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Omaha Car Accident Lawyers
Helping people injured in Omaha car accidents prepare for what comes next
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Car crashes happen without warning, leaving individuals and their families struggling in the aftermath. At Inserra Kelley Cooper Sewell, our Omaha personal injury lawyers have spent decades helping injury victims recover following severe vehicle accidents.
For more than 65 years, we’ve worked directly with our clients to achieve real, meaningful results in Omaha personal injury cases.
How We Can Help
- What should I do after a car accident in Omaha?
- Who can be held responsible for an Omaha car accident?
- What compensation can I recover after a car accident?
- What if the other driver is uninsured or underinsured?
- How long do I have to file a car accident claim in Nebraska?
- How can an Omaha car accident lawyer help?
- Where do serious car accidents happen in Omaha?
- Why choose Inserra Kelley Cooper Sewell?
- Omaha car accident FAQs
- Talk to an Omaha car accident lawyer
What should I do after a car accident in Omaha?
After a car accident, it’s not unusual to feel confused and overwhelmed. The first thing you should always do is protect yourself from secondary crashes and accidents, if possible. For instance, don’t exit the vehicle without first checking that it’s safe to do so. Next, be sure to get medical attention for anyone who sustained injuries. If you were hurt, go to a medical provider, even if you’re not sure your injuries are serious. Some injuries become more obvious after the initial adrenaline wears off. Just because the immediate pain isn’t that severe doesn't mean there is no injury. Get to a facility that can handle traumatic injuries, like the Nebraska Medical Center or CHI Health Creighton University Medical Center–Bergan Mercy, if you have serious injuries.
Other steps to take, if possible, include:
Exchange identifying and insurance information with the other involved parties
Photograph the vehicles, roadway, traffic signals/signs, skid marks, debris, visible injuries, and anything else relevant if it can be done safely.
Get names and contact information for witnesses
Avoid debating fault at the scene
Notify your own insurer (but be cautious about giving detailed statements or negotiating settlements before speaking to a lawyer)
Keep any medical bills, repair estimates, wage-loss information, receipts, and insurance correspondence.
Also, note that in Nebraska, you must report within 10 days any crash involving injuries, deaths, or at least $2,000 in apparent damage to the property of any one person, unless the crash was investigated by a peace officer.
Who can be held responsible for an Omaha car accident?
At first glance, determining who might be at fault in a car crash could seem relatively straightforward. However, this isn’t always the case. Sometimes additional parties might come into play, and overlooking those negligent and possibly liable parties can damage your ability to recover compensation. A few potentially at-fault parties include:
- Another driver
- The other driver’s employer
- The owner of the car (in limited circumstances and if different from the driver)
- A retailer that sold alcohol to an intoxicated minor whose negligence caused the crash (subject to statutory defenses)
- The applicable government entity, if the involved vehicle was a public bus, a police car, or otherwise publicly owned
Determining liability requires a careful factual analysis, including an investigation into the cause of the crash.
Common causes of car crashes
Here are a few possible causes of crashes:
- Rear-end collisions/following too closely
- Running a red light or a stop sign
- Failure to yield while turning
- Unsafe lane changes
- Speeding or driving too fast for conditions
- Distracted driving
- Impaired driving
- Fatigued driving
- Head-on and wrong-way collisions
- Multi-vehicle crashes
The involved vehicles may be cars, pickups, SUVs, or vans, and in some cases, commercial trucks.
What if both drivers share some fault?
It’s not uncommon for two or more drivers to be at fault for a crash. Fortunately for those injured in a crash that could be partially their fault, Nebraska's modified comparative negligence rule can still allow recovery. While it’s still possible to secure compensation, the amount may be reduced according to the injured person’s percentage of negligence. However, a person’s recovery will be barred if their negligence is equal to or greater than the combined negligence of the person or people from whom they are seeking to recover. In practical terms, this generally means that you must be less than 50% at fault to recover.
Here’s a simple example. Imagine you suffer $100,000 in damages in a car accident. You are found to be 20% responsible. Here, your recovery would be reduced to $80,000. At 50% responsibility, you could not recover any damages.
What compensation can I recover after a car accident?
Following a crash caused by another driver, your damages will depend largely on the actual losses you suffer because of the collision. Those losses fall into a few categories.
Economic losses
Economic losses are those you can calculate or at least estimate. For example, you might be able to collect for your:
- Emergency treatment and hospitalization
- Doctor and specialist visits
- Surgery
- Physical and occupational therapy and rehabilitation
- Medication and medical equipment
- Future medical needs (if evidence supports them)
- Lost wages
- Reduced future earning ability for lasting injuries
- Vehicle repairs or replacement
- Other reasonable out-of-pocket costs caused by the crash
Non-economic losses
Car crashes and injuries may involve many types of damages beyond your economic losses. The law also allows recovery for your:
- Physical pain and suffering
- Emotional distress and mental suffering
- Loss of enjoyment of ordinary activities
- Inconvenience and the effect of an injury on day-to-day life
Injuries that may require substantial treatment
In the case of catastrophic injuries, damages can be more complicated to calculate. These scenarios require special attention and analysis. Sometimes, it means we need an expert who can help calculate your actual damages. For instance, a traumatic brain injury could result in lifelong consequences and needs.
What if the other driver is uninsured or underinsured?
Don’t assume you are automatically out of luck just because the driver isn’t insured or has only minimal insurance. You may be able to file an uninsured motorist (UM) or underinsured motorist (UIM) claim. Uninsured driver coverage kicks in when the driver who causes the crash doesn’t have insurance. Underinsured driver coverage applies in cases where the at-fault driver had insurance, but their policy isn’t large enough to cover your injuries. Nebraska law requires automobile policies to provide UM and UIM bodily injury coverage with minimum limits of $25,000 per person and $50,000 per accident. The minimum automobile liability limits are $25,000 bodily injury per person, $50,000 per accident, and $25,000 property damage, which can quickly disappear if you suffer serious injuries, illustrating the need for UIM coverage.
It’s important to have an experienced lawyer identify all potentially applicable coverage so you don’t leave any possible sources for compensation on the table.
How long do I have to file a car accident claim in Nebraska?
In Nebraska, the general statute of limitations for negligence-based personal injury claims is four years. Never think that this means you have plenty of time to bring a claim. There are other reasons to act quickly, such as:
- Traffic-camera video footage may be overwritten
- Vehicles may be repaired or disposed of
- Witnesses become harder to find
- Memories fade
- Medical causation becomes harder to document when there is a delay in care.
Also, in a wrongful death action, the statute of limitations allows just two years to file after the death. Claims involving a city, county, school district, or other Nebraska political subdivision can also have substantially earlier requirements. For instance, the Political Subdivisions Tort Claims Act typically requires a written claim within one year and a suit within two years. This could matter in cases where a city-owned vehicle causes a wreck.
Another possible issue is that an uninsured or underinsured motorist claim may have a different deadline, particularly if the applicable insurance policy was issued in another state. Nebraska courts may enforce a shorter contractual deadline in an out-of-state policy when the law governing that policy permits it.
It’s best to realize that the deadline depends on the claim. Never assume you have a certain amount of time until you’ve spoken to an attorney.
How can an Omaha car accident lawyer help?
Inserra Kelley Cooper Sewell is here for our clients. We want to offer support throughout the process so that you can focus on healing. We are here to take over the legal and insurance side, because you have enough to worry about.
Some of the steps we can take for you include:
- Obtaining police reports and other crash records.
- Locating and interviewing witnesses.
- Seeking available surveillance/traffic video before it disappears.
- Preserving photographs and physical evidence.
- Reviewing vehicle damage and, in appropriate cases, electronic vehicle data.
- Working with reconstruction or other experts in serious/disputed crashes when necessary.
- Collecting medical records and documenting the relationship between the collision, treatment, prognosis, and future needs.
- Documenting wage loss and changes in earning capacity.
- Identifying all insurance policies that may provide coverage.
- Dealing with adjusters and defense attorneys.
- Preparing a demand only when the claim can be evaluated appropriately, rather than rushing an injured person into a settlement before recovery is understood.
- Filing suit and preparing for trial when settlement does not fairly resolve the case.
All of these actions are aimed at providing you with financial support to cover your expenses, losses, and pain related to the accident. All you need to do is reach out to discuss how we might approach your case.
Where do serious car accidents happen in Omaha?
Omaha drivers often encounter heavy commuter traffic, interstate freight traffic, major arterial intersections, work zones, winter weather, and other dangers. For instance, prior MAPA data indicates that 90th Street and West Dodge Road is the metro's busiest intersection, at about 91,000 vehicles per day. That’s a lot of traffic and creates plenty of chances for accidents to happen. Right near our office is the third-busiest local intersection in the city: 72nd Street and Dodge Street. We’re no strangers to the risks created by heavy traffic.
Omaha drivers also face crowded interchanges, like the I-80/I-680 interchange, which sees about 231,000 vehicles per day.
Reports indicate that 251 traffic fatalities took place on Nebraska’s roads in 2024. A Douglas County Sheriff's Office report identified 67 traffic-related deaths in Douglas County that year.
Why choose Inserra Kelley Cooper Sewell?
At Inserra Kelley Cooper Sewell, our attorneys have decades of experience handling car crash claims in Omaha. In fact, some of our attorneys spent years representing the insurance companies that we now pursue for damages on behalf of our clients. As a result, we know their tactics and how to combat them.
An Omaha firm with decades of history
As a firm, we’re committed to our Omaha community. We were founded and established in Omaha in 1960, which means that for over 65 years, we’ve been serving injured people in Nebraska. We’re proud of our Omaha roots and look forward to continuing our dedicated representation of locals in their injury claims for many years to come.
Trial preparation changes the insurance conversation
Our attorneys don’t just represent locals in negotiations with insurers; they actually try cases. As trial attorneys, we prepare every case with the possibility of a jury trial in mind. We understand how carriers evaluate claims, where they may try to minimize exposure, and when an insurer may be bluffing about taking a case to court. Because they know we are ready to take your case to court, they are more likely to make a reasonable settlement offer.
Not only are we experienced trial lawyers, but we’re also involved in training the next generation of litigators. Pat Cooper has coached multiple state-championship mock trial teams and one team that won a national championship.
Healing first and direct attorney relationships
We know that every new client deserves more than a quick telephone intake. Our team wants to meet clients so we can take the time to understand their injuries, family needs, work consequences, and recovery. Our clients communicate directly with an attorney who handles their case.
Results in serious auto cases
Our firm is proud of the results we’ve achieved for past clients. While past results can’t predict the outcome in future cases, we feel our track record is a good representation of the effort and care we put into each client’s claim. Some of our car accident results include:
What clients say
We believe that the most meaningful measure of our success comes from our clients.
"I was referred to IKCS after someone rear ended me. I’m so glad I took their advice! Bridgett, one of the paralegals there, was so nice and reassuring. My lawyer was Pat Cooper. He was phenomenal!! He listened and referred me to right doctors after my accident. I highly recommend IKCS!!"– Maurin S.
"Highly recommend IKCS! Pat Cooper did a great job explaining the process and kept me updated throughout. He listened and cared. I was very happy with my settlement in the end."– Kate M.
Omaha car accident FAQs
Can a passenger make a claim after an Omaha car accident?
Yes, an injured passenger may have a claim against the driver or drivers who negligently caused the collision. That may be the driver of the car they were traveling in at the time.
What happens if a rental car or rideshare vehicle is involved?
How long does a car accident claim take?
How much does it cost to hire a car accident lawyer?
Do you have an Omaha car crash lawyer near me?
Talk to an Omaha car accident lawyer
A serious collision can leave you facing difficult questions about your medical care and finances. We know how stressful this is for injury victims and their families. Inserra Kelley Cooper Sewell is here to handle your claim while you focus on your recovery. Call us today or fill out our contact form for a free consultation with one of our experienced personal injury attorneys.