Omaha Car Accident Lawyers - Hauptman, O'Brien, Wolf & Lathrop
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Attorneys Handling Car Accident Claims in Omaha and Throughout Nebraska

Hiring a car accident lawyer is one of the best decisions you can make if you were injured through the carelessness of another driver. The attorneys at Hauptman, O’Brien, Wolf & Lathrop, LLC can help if you or a member of your family sustained life-altering injuries in a car accident.

Our lawyers are dedicated to protecting your rights and best interests. We can help you navigate the aftermath of a car accident and pursue the compensation you deserve. Call Hauptman, O’Brien, Wolf & Lathrop, LLC at (402) 241-5020 today for a free consultation with a car accident lawyer.

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How Our Omaha Attorneys Can Help You With Your Car Accident Claim

After a car accident, it is normal to feel overwhelmed by medical appointments, missed work, vehicle repairs, and constant calls from insurance companies. At Hauptman, O’Brien Personal Injury Lawyers, we understand how stressful this time can be for you and your family. Our Omaha car accident attorneys are here to guide you through every stage of the claims process while protecting your rights and pursuing the compensation you deserve.

We will:

  • Provide the legal guidance you need after the crash: We can answer your questions about medical expenses, lost income, vehicle damage, pain and suffering, and other concerns so you understand your options and feel confident moving forward with your case.
  • Deal with the insurance companies for you: Insurance companies often try to settle claims quickly for less than they are worth. We will handle communications and negotiations on your behalf to protect your interests and fight for fair compensation.
  • Secure evidence to support your claim: Our legal team can gather police reports, medical records, witness statements, traffic camera footage, and other evidence needed to strengthen your case and establish liability.
  • Thoroughly investigate your accident: Our attorneys will examine every detail of your crash to identify what happened and who may be responsible. We can review accident reports, interview witnesses, inspect evidence, and build a strong case designed to support your claim for compensation.
  • Work with trusted expert witnesses: When necessary, we work with accident reconstructionists, engineers, and medical professionals who can help explain how the crash happened and demonstrate the full extent of your injuries and damages.
  • Handle the paperwork and legal deadlines: Car accident claims involve extensive paperwork, insurance forms, and court filings. We will manage the legal details and ensure important deadlines are met so you can focus on your recovery.
  • Represent you in court if necessary: While many car accident claims settle outside of court, some cases require litigation. If your case goes to trial, we will advocate for you before a judge and jury, present evidence on your behalf, and fight for the compensation you deserve.

No matter how complex your case may seem, you do not have to face the aftermath of a serious accident alone. Whether your claim is resolved through settlement negotiations or litigation, our Omaha car accident lawyers are prepared to stand by your side and advocate for the best possible outcome for you and your family.

Blown airbags and wrecked windshield of a car that has been in an accident.

Our Lawyers Help You Get Compensation for Car Accidents in Omaha

At Hauptman, O’Brien, Wolf & Lathrop, LLC, we will investigate the events that led to your car accident and determine how it occurred. Our auto accident attorneys are prepared to conduct a thorough investigation, establish liability, and fight tooth and nail for the compensation that you deserve.

car accident lawyer

Who Is at Fault in a Car Accident?

Nebraska follows a “fault” insurance system for car accidents. This means the driver who caused the accident is generally financially responsible for the damages that result from the crash. After an accident, injured parties typically file a claim with the at-fault driver’s insurance company to recover compensation for medical expenses, lost wages, property damage, pain and suffering, and other losses. Because fault directly affects compensation, insurance companies often conduct detailed investigations to determine who caused the collision and whether multiple parties share responsibility.

Under Nebraska law, drivers are also required to carry liability insurance to help cover injuries and damages they may cause to others in an accident. However, insurance companies may dispute liability or attempt to minimize payouts, especially in cases involving serious injuries or conflicting evidence. Establishing fault clearly and presenting strong supporting evidence can play a major role in the success of a car accident claim.

Learn more: Who Is At Fault for a Rear-End Accident?

Nebraska’s Modified Comparative Negligence Rule

Nebraska uses a modified comparative negligence rule when determining compensation in car accident cases. Under this rule, an injured person may still recover damages if they were partially at fault for the accident, as long as their share of fault is less than 50 percent. However, the compensation they receive will be reduced based on their percentage of responsibility.

For example, if you are awarded $100,000 in damages but are found to be 20 percent at fault for the accident, your recovery would be reduced by 20 percent, allowing you to recover $80,000. If you are found to be 50 percent or more at fault, you may be barred from recovering compensation entirely.

Proving Fault in a Nebraska Car Accident Claim

To successfully recover compensation after a car accident, the injured party must generally prove that another driver acted negligently. This typically involves establishing four key legal elements:

  • Duty of care: Drivers have a legal obligation to operate their vehicles safely and follow traffic laws to avoid harming others on the road.
  • Breach of duty: A driver breaches this duty by acting carelessly or recklessly, such as speeding, distracted driving, running a red light, or driving under the influence.
  • Causation: It must be shown that the driver’s actions directly caused the accident and resulting injuries.
  • Damages: The injured party must demonstrate that they suffered actual damages, such as medical expenses, lost income, property damage, or pain and suffering, because of the accident.

Evidence such as police reports, witness statements, medical records, traffic camera footage, and expert testimony may all help establish fault and support a Nebraska car accident claim.

Steps to Take After a Car Accident in Omaha

Reckless and negligent drivers cause many car accidents. Whether it’s a distracted driver who didn’t see you or an overly aggressive driver who sideswiped you as they passed by, you shouldn’t be responsible for someone else’s mistake.

If you are involved in a car accident, there are several steps you can take to protect yourself and those around you in the moments that follow:

  1. Most importantly, check yourself and anyone else involved for serious injuries. If there is any bleeding or if there are any car accident victims unconscious or unresponsive, call 911 right away.
  2. If everyone appears to be okay, look at the vehicles to see if they can be moved from the roadway. If they are not able to be moved, call 911 or your local non-emergency police department number. If you’ve already contacted the authorities, wait for them to arrive at the scene. Documenting the position of your vehicle, or other vehicles involved in the accident, can also help your claim.
  3. As you wait, gather contact and insurance information for each driver involved. Never leave after an accident without the other party’s information.
  4. See if there were any witnesses to the accident. If there are, ask them if they’d be willing to give a statement to the police or insurance companies, if necessary, and collect their contact information.
  5. Use your phone or a pen and paper to write down the basic details of the car accident: date, time, location, weather conditions, etc.
  6. Call each insurance company involved and file a claim. Be prepared to give them the basic details you’ve written down.
  7. As you speak to police or insurance agents, remember, do not admit fault, and do not make any statements regarding who is at fault. Statements like this given at such an early stage can be potentially incriminating or damaging to your case. Always speak to a local Omaha car accident attorney first.
  8. If police were called, you’d probably need to speak to them before you’re free to go home. If you are unsure about the condition of your vehicle, do not drive it. Your insurance provider should be able to help you get a tow truck and take it to the nearest approved garage.

Common Injuries From Car Accidents

Around 40% of all car crashes are rear-end collisions. As a result, the most common injury seen in an accident is whiplash. The sudden impact of a collision, especially a rear-end collision, results in occupants’ heads being thrown forward, causing the neck to bend suddenly at an extreme and unnatural angle. Whiplash can cause extreme pain and muscle cramping that can last for days or weeks following the incident.

car accident lawyer

If you’ve never experienced a car accident, you may not realize that they can cause emotional trauma as well as physical injury. Whether the injuries are emotional or physical, chances are they will manifest in a variety of ways that are not only painful but disruptive to your everyday life.

The injury lawyers at Hauptman, O’Brien, Wolf & Lathrop, LLC have years of combined experience handling car accident claims. We may be able to help you recover damages for your injuries, including:

Physical Injuries From Car Accidents

Psychological Injuries From Car Accidents

  • Mental Anguish
  • Anxiety
  • Loss of consortium
  • Confusion/trouble concentrating
  • Loss of enjoyment of life
  • Nightmares
  • Depression
  • PTSD
  • Guilt
  • Insomnia

Nebraska Car Accident Statistics

Preliminary data from the Nebraska Department of Transportation shows 228 people were killed on Nebraska roads in 2025. Nebraska remains one of only three states without a hands-free driving law, despite studies showing major reductions in fatal crashes in states with similar laws. Douglas County, home to Omaha, recorded approximately 67 traffic fatalities in 2025, the highest total of any county in the state.

Notably, only one traffic fatality occurred on I-80 in all of 2025, suggesting that the vast majority of fatal accidents, occurred on other highways or local rural roads.

Additional 2025 statistics reported statewide included:

  • 61 speed-related fatalities
  • 72 impaired driving fatalities
  • 38 distracted driving fatalities
  • 89 unbelted occupant deaths
  • 24 motorcycle fatalities
  • 17 pedestrian fatalities

In March 2026 alone, 16 people were killed in 15 crashes across Nebraska. Twelve fatalities occurred in rural areas, and only 17 of the 46 vehicle occupants killed during 2026 were confirmed to be wearing seatbelts.

Don’t try to handle the aftermath of a car accident alone. The Omaha car accident lawyers at Hauptman, O’Brien, Wolf & Lathrop, LLC are here to help relieve the stress by taking the weight of paperwork, phone calls, and court dates off your shoulders. Our priority is to see you happy and made whole.

Nebraska LB 594 and Distracted Driving Laws

As of early 2026, Nebraska still remains one of the few states without a comprehensive hands-free law, classifying texting while driving only as a secondary offense. Nebraska LB 594, also known as the “Hands-Free Nebraska” Act, was introduced in January 2025, but is not yet in effect. The proposed bill would make holding or supporting a cellphone while driving a primary offense, allowing law enforcement to stop drivers solely for distracted driving violations. Hands-free options, including mounted devices and voice-activated technology, would still be allowed. Supporters say the measure could help reduce serious and fatal crashes across Nebraska.

What Compensation Is Available in an Omaha Car Accident Claim?

You may accrue numerous expenses, injuries, and damages after a vehicle collision. With the help of our experienced car accident lawyers and depending on the circumstances of your case, you may be entitled to recover compensation for the following damages:

  • Damage to your property
  • Medical expenses
  • Loss of enjoyment of life
  • Lost wages and earnings potential
  • Surgical costs
  • Pain and suffering

If you are injured by a driver without insurance coverage, your own insurance policy’s uninsured motorist coverage should apply. However, even if you have faithfully paid your premiums for years, your own insurance company may try to deny your claim.

Omaha car accident lawyer

Speak to Our Omaha Car Accident Attorneys

Reckless driving doesn’t always cause a car accident. But when it does, the driver who caused it should be held accountable for their negligence. For many years, we’ve helped innocent members of our community recover damages in the wake of an accident. We’re compassionate, caring, and willing to fight for what’s right; just ask some of our clients.

Dealing with claims paperwork, phone calls, and negotiations can quickly become intimidating. Fortunately, the attorneys at Hauptman, O’Brien, Wolf & Lathrop, LLC have the experience to tackle even the toughest of situations.

The fact of the matter is, you don’t deserve to take a financial hit for a car crash that wasn’t your fault. Our attorneys have more than 268 years of combined experience representing injury victims. We have been repeatedly voted the #1 personal injury law firm in Omaha for our commitment to protecting our clients’ rights and safeguarding their futures.

If you’ve been injured in a car accident by a negligent driver, schedule your free consultation with us today. Give us a call at (402) 241-5020 to speak to a car crash lawyer today.

Frequently Asked Questions About Car Accidents

What Are the Key Nebraska Vehicle Safety Laws Drivers Should Know?

A few core rules affect claims, fault, and tickets that may follow a collision:

  • Seat belts: Drivers and front-seat passengers must wear seat belts, and all occupants ages 6 to 17 must be restrained. Nebraska enforces seat belt use as a secondary offense, which means you can be cited only if stopped for another violation.
  • Child restraints: Children must ride rear-facing until age 2 or until they exceed the seat’s limits, ride in an appropriate child seat or booster through age 7, and ride in the back seat when possible through age 7.
  • Phones and texting: Texting while driving is prohibited and is currently enforced as a secondary offense. Lawmakers are considering a hands-free, primary-enforcement measure similar to Iowa’s.
  • Vehicle inspections: Nebraska does not require annual safety inspections for most private vehicles, but VIN inspections are required in specific situations, such as vehicles coming from out of state, assembled vehicles, and some salvage titles.

How Long Do I Have to File a Car Accident Claim in Nebraska?

In Nebraska, most car accident injury claims must be filed within four years from the date of the accident. This statute of limitations generally applies to claims involving personal injuries and vehicle damage arising from negligence. Wrongful death claims typically must be filed within two years from the date of death. Shorter notice requirements and additional procedural rules may apply if your claim involves a government entity, such as a city, county, or state agency. Our car accident attorneys will make sure you won’t miss any deadlines. 

What Law Applies if I’ve Been in an Out-of-State Accident?

Jurisdiction and choice-of-law rules usually point to the state where the crash happened for deadlines and liability standards, although there are exceptions. You may be able to file where the defendant lives or does business, or where the accident occurred. Your Nebraska auto policy typically follows you, so coverages like med pay and UM/UIM can still help even when you are traveling. Because each state’s statute of limitations and comparative negligence rules differ, it is smart to consult a lawyer quickly to map out the best venue and timeline for your situation, if you’ve been in an out-of-state accident.

How Much Is My Car Accident Claim Worth?

Claim value depends on the facts, not a formula. Courts and insurers look at:

  • medical bills, future treatment, and rehabilitation needs
  • lost wages and reduced earning capacity
  • the impact on daily life, including pain and suffering
  • property damage and other out-of-pocket losses

Nebraska’s modified comparative negligence rule reduces recovery by your share of fault and bars recovery if your fault is equal to or greater than the combined fault of the parties you are suing. A thorough investigation, credible medical documentation, and careful presentation of damages typically move the needle the most.

What Happens if the Other Driver Is Uninsured or Underinsured?

Nebraska policies generally include Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage, which can step in when the at-fault driver has no coverage or too little. Key points:

  • UM is required at minimum limits of $25,000 per person / $50,000 per accident for bodily injury. UIM is also addressed by statute and is commonly included with similar minimums.
  • According to Nebraska Revised Statute 44-6412, your insurer must be notified before you accept a settlement from the at-fault driver’s insurance company. After receiving notice of the proposed settlement, the insurer has 30 days to preserve its recovery rights by advancing payment itself. Failing to follow this process could jeopardize your ability to recover UIM benefits. 
  • Evidence, medical records, and prompt claim reporting still matter, because your own carrier will adjust and potentially contest the claim just like any other insurer.

Should I Accept an Insurance Settlement for My Car Accident Claim?

Not without understanding the full value of your losses and the effect of a liability release. Early offers often come before the medical picture is clear and can leave out future care, diminished earning capacity, and non-economic losses. Once you sign a release, reopening the claim is usually impossible. A lawyer can evaluate liability, liens, coverage stacking, and long-term damages, then negotiate from a position of strength. If the offer is fair, you will know why; if it is not, you will know what to do next.

Do I Need a Lawyer After a Car Accident in Omaha?

Always speak with one of the Omaha car accident attorneys at Hauptman, O’Brien, Wolf & Lathrop, LLC before you speak to any insurance company. They are used to dealing with people without legal representation, and they are NOT on your side. If there is a personal injury claim by you against their client, they will offer you much less than you are entitled to.