Omaha Pedestrian Accident Lawyer
Pedestrian accidents can occur at crosswalks, in the middle of traffic intersections, in parking lots and parking garages, and even on sidewalks. A pedestrian is no match for a motor vehicle, and when a car or truck strikes one, the results can be catastrophic and deadly.
As is the case with most personal injury cases, the insurance company is not necessarily on your side after a pedestrian accident. Insurance adjusters may even go so far as to deny liability altogether, alleging that you somehow caused or contributed to the happening of the accident and your resulting injuries. If you or a loved one suffers injury in a pedestrian accident, an Omaha pedestrian accident lawyer from Inkelaar Law could represent you throughout your case and advocate for all your legal rights and interests.
Potential Injuries from Omaha Pedestrian Accidents
Pedestrian accident victims can sustain severe injuries which include the following:
- Soft tissue neck and back injuries;
- Cuts and bruises;
- Abrasions, scarring, or disfigurement;
- Broken bones; and/or
- Traumatic brain injuries.
These serious injuries often occur because pedestrians have little (if any) protection around them at the time of impact. your arms, legs, and heads are directly exposed and are likely to strike the ground or the vehicle which strikes them, potentially causing serious injuries or—in particularly serious cases—death.
Distracted and Negligent Driving in Pedestrian Accidents
Distracted driving can take many forms. In some cases, it involves looking away from the road, listening to loud music in the car, or roughhousing with passengers inside the car while driving. More commonly, it involves using a cellular phone or another wireless electronic device while behind the wheel, or texting while driving. When drivers engage in cell phone calls or text messaging while driving, they divert their attention away from what should be their sole responsibility at that time: driving safely and avoiding pedestrians and other vehicles.
When drivers are distracted behind the wheel of a car, the results can be catastrophic and potentially deadly. For example, distracted drivers are far more likely to miss a pedestrian while backing out of a parking space or when approaching a traffic intersection.
Negligent driving, on the other hand, usually involves failing to obey traffic laws and traffic signs, including traffic lights and pedestrian signals, while operating motor vehicles on the roadway. In the context of pedestrian accidents, negligent driving is particularly dangerous at intersections where pedestrians are likely to be walking or standing nearby.
Determining Liability in an Omaha Pedestrian Accident
Under Nebraska law, if you are deemed to be equally as negligent as—or more negligent than—the other party involved in your accident, you may not recover any damages. If, however, you are deemed less negligent than the driver, then your potential recovery is reduced by their percentage of fault. For example, if a court deems the driver to be 85 percent at fault for the accident, and you—the injured pedestrian—to be 15 percent at-fault since you were walking outside of the crosswalk lines, then you can recoup up to 85 percent of the available damage award.
In some cases, insurance companies try to show that an injured pedestrian caused or contributed to their accident and the injuries they sustained. For example, the insurance company may allege that at the time of the accident, you were walking outside of the crosswalk lines or in some other areas where pedestrians are prohibited.
Contact an Omaha Pedestrian Accident Attorney Today
If you sustain injuries as a pedestrian due to the negligent actions of a motor vehicle driver, time may be of the essence in your case. A knowledgeable Omaha pedestrian accident lawyer at Inkelaar Law could take prompt action to assist you with every aspect of your case, including obtaining monetary recovery for all of your injuries and damages.