Legally Reviewed By: Robert M. Knowles
Attorney & Partner At Knowles Law Firm
Changing lanes on a road or highway in Nebraska is a dangerous maneuver that can result in a serious car accident if not executed safely. If a driver changing lanes fails to check for other vehicles, uses excessive speed, or neglects to signal, he or she could cause a sideswipe collision, rear-end crash, or multi-vehicle accident. Understanding who is liable for these crashes and how Nebraska law applies to the facts of your case is essential for pursuing compensation.
Nebraska’s Lane Change Law: What Drivers Are Required to Do
Under Nebraska Revised Statute 60-6,139, a driver must keep a vehicle within a single lane and may not move from that lane until the driver has ascertained that the movement can be made safely. A safe lane change is one that can be executed without colliding with other vehicles or creating a hazardous situation for other drivers.
The steps for making a safe and lawful lane change in Nebraska include:
- Check your mirrors — look in the rearview and side mirrors to see whether a vehicle is already in the destination lane. If a driver is present, wait for them to pass or create adequate space before moving.
- Check your blind spot — all vehicles have blind spots that mirrors do not cover. Briefly look over your shoulder in the direction of the lane change before moving.
- Signal before moving — activate the appropriate turn signal to warn other drivers of your intended lane change. Failing to signal is a violation of Nebraska law and a common factor in lane change accident liability disputes.
- Match destination lane speed — adjust your speed to match the flow of traffic in the destination lane before merging.
- Complete the change smoothly — once you have confirmed it is safe to move, execute the lane change gradually without sudden steering inputs.
Drivers should never change lanes in the middle of an intersection, at a red light, or at a stop sign. Weaving in and out of traffic through rapid repeated lane changes is a form of reckless driving under Nebraska law and substantially increases liability exposure in the event of an accident.
Common Causes of Unsafe Lane Change Accidents
Most lane change accidents in Nebraska are caused by driver error or inattention. Common contributing factors include:
- Distracted driving — looking at a phone, food, or navigation device while changing lanes
- Failure to check blind spots — relying solely on mirrors without physically checking the destination lane
- Failure to signal — changing lanes without warning other drivers of the intended movement
- Excessive speed — high-speed lane changes reduce the time available to assess and react to other vehicles
- Drowsy or impaired driving — fatigued or impaired drivers may misjudge distances and timing
- Poor weather conditions — rain, snow, or fog reduce visibility and increase stopping distances, making unsafe lane changes more likely to cause collisions
Who Is Liable for a Lane Change Accident in Nebraska?
Fault for a lane change accident typically falls on the driver who changed lanes. Nebraska law places the responsibility to change lanes safely on the driver making the movement — not on the drivers already in the destination lane. If the driver who changed lanes failed to signal, did not check their blind spot, or misjudged available space, they are usually found at fault.
However, liability is not always one-sided. The following circumstances can shift or share fault:
- The vehicle in the destination lane was speeding and closed the gap too quickly to allow a safe change
- Both drivers were simultaneously changing lanes in the same direction
- A third vehicle’s action forced the lane change or contributed to the collision
- Road conditions or poor signage contributed to the accident
Nebraska follows a modified comparative negligence standard. As long as your share of fault is less than 50 percent, you can still recover compensation — but your award is reduced proportionally. Insurance companies investigate lane change accidents closely and often attempt to assign partial blame to the other driver. Evidence such as dashcam footage, witness statements, and accident reconstruction analysis is frequently necessary to establish the true fault allocation.
Injuries Common in Lane Change Accidents
The lateral force involved in a sideswipe collision, or the rear impact in a lane change-triggered chain reaction, can cause significant injuries even at highway speeds. Common injuries in Nebraska lane change accidents include:
- Whiplash and cervical spine injuries from the sudden lateral or rear impact force
- Traumatic brain injuries, particularly when a vehicle is forced off the road or into a barrier
- Shoulder, arm, and wrist injuries from bracing against the steering wheel or door
- Rib fractures and chest injuries from seat belt loading in a lateral collision
- Psychological trauma and post-traumatic stress disorder in serious crashes
Evidence Used to Prove Fault in Lane Change Accident Claims
Establishing liability in a lane change accident requires evidence beyond each driver’s account of events. Key evidence types include police reports documenting the officer’s fault assessment, traffic camera or dashcam footage capturing the lane change in real time, witness statements from other drivers or bystanders, paint transfer and vehicle damage patterns that indicate the point of impact, cell phone records in suspected distracted driving cases, and accident reconstruction analysis for disputed high-speed crashes.
Evidence can deteriorate quickly after an accident — surveillance footage is often overwritten within days. Contacting an attorney promptly after a serious lane change accident gives your legal team the best opportunity to preserve the evidence needed to support your claim.
Compensation Available After a Lane Change Accident in Nebraska
If you were injured by another driver’s unsafe lane change, you may be entitled to recover compensation for medical expenses including emergency care, surgery, and rehabilitation, lost wages during your recovery period, reduced earning capacity if your injuries affect your ability to work, pain and suffering and reduced quality of life, and property damage to your vehicle. Knowles Law Firm handles Nebraska car accident cases on a contingency fee basis — no fees unless there is a recovery.
Statute of Limitations for Lane Change Accident Claims in Nebraska
Nebraska law gives personal injury victims four years from the date of the accident to file a lawsuit, under Neb. Rev. Stat. § 25-207. Missing this deadline permanently eliminates your right to pursue compensation regardless of how clearly the other driver was at fault. Acting promptly also preserves critical evidence and gives your attorney time to build the strongest possible case.
Frequently Asked Questions About Lane Change Accidents in Nebraska
Who is at fault when someone changes lanes and causes an accident in Nebraska?
Under Nebraska Revised Statute 60-6,139, the driver making the lane change has the legal responsibility to ensure the movement can be made safely before executing it. If that driver fails to signal, check their blind spot, or allow adequate space, they are typically found at fault for the resulting collision. However, Nebraska’s comparative negligence system means fault can be shared if the other driver was also acting negligently — for example, by speeding or changing lanes simultaneously.
What should I do right after a lane change accident?
Stay calm and move your vehicle to a safe location if possible. Call 911 to report the accident and request medical assistance. Exchange information with the other driver, including insurance details and contact information. Photograph the damage, road markings, and the positions of both vehicles before they are moved. Get contact information from any witnesses. Seek medical attention even if you feel fine — some injuries are not immediately apparent. Do not give a recorded statement to the other driver’s insurance company before consulting an attorney.
Can I still recover compensation if I was partially at fault for a lane change accident?
Yes. Nebraska follows a modified comparative negligence rule, which allows you to recover compensation as long as your share of fault is less than 50 percent. Your total recovery is reduced proportionally by your percentage of fault. If you were found 25 percent responsible and your damages were $80,000, your recovery would be reduced to $60,000. An attorney can help ensure that fault is accurately distributed based on the evidence.
How long do I have to file a claim after a lane change accident in Nebraska?
Nebraska law gives personal injury victims four years from the date of the accident to file a personal injury lawsuit under Neb. Rev. Stat. 25-207. Missing this deadline permanently eliminates your right to pursue compensation regardless of how clear-cut the other driver’s fault may be. Acting promptly also helps preserve critical evidence such as surveillance footage, which is often overwritten within days of an accident.
How can Knowles Law Firm help after a lane change accident in Omaha?
Knowles Law Firm investigates lane change accidents thoroughly — gathering dashcam footage, witness statements, police reports, and expert analysis to establish who changed lanes unsafely and what the full impact of your injuries will be. The firm handles all car accident cases in Nebraska on a contingency fee basis, meaning no upfront costs and no fees unless there is a recovery. Contact Knowles Law Firm through the contact form for a free consultation.
Contact Knowles Law Firm After an Unsafe Lane Change Accident
If you were injured in a lane change accident in Omaha or anywhere in Nebraska, Knowles Law Firm is ready to help. The firm has secured multi-million dollar settlements for Nebraska car accident victims over 55 years of practice and handles every case on a contingency fee basis. Reach out through the contact form for a free consultation.
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.