Omaha Pedestrian Accident Attorney
Legally Reviewed By: Robert M. Knowles
Attorney & Partner At Knowles Law Firm
Every day, people cross Omaha’s streets, walk through parking lots, and walk through neighborhoods, trusting drivers to follow the rules of the road. When a driver fails that basic responsibility, the results can be devastating. Pedestrians have no protection when struck by a vehicle, and the injuries that follow can include broken bones, traumatic brain injuries, spinal damage, and worse. According to the CDC, over 8,000 pedestrians were killed on U.S. roads in 2022 alone, with an estimated 140,000 more treated in emergency rooms for non-fatal injuries.
If you or someone you know was struck by a vehicle in Omaha, Knowles Law Firm may be able to help. Our family-owned firm has served Nebraska injury victims for more than 55 years, and we handle pedestrian accident cases with the same personal attention we give every client. Unlike large billboard firms, we believe in quality over quantity. When you work with us, you work directly with an attorney.
Who Can Be Held Liable After an Omaha Pedestrian Accident?
Determining fault in a pedestrian accident depends on the specific facts of the case. In many situations, the driver of the vehicle is primarily responsible. However, other parties may also share liability depending on what caused the accident.
Common liable parties in pedestrian accident cases include:
- A distracted or negligent driver who failed to yield, ran a red light, or was not paying attention
- A drunk or impaired driver operating a vehicle unsafely
- A municipality or property owner responsible for poorly designed crosswalks, broken sidewalks, or inadequate signage
- An employer whose employee was driving a commercial vehicle at the time of the accident
Identifying every liable party is critical to recovering full compensation. Our attorneys investigate each case thoroughly to make sure no responsible party is overlooked.
What About Distracted Driving?
Distracted driving is one of the leading causes of pedestrian accidents in Omaha and across Nebraska. Drivers who are texting, adjusting music, or otherwise not watching the road may not see a pedestrian until it is too late. When distraction causes an accident, the injured pedestrian has the right to pursue a legal claim against that driver.
What Compensation Can an Omaha Pedestrian Accident Victim Recover?
Pedestrian accidents can result in serious financial and personal losses. Victims may be entitled to compensation for a wide range of damages. The amount depends on factors including the severity of injuries, the impact on daily life, and whether long-term care is needed.
Recoverable damages may include:
- Medical bills, including emergency care, surgeries, and ongoing rehabilitation
- Lost wages and reduced earning capacity if injuries prevent a return to work
- Pain and suffering resulting from physical injuries and emotional distress
- Property damage, such as a damaged bicycle, wheelchair, or other personal items
In cases involving fatalities, surviving family members may be able to pursue a wrongful death claim to seek compensation for their loss.
How Does Nebraska Law Apply to Pedestrian Accident Cases?
Nebraska follows a modified comparative fault rule, which means your ability to recover compensation may be reduced if you are found partially at fault for the accident. As long as you are less than 50% responsible, you may still recover damages. However, your compensation will be reduced by the percentage of fault you bear.
For example, if a driver ran a red light but you crossed outside a designated crosswalk, a court might assign some fault to you. This underscores the importance of having an attorney review the details of your case before accepting any settlement offer from an insurance company.
How Long Do You Have to File a Pedestrian Accident Claim in Nebraska?
Nebraska has a four-year statute of limitations for personal injury claims. While four years may seem like enough time, evidence can disappear quickly after an accident. Witness memories fade, surveillance footage gets deleted, and accident scenes change. Taking action sooner rather than later gives your case a stronger foundation.
Where Do Pedestrian Accidents Happen Most Often in Omaha?
Pedestrian accidents in Omaha tend to occur in predictable locations. High-traffic intersections, busy commercial corridors, and poorly lit roadways see a disproportionate share of incidents. Areas near schools, bus stops, and downtown streets are also common sites.
If you were injured while walking in Bellevue or another part of the metro area, our pedestrian accident attorney is available to assist. We serve clients throughout the greater Omaha area and across Nebraska, including those in Lincoln who may benefit from a Lincoln pedestrian accident lawyer.
Contact Knowles Law Firm for a Free Omaha Pedestrian Accident Consultation
Pedestrian accident cases involve serious injuries, insurance companies working to minimize payouts, and legal deadlines that can close the door on your claim. This page has outlined who may be liable after an accident, what types of compensation you may be able to pursue, how Nebraska’s fault laws may affect your case, and why acting quickly matters.
Knowles Law Firm has spent more than five decades standing up for injury victims across Nebraska. Our multi-generational team of attorneys is ready to review your case and help you determine your next steps. To get started, visit our contact form to schedule a free consultation.
Frequently Asked Questions About Pedestrian Accident Claims
Who is liable for paying my medical bills after a pedestrian accident?
The at-fault driver is typically responsible for covering your medical bills after an accident, holding financial responsibility for the damages. If the accident resulted from the driver’s negligence, such as speeding or violating traffic laws, their insurance should cover your medical expenses. Consulting with an lawyer can ensure that all damages, including bills, are properly addressed in your claim.
How can a pedestrian accident lawyer help me after being hit by a car in Omaha?
An experienced attorney can provide legal assistance in gathering evidence, proving negligence, and negotiating with insurance companies. Whether you are dealing with medical expenses or filing a claim against the responsible driver, lawyers will help you maximize your compensation and ensure your rights are protected.
What damages can I recover in an Omaha pedestrian accident case?
In an Omaha pedestrian accident case, you can recover damages such as past and future medical bills, lost wages, pain and suffering, and emotional distress. If the at-fault driver acted recklessly, you may also be eligible for punitive damages. Consulting with an Omaha pedestrian accident lawyer can help you calculate and pursue these legal claims.
Can I file a lawsuit if I’m partially at fault for a pedestrian accident?
Yes, in Nebraska, you can still file a claim even if you’re partially at fault for the accident. Nebraska follows comparative negligence laws, meaning your compensation may be reduced by your percentage of fault. A pedestrian accidents attorney can evaluate your case and help you navigate this process to ensure a fair outcome.
About Our Attorney
Robert M. Knowles
Attorney & Partner at Knowles Law Firm
Robert has tried cases in both state and federal courts and was selected as one of the top 100 litigation lawyers in Nebraska for 2014 by the American Society of Legal Advocates. Less than 1.5 percent of lawyers nationally are selected for this recognition. He is rated AV by Martindale-Hubbell which is the highest rating an attorney can obtain. He was also selected by Martindale-Hubbell as a 2019 Top Rated Lawyer.
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