At Salerno & Leavitt, we have over 30 years of experience helping clients find success with personal injury claims, and we are ready to help you too. If you are in the Omaha, Nebraska, Council Bluffs, Iowa area, call us today to start working toward the compensation you deserve.

Determining Liability

The most crucial part of personal injury cases is determining liability. If you’re a pedestrian hit by a car, the driver is almost always responsible. However, a pedestrian must exercise reasonable care when crossing streets, walking near traffic, or driveways. For example, the right of way law states that cars are required to yield to pedestrians when people are crossing at a marked or unmarked crosswalk; however, if a pedestrian is crossing elsewhere, it is required to yield the right of way to oncoming traffic. If you can prove the driver had a reasonable responsibility to protect the pedestrian, and neglect that duty, you will generally have grounds for a claim for your injuries.

Other hazardous circumstances resulting in a pedestrian accident include falling and injuring yourself on a defective sidewalk, cracks in the pavement, unclean areas, or snowy and icy conditions. Each of these hazards contributes to an accident.

Fault Determination

Determining fault differs between Nebraska and Iowa. Nebraska is a comparative fault state which means liability is shared between the victim and the driver. But, if the victim is found to be more than 50% at fault, the victim cannot seek damages. Iowa is known as a modified comparative fault state. Like Nebraska, fault in Iowa is shared among multiple parties, but if the victim is more than 51% responsible, the victim is barred from seeking damages. In both states, the amount of compensation you ultimately receive is reduced by your portion of fault.

Damages Available

You can seek any damages that are directly related to your injury; therefore, the extent to what you receive depends on your specific situation. Typically you can pursue compensation related to medical expenses, lost wages, and pain and suffering.

Statute of Limitations

The statute of limitations refers to the time frame you have to file a personal injury or wrongful death claim. In Iowa, you have two years from the date of the accident to file, but in Nebraska, you have four years. You must start your claim before this time period is over, or else your claim is thrown out.

What Steps Should You Take Next?

It can be hard to think of the correct steps to follow immediately after an accident. The most crucial step is to get medical attention as soon as possible. You should always seek medical attention, even if you do not show any signs of injury. Many times injuries will not be noticeable at first, and you’ll need to provide medical evidence along with your claim. The next step is to contact one of our experienced personal injury attorneys. Both of our personal injury attorneys can help you gather evidence for a claim and negotiate any settlements on your behalf.

If you’re representing a loved one who was incapacitated or lost life due to a pedestrian accident, you first must ensure you’re the legal personal representative of the deceased. You’ll also need to work closely with one of our attorneys to gather the documentation to pursue your claim. This can include medical records, receipts from funeral expenses, proof of employment and salary, and any other evidence associated with the accident.