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Omaha Hit-and-Run Accident Lawyers
Experienced legal representation for victims of hit-and-run accidents in Omaha
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If you’ve been involved in a hit-and-run collision, you probably already know how helpless these crashes can make people feel. We count on our neighbors to do their part after a car accident, and when someone shirks their responsibilities after a crash, innocent people can be left behind to suffer the consequences.
In addition to being infuriating and, at times, perplexing, hit-and-run accidents can also be remarkably dangerous. According to a study by AAA, nearly 15% of all police-reported collisions in 2023 involved a driver who fled the scene, the highest percentage recorded in recent years. It can feel like adding insult to injury to watch the person who injured you drive away without taking any accountability, and that’s just the tip of the iceberg.
When an at-fault driver flees the scene of a car accident, injured victims can be left without the information they need to recover the compensation they need to pay for their medical treatment and other expenses. A crash survivor may need to get the police involved in their case or pursue alternative options for pursuing compensation and accountability.
At Inserra Kelley Cooper Sewell, we understand how mind-boggling these cases can be, and how important it is for victims of hit-and-run accidents to have access to reliable legal support. Just because the other driver left you behind without a second thought doesn’t mean you aren’t deserving of justice. Contact our team today to schedule a free consultation, and let’s discuss what paths might be available to help you fight for the compensation and accountability you deserve.
How We Can Help
- What is a hit-and-run accident?
- Who is at risk of a hit-and-run crash?
- Why do drivers flee?
- How does insurance work in a hit-and-run accident?
- How an Omaha hit-and-run accident lawyer can help
- Why choose Inserra Kelley Cooper Sewell to represent you?
- Frequently asked questions about Omaha hit-and-run accidents
What is a hit-and-run accident?
In most cases, a hit-and-run crash is one in which a party involved in the crash flees the scene of the accident rather than staying to exchange information with the other driver(s). Some drivers will strike a vehicle and immediately continue on as if nothing had happened. Others may stop briefly only to get back in their car and leave the area without exchanging legally required information.
When one driver leaves without providing their information, it makes it difficult, if not impossible, for the other involved party to file a claim against them for their losses. License plate information or other identifying details may help police track down a fleeing driver in some cases, but it’s not uncommon for these investigations to end without resulting in a positive identification. When this happens, the injured party must explore alternative avenues for recovering compensation for their accident-related losses.
Who is at risk of a hit-and-run crash?
Passenger cars aren’t the only motor vehicles that can be involved in a hit-and-run accident. Motorists can potentially collide with many different kinds of vehicles, as well as humans and stationary objects. If a driver strikes something and doesn’t follow the appropriate steps to exchange information or leave their information, the accident could be considered a hit-and-run.
Pedestrians, cyclists, construction workers, NDOT employees, business owners, and homeowners can all fall victim to a hit-and-run accident. Additionally, if a driver hits a parked car and leaves the scene of the accident without trying to find the owner or leaving their contact information behind, this could constitute a hit-and-run under Nebraska law.
When a hit-and-run involves a cyclist or pedestrian, the potential for serious harm can skyrocket. A road service worker or passerby doesn’t have the same kind of protection that a vehicle passenger would in a crash. This leaves them vulnerable to potentially catastrophic injuries in the event that they are struck by a passing vehicle. The harm associated with these collisions is only exacerbated in situations where the at-fault driver speeds away from the scene without claiming responsibility.
Why do drivers flee?
When you get your driver’s license, you agree to follow all relevant traffic laws, including those related to the duty to stop after an accident. People may choose to violate these requirements for many different reasons, and sometimes we never get the answers we hope for in these cases. In our experience, however, there are some common motivators we encounter in situations involving fleeing drivers. Some of these reasons include:
Lack of insurance
If a driver knows they don’t have adequate insurance coverage, they may flee the scene of an accident to avoid having to pay out of pocket for damages they caused. In Nebraska, all drivers are required to carry auto insurance coverage that complies with the state’s mandatory minimums. Driving without insurance has both financial and legal implications for an at-fault driver, which is why some uninsured or underinsured motorists attempt to flee rather than own up to their actions.
Driving an unregistered vehicle
Minus a few narrow exceptions, all motor vehicles parked or operated on Nebraska highways are required to be registered. Just like an uninsured driver, a driver of an unregistered vehicle may choose to flee the scene of an accident because they’re afraid of the legal consequences that may await them. Driving an unregistered vehicle could be grounds for misdemeanor charges, so some drivers may think it’s a better idea for them to leave the scene of a crash rather than face potential law enforcement action.
Driving without a license
If a driver involved in an accident doesn’t have a valid license or is driving on a suspended license, they might think it’s in their best interest to flee the scene rather than risk having their license status discovered. In addition to the legal consequences associated with driving without a license, an insurance company may also dispute coverage if the policyholder was driving on a suspended or invalid license at the time of the crash.
Alcohol or drug impairment
Some hit-and-run accidents involve drivers who are under the influence of drugs or alcohol. Impaired drivers may also worry about facing legal consequences if they stop to tend to a crash. In some cases, an impaired driver may not even fully realize the extent of the harm they caused. If an impaired driver panics about the possibility of a DUI arrest, they may choose not to stop or exchange information after causing an accident.
What all of these scenarios have in common is the fear of consequences. Drivers who were perhaps not following the law to begin with may be particularly likely to flee the scene of an accident instead of facing the music. In the chaos following a crash, it may seem like a safer bet for these individuals to drive away without taking accountability. In the long run, however, choosing to flee the scene of an accident may only open an individual up to the risk of harsher legal consequences than they might have faced originally.
How does insurance work in a hit-and-run accident?
Nebraska auto insurance policies are required to include uninsured motorist (UM) and underinsured motorist (UIM) coverage. As the name would suggest, uninsured motorist coverage is meant to protect policyholders in the event that they are involved in an accident with an uninsured driver. Underinsured motorist coverage, on the other hand, can be used to fill in certain coverage gaps if the at-fault driver does not have adequate liability coverage for your losses.
If a hit-and-run driver cannot be located after a crash, you may be able to use your UM benefits to cover certain accident-related losses. In Nebraska, drivers must carry coverage of at least $25,000 per person and $50,000 per accident for bodily injury, and you may be able to access some or all of this coverage depending on the nature and extent of your losses.
If you’re lucky enough to locate the driver who initially fled the scene of your accident, the insurance process will look like any other motor vehicle accident claim, assuming the driver in question has their own insurance. If the fleeing driver caused your crash, you can file a claim against them for compensation. If your damages exceed the amount of coverage available to you, you may be within your rights to file a civil lawsuit against the at-fault driver to recover additional compensation.
How an Omaha hit-and-run accident lawyer can help
Hit-and-run cases can get complicated, and it can be incredibly helpful to have an experienced attorney on your side while you work through the stages of your case. An attorney’s input can be invaluable even during the early stages of the insurance process, as experienced professionals can advise you of what you should and should not say to insurance adjusters.
You should never assume that just because the other involved driver fled the scene of the accident, your insurance company will automatically find them at fault. On the contrary, if you caused or contributed to a crash, your recovery options will likely be limited – despite the fact that the other driver broke the law by leaving the scene. An attorney can help you safeguard your rights and wade through any insurance disputes that may arise during the claims process.
In the event that the other driver is identified, an attorney can help you determine whether filing a lawsuit for additional compensation would be a wise decision based on the facts of your case. If you move forward with such a claim, you’ll want to partner with a reliable local attorney who can shepherd your case through the system while fighting for the best possible outcome available under the law.
Why choose Inserra Kelley Cooper Sewell to represent you?
After a hit-and-run accident, you deserve to work with a legal team that understands the complexities of these cases and is prepared to do whatever it takes to fight for your rights. These cases often come with an added layer of inconvenience and irritation, and it can be hard to know where to turn when you’re ready to pursue compensation.
For over 65 years, the attorneys at Inserra Kelley Cooper Sewell have been fighting for plaintiffs in and around Omaha. In the past five years alone, our team has secured over $50 million for plaintiffs in Nebraska and Iowa, and we are firmly committed to continuing in our pursuit of excellence.
We believe it’s important to support our clients during their healing process and not just during the legal process. In every case we take on, we do our best to ease the burden so the people we represent can focus on their physical and emotional recovery before worrying about their financial recovery. We offer free consultations to prospective clients and are happy to answer questions, regardless of where an accident victim is in the legal process.
Frequently asked questions about Omaha hit-and-run accidents
What are the consequences for fleeing the scene of a car accident?
If a driver flees the scene of an accident involving property damage only, they may be found guilty of a Class II misdemeanor (or Class I misdemeanor if they have been convicted of fleeing the scene within the past 12 years). If an accident results in injuries, a fleeing driver may be convicted on felony charges and subject to much harsher penalties.
What if I contributed to the accident?
What if the other driver is never found?
How long do I have to file a hit-and-run claim in Nebraska?
Do you have a hit-and-run accident lawyer near me?
Speak to an Omaha hit-and-run accident attorney
If you were injured in a hit-and-run accident in or around Omaha, there may still be hope for your case. Whether the other driver has already been identified or has yet to be tracked down, you deserve to know exactly what legal options are available to you so you can make the right decision when the time comes.
The experienced attorneys at Inserra Kelley Cooper Sewell are here to help guide you through the legal process and serve as the advocates you need during what may be a difficult and confusing time. Give us a call today or stop by our Omaha office at 6790 Grover Street, Suite 200, to schedule a free consultation with a member of our team. We’ll take the time to learn about your case and advise you of any possible paths worth pursuing based on its current status.