An auto accident is never good news. The physical recovery, emotional effects, and disruption to daily life are often much more than anyone expects, and it all happens so fast.
But if you are injured as a passenger in an auto accident, there is some good news when it comes to your financial rights. Passengers are rarely at fault for a car crash, which means someone else is likely liable for your damages.
If you’re wondering, “Can I sue if I was a passenger in a car accident?” the first thing you need to know is that the answer looks different in different states. This article will explain your rights as a passenger in the State of Nebraska.
Were you injured while riding as a passenger in a Nebraska car accident? At Hauptman, O’Brien, Wolf & Lathrop, LLC, we can help you understand your rights and pursue compensation from those responsible. Contact us online or call (402) 241-5020 to schedule a free consultation with our Nebraska car accident lawyers.
Injured Passengers Are Entitled to Compensation from the At-Fault Driver
Generally, a passenger has the same right to monetary recovery as anyone else injured in a car accident.
In Nebraska, that means you have a claim against anyone whose negligence contributed to your injuries. Speeding, texting, tailgating, drunk driving, and other forms of careless driving (to name just a few) are all examples of negligence under Nebraska state law.
Typically, as a passenger, you will file a claim for recovery against the at-fault driver’s insurance policy. How much money you can recover will depend on the nature of your injuries. Generally speaking, available damages in Nebraska include (but are not necessarily limited to):
- Medical expenses
- Emotional pain and suffering
- Lost wages (including future loss of wages)
- Property damage
- Wrongful death damages
- Other out-of-pocket costs caused by the crash
If more than one person was negligent (for example, a multi-car collision where multiple drivers were speeding), you may be able to pursue a claim against each of those people and their insurance companies.
So, bottom line: Can you sue if you were a passenger in a car accident? The short answer: yes. However, many of these claims are ultimately resolved outside of court. The experienced car accident lawyers at Hauptman, O’Brien, Wolf & Lathrop, LLC serve injured passengers in Omaha, South Omaha, Bellevue, Lincoln, Sarpy County, and throughout Nebraska. We can help you understand your options and how much you might stand to recover.
Passengers May Also Be Able to File a Claim Under Their Own Insurance Policy
If you have your own auto insurance policy with Medical Payments Coverage (“MedPay”), you may be able to make a claim under that provision soon after the accident.
Essentially, MedPay will cover your medical bills while you’re waiting for your claim or lawsuit against the negligent parties to resolve. That is helpful because your care providers might not be willing to wait while those claims resolve (a process that can sometimes take many months or over a year).
If you have health insurance, you can also submit your claims to the health carrier first, using your MedPay policy to reimburse you for any copays, deductibles, or excluded / out-of-network health services.
Note: If you were injured as a passenger in a car accident, and the driver was a relative in your same household, you and the driver might be insured under the same auto policy. If so, you might be eligible to receive MedPay benefits under that policy even though you weren’t driving, and regardless of who was at fault. Coverage depends on the policy’s terms and applicable exclusions. It’s important to really understand the terms of the relevant policy (or policies) and your rights accordingly. The Nebraska auto accident lawyers at Hauptman, O’Brien, Wolf & Lathrop, LLC are here to help.
What If the At-Fault Driver Is Uninsured?
Unfortunately, a significant number of Nebraskans drive without car insurance, even though it’s illegal to do so. Many more drive with bare-minimum insurance, meaning they might not have enough coverage to pay for all your damages.
If you have been injured as a passenger in a car accident and the negligent driver doesn’t have enough insurance, don’t despair. You may have options. One such option might be to file a claim under your Uninsured / Underinsured Motorist Coverage policy, if you have one.
Under Nebraska Revised Statute § 44-6408, qualifying automobile liability policies must include uninsured and underinsured motorist coverage, subject to applicable statutory provisions. You may also be covered under the policy of the vehicle in which you were riding, depending on the circumstances and policy terms.
Even if you don’t have that kind of coverage under your own policy, you might have options. Our Nebraska auto accident lawyers can talk with you about the specifics of your situation during a confidential consultation.
What Challenges Do Rideshare Passengers Face After an Accident in Nebraska?
Passengers injured while riding in an Uber, Lyft, or another rideshare vehicle generally have the right to seek compensation for their injuries. However, these accidents can involve more complicated insurance and liability questions than ordinary car crashes.
Determining who is responsible may be challenging, particularly when several drivers contributed to the accident or multiple insurance policies apply. Some common complications include:
- Determining liability: The rideshare driver, another motorist, or multiple parties may share responsibility for the collision.
- Identifying applicable insurance: Coverage may depend on the driver’s status within the rideshare application when the accident occurred.
- Handling multiple insurers: Insurance companies may dispute responsibility for paying the passenger’s medical bills and other damages.
- Obtaining rideshare records: Trip information, driver records, and other evidence may be needed to establish coverage and liability.
- Recovering full compensation: Serious injuries may result in substantial medical expenses, lost wages, and other losses that require careful documentation.
Under Nebraska Revised Statute § 75-333, rideshare companies and participating drivers must maintain primary liability insurance of at least $1 million during qualifying accepted-trip and passenger-on-board stages. The law also requires uninsured and underinsured motorist coverage for passengers in the amounts established by Nebraska law.
Even with these protections, insurers may dispute which policy applies or the value of an injured passenger’s claim. Our Nebraska car accident lawyers can investigate the collision, identify potentially responsible parties, and help you pursue compensation through the available insurance coverage.
What Challenges Do Transit Bus Passengers Face After an Accident in Nebraska?
Passengers injured while riding public transportation, including city buses and other transit vehicles, may also have grounds to pursue compensation. However, these claims can be more complicated because the responsible party may be a public transportation authority, government agency, private contractor, or another driver.
Transit bus accidents can present several challenges, including:
- Identifying responsible parties: Liability may involve the bus driver, transit operator, another motorist, or a maintenance provider.
- Investigating the accident: Surveillance footage, driver records, maintenance reports, and witness statements may be needed to establish negligence.
- Determining applicable insurance: Coverage may vary depending on whether the bus is publicly or privately operated.
- Following government claim procedures: Claims against public entities may require special notices and procedures before a lawsuit can proceed.
- Meeting shorter deadlines: Government-related injury claims may be subject to filing deadlines that differ from ordinary personal injury lawsuits.
In Nebraska, claims against cities and other qualifying political subdivisions may fall under the Political Subdivisions Tort Claims Act. Under Nebraska Revised Statute § 13-919, an injured passenger generally must submit a written claim to the appropriate governing body within one year after the claim accrues. Lawsuits are generally subject to a two-year deadline, with certain statutory exceptions.
Claims involving state-operated transportation may instead fall under Nebraska’s State Tort Claims Act, which has its own filing requirements and deadlines.
These rules make it particularly important to seek legal advice promptly after a public transit accident. Our attorneys can help determine who may be liable, identify the applicable claim procedures, and protect your right to pursue compensation.
What If the Passenger Is at Fault for the Crash?
It’s hard to imagine a situation where a passenger causes a car crash. After all, they aren’t in control of the car. What could they possibly do? That’s why it is exceedingly rare for a passenger to be assigned fault for an auto accident in Nebraska.
There are, however, situations where a passenger’s negligence could cause a crash. Imagine, for example, that a passenger suddenly puts his hands over the driver’s eyes or punches the driver while the vehicle is in motion.
In those situations, the passenger may be deemed partially or entirely at fault for the crash. However, because Nebraska follows a rule called comparative fault, you may still be able to recover some compensation for your damages even if you were yourself negligent, provided your share of negligence is less than the combined negligence of the parties against whom you seek recovery.
Under Nebraska Revised Statute § 25-21,185.09, your compensation is reduced in proportion to your percentage of fault. If your negligence equals or exceeds the combined negligence of the parties against whom recovery is sought, you are barred from recovering damages. A lawyer may be able to help you challenge an unfair assignment of fault and protect your potential compensation.
Talk to Our Nebraska Auto Accident Lawyers at Hauptman, O’Brien, Wolf & Lathrop, LLC
If you’ve been asking, “Can I sue if I was a passenger in a car accident?” you aren’t alone, but it’s very important that you work with state-specific information before making any decisions.
The best way to fully understand your options and best strategies is simply to schedule a free consultation with an experienced attorney.
At Hauptman, O’Brien, Wolf & Lathrop, LLC, we offer confidential, cost-free, no-obligation case reviews for injured passengers, drivers, and pedestrians in Omaha, South Omaha, Bellevue, Lincoln, and communities throughout Nebraska. We also serve clients in Iowa through our offices in Council Bluffs and Sioux City.
Consultations are available in person or over the phone. And if you hire us, we will not charge a fee unless and until we recover compensation for you.
To talk with a Nebraska personal injury attorney about your legal options, contact Hauptman, O’Brien, Wolf & Lathrop, LLC online or call (402) 241-5020 today.
