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Committed Pedestrian Accident Attorneys Serving Omaha and All of Nebraska

When a pedestrian is hit by a motor vehicle, they often suffer catastrophic injuries. Getting compensation for your injuries after a pedestrian accident isn’t easy. It requires filing claims with insurance companies, keeping records of medical bills, and a time-consuming investigation of the accident. And even if a motor vehicle driver was clearly at fault, there is no guarantee you will receive a fair settlement offer from the insurance providers.

If you or a loved one were hit by a motor vehicle as a pedestrian in Nebraska, the Omaha pedestrian accident attorneys at Hauptman, O’Brien, Wolf & Lathrop, LLC are here to help you pursue the compensation you need to cover medical bills, lost wages, and other damages. Call us today at (402) 241-5020 or contact us online for a free consultation.

Pedestrian Accident Lawyers

How Our Omaha Pedestrian Accident Attorneys Help You With Your Case

Many people who are involved in pedestrian accidents believe that their case is straightforward enough to carry on without a lawyer. The truth is, just because you were hit by a motor vehicle doesn’t automatically entitle you to the settlement you deserve. Insurance adjusters will even deny your personal injury claim outright depending on certain factors. Because of these risks, you need an experienced pedestrian accident lawyer on your side. Below are several reasons why you should consider contacting Hauptman, O’Brien, Wolf & Lathrop, LLC after your pedestrian accident in Omaha.

  • We handle the legal process while you focus on recovery – Serious pedestrian accident injuries can make it difficult to deal with paperwork, insurance calls, and legal deadlines.
  • We investigate the accident and identify liable parties – Our attorneys collect evidence, interview witnesses, and work to prove fault, even in complicated cases.
  • We negotiate aggressively with insurance companies – Insurance adjusters often offer settlements far below what victims truly deserve for their injuries and losses.
  • We accurately calculate the value of your damages – We evaluate medical bills, lost wages, pain and suffering, and future financial impacts.
  • We protect you from unfair blame – Even if you were partially at fault, our lawyers can work to minimize comparative negligence arguments.
  • We gather medical evidence to strengthen your claim – Proper medical documentation can play a major role in maximizing compensation.
  • We are prepared to take your case to court if necessary – If a fair settlement cannot be reached, our attorneys are ready to fight for you at trial.

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How Nebraska Law Defines a Pedestrian

Under Nebraska law, a pedestrian is generally defined as any person traveling on foot. Nebraska Revised Statute § 60-6,253 further recognizes that individuals using mobility assistance devices, wheelchairs, or similar human-powered transportation may also qualify as pedestrians in certain situations. While bicyclists are governed under separate traffic laws, pedestrians commonly include people walking, jogging, standing near roadways, or crossing streets and intersections throughout Omaha and across Nebraska.

Nebraska Pedestrian Laws

Nebraska has several laws designed to protect pedestrians and promote safer roadways for everyone. Both drivers and pedestrians are expected to follow traffic laws and exercise reasonable care to help prevent serious accidents.

  • Drivers must yield to pedestrians in marked crosswalks and at many intersections under Nebraska Revised Statute § 60-6,153.
  • Pedestrians are required to obey traffic signals and follow pedestrian control devices whenever they are present.
  • Crosswalks should be used whenever possible to help reduce the risk of pedestrian accidents and improve visibility.
  • Pedestrians cannot suddenly enter traffic from a curb or place of safety if doing so creates an immediate hazard for drivers.
  • Drivers must exercise caution near pedestrians, especially in school zones, residential neighborhoods, and high-traffic areas.
  • Distracted, reckless, or impaired driving can lead to serious legal consequences when pedestrian injuries occur.

Your Rights as a Pedestrian in Nebraska

Pedestrians have the right to safely travel on sidewalks, crosswalks, parking lots, intersections, and other public spaces without facing negligent drivers. When motorists fail to follow traffic laws, devastating pedestrian accidents can occur.

  • You may have the right to pursue compensation if another party’s negligence caused your pedestrian accident.
  • Recoverable damages may include medical expenses, lost wages, rehabilitation costs, pain and suffering, and future medical care.
  • Nebraska law protects injured pedestrians even when insurance companies attempt to shift blame unfairly.
  • An experienced pedestrian accident lawyer can help investigate your case, protect your rights, and pursue fair compensation for your injuries.

Causes of Pedestrian Accidents

Pedestrian accidents may be caused by a driver, the pedestrian, or a combination of both. In many cases, either the pedestrian or the driver were acting negligently by failing to pay attention or take proper safety precautions.

As attorneys, when we handle pedestrian accident cases where the driver is at fault, it’s often because they:

  • Were speeding
  • Failed to yield to the pedestrian
  • Were driving while distracted
  • Were driving under the influence of alcohol or drugs
  • Were driving a vehicle that suffered equipment failure (bad tires, lost brakes, etc.)

In contrast, when the pedestrian is at fault for the accident, it may be because they:

  • Ignored a traffic signal
  • Jaywalked
  • Were walking in or near high-speed traffic
  • Were walking on the roadway instead of the sidewalk
  • Were intoxicated or under the influence of drugs

Omaha and Nebraska Pedestrian Accident Statistics

Recent pedestrian accident statistics show that Nebraska continues to experience serious roadway safety concerns, particularly in urban areas like Omaha. Preliminary 2025 data revealed a significant increase in pedestrian fatalities statewide, even as overall traffic deaths declined compared to the previous year.

  • 28 pedestrian fatalities were reported across Nebraska as of early December 2025.
  • Pedestrian deaths increased by 47% to 63% statewide compared to the same period in 2024.
  • November 2025 alone accounted for 8 pedestrian fatalities, making it one of the deadliest months of the year.
  • Omaha reported 9 pedestrian deaths in 2025, a slight decrease from the record-setting 14 fatalities reported in 2024.
  • Hit-and-run pedestrian accidents remain a growing concern in Omaha, including multiple fatal crashes reported in late 2025.
  • Most fatal pedestrian crashes in Omaha occur east of 72nd Street, particularly in North and South Omaha neighborhoods.
  • Safety advocates continue pushing for stronger distracted driving laws, including Nebraska’s proposed “hands-free” law, LB 594.

In response to these alarming trends, Omaha continues implementing its Vision Zero Action Plan, an initiative focused on eliminating traffic fatalities and serious injuries by 2045 through roadway redesigns, safer pedestrian crossings, and traffic safety improvements throughout the city.

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Pedestrian Accident Injury Compensation

The risk of a pedestrian dying in an accident is directly related to the speed the car is traveling. According to AAA, if a car hits a pedestrian while traveling at 23 mph, there is a 10 percent chance the pedestrian will be killed.

This risk increases exponentially with speed. At 32 mph, the risk is 25 percent; at 42 mph it is 50 percent; at 50 mph it is 75 percent; and at 58 mph the chance of pedestrian death is 90 percent. If the vehicle is a truck or tractor-trailer, the chance of death is even higher.

If the pedestrian survives the accident, they are often severely injured or permanently disabled. Some of the injuries that can occur during a pedestrian accident include:

Using common sense as a pedestrian can help you stay safe. Doing simple things like walking on the sidewalk, crossing only at crosswalks, and walking against the flow of traffic can go a long way toward preventing pedestrian accidents. Unfortunately, you can’t account for the actions of others. Innocent pedestrians are hurt and killed every day. Whether you’re hit by someone who didn’t see you as they were backing out of a parking spot or struck by a driver under the influence of alcohol, you have a right to seek compensation for your damages.

Contact Our Omaha Pedestrian Accident Lawyers Today

If you were injured in a pedestrian accident or lost a loved one in a wrongful death accident caused by a negligent driver, you deserve experienced legal representation you can trust. At Hauptman, O’Brien, Wolf & Lathrop, LLC, our attorneys are dedicated to helping injury victims and grieving families pursue compensation for medical expenses, lost income, pain and suffering, funeral costs, and other damages. We proudly represent clients throughout Omaha and across Nebraska and Iowa through our other offices in South Omaha, Lincoln, Bellevue, Council Bluffs, and Sioux City.

Our firm offers free consultations, and you pay no attorney fees unless we successfully recover compensation on your behalf. We are ready to guide you through every stage of the legal process and protect your rights, while you focus on recovery. Call us at (402) 241-5020 or contact us online to speak with an experienced pedestrian accident lawyer today.

Pedestrian Accident FAQ

What Are the Main Causes of Pedestrian Accidents?

In many cases, car accidents involving pedestrians are caused by the negligence of the driver of a motor vehicle. Examples of negligence that can lead to pedestrian accidents include:

  • Distracted driving: Texting and driving, talking on the phone, talking to passengers, eating, and applying makeup are all common sources of driver distraction. Distracted drivers often fail to spot other cars before crashing, let alone somebody walking across the street.
  • Excess speed: Drivers who are speeding have less time to brake and take evasive action to avoid a collision. Even if they look both ways, pedestrians may be caught unawares by a vehicle that is going too fast, and the driver may not be able to stop in time.
  • Taking corners too quickly: Drivers executing right and left turns need to check crosswalks for pedestrians before proceeding. If they fail to do so, they might cause an accident.
  • Running a stop sign or red light: Ignoring traffic signals and signs can quickly turn an intersection into the scene of an accident. However, drivers who run red lights and stop signs generally also fail to check crosswalks, putting pedestrians in danger as well.
  • Driving while intoxicated: Alcohol and drugs diminish visual acuity, reaction time, and good judgment. Drivers who are under the influence are much more likely to be in an accident with other motorists as well as pedestrians.

Parking lots and driveways are also common sites of pedestrian accidents. Drivers who fail to look behind their vehicle when backing out may hit or run over a pedestrian. Even at slow speeds, such an accident can result in serious injury – especially for small children.

What Happens If a Pedestrian Causes an Accident?

If you are at fault for an accident involving a motor vehicle while you were walking, you may be concerned about being unable to recover compensation for your injuries. Fortunately, Nebraska law allows at-fault individuals to pursue damages up to certain limits.

Under the law of comparative negligence in Nebraska, you may be entitled to compensation for a portion of damages so long as you are less than 50 percent at fault for the pedestrian accident. Your recovery will be reduced in proportion to your share of the fault.

What Is the Typical Settlement for a Hit Pedestrian?

Settlement amounts in any accident claim vary depending on the nature of injuries, the extent of damages, and other factors. The more important question is: What compensation may be available in your pedestrian accident case?

You may be entitled to compensation for losses such as:

  • Medical bills (present and future)
  • Lost wages
  • Loss of earning capacity, if your injuries prevent you from working
  • Pain and suffering
  • Disability
  • Disfigurement and scarring
  • Loss of consortium
  • Loss of enjoyment of life

A settlement is not the only option for recovering these and other damages in your pedestrian accident claim. If the at-fault driver’s insurance company refuses to compensate you fairly, your attorney can file a lawsuit on your behalf to pursue the compensation you deserve.

What Should I Do After a Pedestrian Accident?

If you have been seriously injured in a pedestrian crash, your first priority is to call 911. Unless you are in danger, try not to move. Emergency workers will evaluate your injuries, and they may take you to the hospital directly from the scene of the accident.

After receiving medical treatment, it is in your best interest to contact a pedestrian accident lawyer as soon as possible. Our attorneys can help with multiple aspects of your claim, including:

  • Investigating and documenting the scene of the accident
  • Requesting a copy of the police report
  • Interviewing witnesses
  • Determining the cause of the accident and who is at fault
  • Hiring experts to review your medical records and other evidence

Hiring a personal injury attorney after a pedestrian accident enables you to focus on recovering from your injuries. Your attorney can handle all aspects of building your claim, negotiating with the insurance company, etc. on your behalf.

Can I Still Recover Compensation If I Was Partially at Fault for the Pedestrian Accident?

Yes. Nebraska follows a modified comparative negligence rule, which means you may still recover compensation if you were partially responsible for the accident, as long as your share of fault is not greater than the other party’s. However, your compensation may be reduced based on your percentage of fault. An experienced pedestrian accident lawyer can help protect you from unfair blame by insurance companies.

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

If you were injured in a pedestrian accident in Omaha, or anywhere in Nebraska, you generally have four years from the date of the accident to file a personal injury lawsuit. However, certain circumstances can affect this deadline, especially if a government entity is involved or if the accident resulted in wrongful death. Waiting too long can negatively impact your ability to recover compensation, so it is important to speak with a pedestrian accident attorney as soon as possible.