When a child is injured in an Omaha motor vehicle accident, the claim may require careful review of medical records, child-restraint use, vehicle damage, insurance coverage, fault, and the child’s future medical needs. Nebraska law may also affect who can act for the child, how a settlement is completed, and which filing deadlines apply.
A child may be injured as a vehicle passenger, pedestrian, bicyclist, or occupant of a school bus or another form of transportation. Because children cannot generally manage their own legal claims, a parent, guardian, or another authorized representative may need to act on their behalf.
An Omaha personal injury attorney may examine the collision, explain the claim process, and help the family understand which Nebraska requirements may apply.
Children may suffer injuries in several types of traffic incidents, including:
The child’s position at the time of the accident can affect the evidence needed. A passenger injury claim may involve seat placement and restraint use, while a pedestrian or bicycle accident may require closer examination of visibility, traffic controls, driver speed, and the child’s movements before impact.
A child’s immediate safety and medical needs should come first. After emergency concerns have been addressed, parents and caregivers may consider several steps to preserve information about the collision.
Seek an Appropriate Medical Evaluation
Children do not always recognize or clearly describe their symptoms. A younger child may not know how to explain dizziness, numbness, headaches, or changes in vision.
Parents may notice symptoms such as:
Parents should communicate observed symptoms to qualified medical providers and follow the recommended treatment plan. Medical questions should be directed to a healthcare professional.
Report the Collision
If law enforcement responds, officers may record information about the drivers, vehicles, witnesses, roadway conditions, and apparent contributing factors. A police report does not necessarily resolve every question about responsibility, but it can provide useful identifying and investigative information.
Parents may want to obtain the report number and confirm which agency investigated the crash.
Preserve Photographs and Video
When it is safe to do so, photographs may document:
Nearby businesses, residences, traffic systems, dash cameras, or doorbell cameras may have recorded the accident. Because recordings can be deleted or overwritten, identifying possible video sources promptly may be important.
Collect Witness Information
Witnesses may leave before their information is included in the police report. Parents or another responsible adult may want to record each witness’s name, telephone number, email address, and a brief description of what the person observed.
Preserve the Child Restraint
A child safety seat or booster seat involved in a collision may become important evidence. Avoid discarding, altering, or returning it before determining whether it should be inspected or preserved.
Keep any available:
Parents should follow the manufacturer’s instructions and applicable safety guidance when deciding whether a restraint should continue to be used.
Nebraska law requires drivers to ensure that children are appropriately restrained.
Under Nebraska Revised Statute § 60-6,267:
The Nebraska Department of Transportation provides additional information about Nebraska’s child passenger safety requirements, inspection stations, and car-seat check events.
Does Restraint Use Determine Whether a Child Has a Claim?
Not by itself. Nebraska law states that violating the child-restraint requirements does not constitute prima facie evidence of negligence. It also provides that compliance with those requirements is not a defense to a child’s personal injury claim or a claim seeking medical expenses from a motor vehicle accident.
That rule appears in Nebraska Revised Statute § 60-6,269.
The use, installation, and condition of a child restraint may still become part of the factual investigation. However, an insurer should not treat compliance or noncompliance as automatically resolving responsibility for the child’s injuries.
A claim involving a child passenger may require more than the police report and initial medical bill. Depending on the circumstances, relevant evidence may include:
The investigation may also consider who owned each vehicle, whether a driver was working at the time, and whether another insurance policy could apply.
When a driver strikes a child who is walking or riding a bicycle, the investigation may focus on several factors:
The child’s age and ability to recognize a particular traffic danger may also matter. A child’s conduct should not automatically be evaluated as if the child had the judgment and experience of an adult.
Because fault determinations are fact-specific, the scene evidence and applicable law should be reviewed carefully.
A transportation accident involving a school bus, public school, daycare provider, or government-operated vehicle can raise additional questions.
The investigation may examine:
If a public school district, city, county, state agency, or another political subdivision may be responsible, special notice and procedural requirements can apply. Government-related claims should be reviewed promptly because they may not follow the same process as an ordinary insurance claim against a private driver.
The full effect of a child’s injury may not be clear immediately after the accident. Some children recover quickly, while others may need ongoing treatment or experience difficulties that affect school, physical activity, sleep, or emotional well-being.
Parents may consider maintaining an accurate record of:
The record should describe what actually occurred without exaggeration. Medical professionals should determine the diagnosis, treatment needs, and expected recovery.
The losses that may be considered depend on the child’s injuries, the available evidence, insurance coverage, and Nebraska law. Potential categories may include:
A child’s legal claim may be separate from a parent’s claim for certain expenses. The person to whom a particular claim belongs can affect who may settle it and which deadline applies.
Nebraska uses a modified comparative-negligence system. Under Nebraska Revised Statute § 25-21,185.09, negligence attributed to a claimant generally reduces the damages proportionately. Recovery is barred when the claimant’s negligence is equal to or greater than the combined negligence of the parties from whom compensation is sought.
A claim involving a child requires additional care. A young child’s ability to understand and avoid a traffic danger may differ from that of an adult or older teenager. Age, intelligence, experience, and the specific circumstances may be relevant when the child’s conduct is questioned.
Possible disputes may involve whether:
These questions should be decided through evidence rather than assumptions based solely on the child’s age or conduct.
A minor generally cannot independently manage a personal injury claim or sign a binding settlement release. Nebraska law permits certain legal actions to be taken on behalf of a child.
Nebraska Revised Statute § 25-307 addresses actions involving minors and recognizes that a claim may be pursued through a guardian or next friend.
Nebraska also provides procedures for certain settlements entered into by a person with legal custody of a minor. Those provisions appear in Nebraska Revised Statute § 25-3110.
The proper process may depend on:
Families should understand the settlement process before signing a release or agreeing to the distribution of funds.
Nebraska generally establishes a four-year period for many actions involving an injury to a person’s rights under Nebraska Revised Statute § 25-207.
Nebraska Revised Statute § 25-213 contains a tolling provision that may affect certain legal claims belonging to people who were minors when the claims accrued.
However, families should not assume that every deadline is suspended until the child becomes an adult. Different rules or exceptions may apply when:
Prompt investigation may also be important even when the filing deadline has not expired. Vehicles can be repaired, video can be overwritten, physical evidence can be discarded, and witnesses’ memories can fade.
An insurance adjuster may request a statement, medical authorization, photographs, or other documentation. Parents should understand the scope and purpose of each request before responding.
A broad medical authorization may provide access to records unrelated to the accident. A recorded statement may also become part of the insurer’s evaluation of fault and injuries.
Before accepting a settlement, parents may want to determine whether:
Accepting a settlement too early can be a concern when the child’s prognosis or future treatment needs remain uncertain.
Parents considering legal guidance may want to ask:
The answers depend on the facts of the collision, the people or organizations involved, and the nature of the child’s injuries.
Motor vehicle claims involving injured children may become more complicated when questions arise about fault, insurance coverage, medical causation, child-restraint use, the long-term effects of an injury, or who is authorized to resolve the child’s claim.
Evaluating these issues may require reviewing crash reports, photographs, video recordings, witness statements, medical records, vehicle-damage documentation, insurance policies, child-restraint information, and communications with insurance adjusters. Organizing this evidence may help clarify what remains disputed and which matters require closer review.
If your child was injured in a motor vehicle accident in Omaha, Inkelaar Law can help you understand the factors that may affect the claim. The firm can also discuss issues that may deserve consideration before providing a recorded statement, accepting a settlement, signing a release, or allowing an applicable legal deadline to pass.
You may contact Inkelaar Law to request a free consultation.
Call: 1-833-INK-WINS
Visit: inkwins.com
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Serving Omaha, Douglas County, and communities across Nebraska.
Disclaimer: The information in this article is intended for general educational and informational purposes only. It is not legal advice and should not be interpreted as legal advice for any specific situation. Reading this content does not establish an attorney–client relationship. If you have questions about your circumstances or need guidance on a legal matter, consider consulting with a licensed attorney in your state.
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