Comparative Negligence in Nebraska

Nebraska follows modified comparative negligence law, which means you may be compensated for damages in an accident if you are no more than 49% at fault.
Written by Mary Cahill
Reviewed by Kathleen Flear
Nebraska
follows modified comparative negligence law after a car accident. This means that you may be compensated for damages caused by the collision if you are no more than 49% at fault. 
According to 2020 data from the Nebraska Department of Transportation, a car accident takes place in Nebraska every 18 minutes. In every reported crash, the comparative negligence law is used to determine how much blame should be assigned to the parties involved. 
Not all states apply the principle of comparative negligence the same way. It’s important to understand the traffic laws in the state where you drive—that’s why
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has compiled a guide to answer all your questions about comparative negligence law in Nebraska. 
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What is comparative negligence?   

Comparative negligence refers to the legal right given to victims of a motor vehicle accident to be compensated for the expenses incurred in the collision, reduced by their percentage of the blame. 
For instance, if you get in an accident and are determined to be 25% at fault, you’re eligible for compensation, but you’ll still need to pay for 25% of the damages. In turn, the other driver is obligated to cover the remaining 75% of damages. 
Comparative is a major factor in personal injury lawsuits and third-party insurance claims (when one driver submits a claim against another driver’s insurance). For a lawsuit, it’s the task of the judicial system to mete out the proportional fault of each driver. In the case of an insurance claim, it’s the insurance companies who use comparative negligence to assign what percentages they will payout after a crash. 

Comparative negligence vs. contributory negligence

As mentioned, comparative negligence laws vary by state—but every state will exercise one of three legal interpretations: pure comparative negligence, modified or partial comparative negligence, or contributory negligence. Let’s look at how they differ.  
  • Pure comparative negligence: Individuals who are injured in a motor vehicle accident may receive compensation in relation to their portion of responsibility. 
  • Partial or modified negligence: Those who sustained injuries in a crash may be compensated for damages as long as they are 49% or less at fault (depending on the state). 
  • Contributory negligence: The injured party is not entitled to collect damages if they are deemed to be any percentage at fault. 
In most states, partial or modified comparative negligence is the standard. Pure comparative negligence is recognized in 12 states and contributory negligence is recognized in 5 states

What is Nebraska’s comparative negligence law?

Nebraska employs modified comparative negligence law. If you get into an accident and are deemed less than 49% to blame, the law allows you to collect damages.

What happens if there are more than two responsible parties?

It’s fairly common for a car crash to involve more than two motorists. When this happens, you can file a claim with both of their insurance companies. The amount you collect will be determined by each parties’ percentage of the blame. 

How is fault decided in a comparative negligence case?

The insurance companies will analyze all the evidence they have—that means police reports, witness statements, photographs, and the insurance claim itself. This is why it’s so important to document a good amount of evidence. 
Here’s what you’ll want to make note of:
  • The makes and models of the other drivers’ cars
  • The date of the accident and the time of day it happened
  • What the weather was like when the accident took place
  • Statements from anyone who witnessed the crash
  • Pictures that show the damage done to your car 
  • A copy of the police report if there were police on the scene

How does car insurance work with comparative negligence?

Since Nebraska uses the rule of modified comparative negligence, after you file a claim with the other party’s insurance, you might be eligible for compensation if your determined level of responsibility is less than 50%
Let’s take an example
It’s late at night, and you’re hit from the side by another car. You and the other driver exchange information but decide not to involve the police, and you both head home.
The next day, the other driver files a claim because repairs are needed on her car. Due to neither party admitting fault for the accident, the lack of witnesses, and no police report, the insurance company concludes that the blame is 50/50
Based on the comparative negligence law in Nebraska, compensation cannot be granted to either party as the collision was found to be over 49% the fault of both drivers. 

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FAQs

Yes. If you’re at fault in a collision you should expect a major increase in your premium. For drivers in Nebraska, the annual cost of insurance following an at-fault accident is $1,855.
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