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Omaha Pedestrian Accident Lawyers
Strong representation for pedestrians injured by drivers
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You can do everything right as a pedestrian and still be badly hurt by someone who is not paying attention. For example, a driver glances down at a phone, someone rolls through a crosswalk while making a turn, or a vehicle backs through a parking lot without checking behind it — there are so many ways a pedestrian can be injured by a negligent driver.
At Inserra Kelley Cooper Sewell, we help injured pedestrians and their families put the pieces back together after serious accidents. We investigate what went wrong, handle insurance issues, and build a claim that reflects what the injury has actually cost you.
How We Can Help
- Why pedestrian accidents can cause serious injuries
- Nebraska pedestrian and crosswalk laws
- Common causes of pedestrian accidents
- Where pedestrian accidents happen
- Who can be held responsible?
- Evidence that may prove fault
- Compensation after a pedestrian accident
- What if the pedestrian was partly responsible?
- How long do you have to file a claim?
- What should you do after a pedestrian accident in Omaha?
- Omaha pedestrian accident lawyer frequently asked questions
- Do you have an Omaha pedestrian accident lawyer near me?
Why pedestrian accidents can cause serious injuries
A pedestrian has no protection to absorb the impact of a collision. When a person is struck, the initial impact can cause serious injuries, and additional injuries can occur when they hit the pavement or another hard object.
Pedestrian accidents can result in:
- Traumatic brain injuries
- Spinal cord injuries
- Broken legs, arms, hips or ribs
- Internal injuries
- Crush injuries
- Severe cuts and scarring
- Knee and shoulder injuries
- Permanent disability
- Psychological trauma
- Wrongful death
Recovery may involve more than just an emergency room visit. Some injured pedestrians may need multiple surgeries, physical therapy, mobility equipment or substantial time away from work.
Our job at Inserra Kelley Cooper Sewell is to understand that full picture before an insurance company tries to put a number on the case.
Nebraska pedestrian and crosswalk laws
Nebraska law gives pedestrians important protections at crosswalks.
When traffic-control signals are not present or operating, a driver must yield to a pedestrian crossing within a crosswalk when the pedestrian is in the driver’s lane or the lane immediately next to it. The statute requires the driver to come to a complete stop.
The law also prohibits a driver from passing another vehicle that has stopped at a marked or unmarked crosswalk to let a pedestrian cross.
Pedestrians have responsibilities, too. A person should not suddenly step from a curb into the path of a vehicle that is too close to stop. When crossing outside a marked crosswalk or an unmarked crosswalk at an intersection, pedestrians generally must yield to vehicles.
Where sidewalks are available and practical to use, Nebraska law generally requires pedestrians walking along a roadway to use them. Where neither a sidewalk nor shoulder is available on a two-way highway, pedestrians generally walk near the edge on the left side, facing traffic.
These rules can become important when an insurer argues over fault, but no single fact should be considered in isolation.
Common causes of pedestrian accidents
Pedestrian crashes often happen because a driver fails to notice someone who is plainly part of the traffic environment. Common causes include:
- Distracted driving
- Speeding
- Failure to yield at a crosswalk
- Drivers turning while watching vehicle traffic instead of pedestrians
- Running a red light or stop sign
- Impaired driving
- Backing crashes
- Poor visibility
- Aggressive driving
- Failure to slow for traffic or weather conditions
Intersections are not the only danger. People can also be hit while walking through parking lots, crossing driveways, getting to a parked vehicle or walking near a roadway.
Who can be held responsible for a pedestrian accident?
The driver who caused the crash may be liable for the pedestrian’s injuries, but some cases involve additional parties. Potentially responsible parties may include:
- A negligent driver
- A driver’s employer
- A commercial vehicle company
- A property owner
- A vehicle or component manufacturer
- A governmental entity responsible for certain dangerous roadway conditions
Our experienced Omaha attorneys can investigate and determine if more than one party contributed to the crash.
Evidence that may prove fault
Pedestrian accidents often happen quickly, and the injured person may have no memory of the impact. That does not mean the evidence disappears. A pedestrian accident claim may be supported by:
- Police reports
- Witness accounts
- Traffic-camera footage
- Business or residential surveillance video
- Dash-cam footage
- Cell phone data
- Vehicle event-data recorders
- Photographs of the scene
- Skid marks or vehicle debris
- Traffic-signal timing
- Medical records
- Accident-reconstruction analysis
The sooner an investigation begins, the better the opportunity to locate evidence before it is lost or destroyed.
Compensation after a pedestrian accident
Compensation depends on injuries and available evidence. Typically, a pedestrian accident claim may seek compensation for:
- Emergency and hospital care
- Surgery
- Rehabilitation and physical therapy
- Future medical treatment
- Pain and suffering, including loss of enjoyment of life
- Lost wages
- Reduced earning capacity
- Emotional distress
- Permanent disability
- Scarring or disfigurement
When an injury permanently affects someone’s ability to walk, work, live independently or participate in family life, we look beyond the immediate bills and consider the long-term consequences.
What if the pedestrian was partly responsible?
Pedestrian accident cases are not always all-or-nothing.
Under Nebraska’s modified comparative negligence law, an injured person’s damages may be reduced if they share some responsibility for the accident. If their negligence is equal to or greater than the combined negligence of the parties they are pursuing, however, they cannot recover. For example, an insurance company might argue that a pedestrian crossed outside a crosswalk or was distracted while stepping onto the street. Whether that conduct caused or contributed to the collision depends on the evidence.
Do not assume an accusation of fault means that you do not have a pedestrian accident case.
How long do you have to file a pedestrian accident claim?
Nebraska generally provides four years for many personal injury actions. But not every pedestrian case follows that deadline. Claims involving a city, county or another political subdivision can involve a written claim requirement within one year and a different lawsuit deadline. Claims involving the State of Nebraska also have special procedures.
Waiting can create evidence problems even when the legal deadline is years away. Surveillance footage may be deleted quickly, and witnesses are easier to locate shortly after a crash.
What should you do after a pedestrian accident in Omaha?
The moments after being hit by a vehicle can be confusing. You may be in pain, shaken up or unsure exactly what happened. If you are able, getting medical attention should come first. Some injuries are obvious immediately, while others may become more noticeable in the hours or days after the crash.
It can also help to preserve as much information as possible. That may include getting the driver’s name and insurance information, taking photographs of the vehicle and accident scene and getting contact information from anyone who saw what happened. If nearby homes or businesses have security cameras, make a note of their locations. That footage may not be kept forever.
Be careful about discussing the accident with an insurance company before you understand your injuries and your legal options. An adjuster may ask for a recorded statement or encourage you to resolve the claim quickly. You do not have to guess about the long-term effects of an injury just days after being hit.
If you cannot gather evidence yourself, that is okay. Serious pedestrian injuries can leave someone hospitalized or unable to return to the scene. An attorney can investigate on your behalf and begin looking for evidence while you focus on recovering.
Omaha pedestrian accident lawyer frequently asked questions
What if I was hit while crossing outside a crosswalk?
You may still have a claim. Pedestrians crossing outside certain crosswalks generally must yield to traffic, but drivers still have a duty to operate their vehicles with reasonable care. Fault depends on the circumstances.
What if the driver received a ticket?
What if I was hit in a parking lot?
What if the driver left the scene?
Should I accept an insurance company’s settlement offer?
Do you have an Omaha pedestrian accident lawyer near me?
Yes. Inserra Kelley Cooper Sewell is located at 6790 Grover Street, Suite 200 in Omaha.
We represent people and families throughout Nebraska and approach serious pedestrian cases with the same standard we bring to every case: prepare it as though it may ultimately be tried.
Contact an Omaha pedestrian accident lawyer
After being hit by a vehicle, your attention should be on medical care and getting your life back — not tracking down video, arguing with insurers or trying to figure out what your claim is worth.
Inserra Kelley Cooper Sewell offers free, confidential consultations. Contact us today. Tell us what happened. We can explain your options and take the legal burden from there.