Liability in Omaha Pedestrian Accident Cases
Pedestrian accidents could cause severe injuries that last a lifetime or may even be fatal. If you are the victim of a pedestrian injury, you may be able to seek compensation under the law.
One of the first tasks of a pedestrian accident attorney is to determine who is legally responsible for the incident. Once they have determined potential liability in an Omaha pedestrian accident case, one of the attorneys from Inkelaar Law could name defendants in a lawsuit and demand damages on your behalf. You should be aware, however, that multiple parties may be liable and, in some cases, you may bear some liability yourself.
Proving Defendant Liability with Negligence
Negligence is a legal concept that can be loosely defined as not acting in a manner which another reasonable person in similar circumstances would. When someone acts negligently and causes an accident as a result, they may be liable for the damages they cause.
To render a verdict in favor of a pedestrian accident victim, the court must be convinced that:
- The defendant owed the plaintiff a duty
- The duty was breached
- The breach of duty directly caused an accident
- The accident caused compensable damages to the plaintiff, such as lost wages, medical bills, and pain and suffering
If the plaintiff and their attorney cannot establish all these points to the jury with the use of evidence, the court will almost always decide the case in favor of the defendants. Our skilled lawyers could use accident reports, witness testimony, medical expert testimony, videos, and pictures as evidence to prove the existence of these elements of legal negligence.
It is not uncommon for multiple defendants to bear liability in Omaha pedestrian accident lawsuits. Potential defendants could include the drivers of multiple vehicles, those responsible for maintaining the roads or traffic signals, or manufacturers of cars or specific components of cars.
For economic damages, Nebraska defendants may face joint and several liability. Under Nebraska Revised Statutes §25-21,185.10, though, non-economic damages are subject to several liability only.
With joint and several liability, plaintiffs in Omaha pedestrian accident cases may pursue damage payments from any one party as if they were all liable. The defendants are responsible for determining their own respective percentages of liability and appropriate payments.
Plaintiff Liability in Omaha Pedestrian Accident Lawsuits
Potential plaintiffs need to be aware that a judge or a jury may find them wholly or partially liable for their damages. While some states bar plaintiffs from any recovery if they are found to be even one percent at fault, Nebraska is not one of them.
Under Nebraska Revised Statutes §25-21,185.09, plaintiffs who are less than 50 percent liable for their injuries could still recover damages. The court would determine their percentage of liability, and that percentage would be used to reduce their recoverable damages accordingly.
Determining Liability in Omaha Pedestrian Accident Cases with a Lawyer’s Help
Determining liability in Omaha pedestrian accident cases is just one of the critical tasks an attorney from Inkelaar Law could provide for you. We could also research and collect evidence to find out how much your case may be worth and potentially settle your case before even going to trial. Call today to learn more about the legal options available to you.