Injured in a Blizzard? Here Is What You Need to Know About Insurance Claims in Nebraska
Omaha residents were not expecting it. One day, it felt like winter was finally easing up. The next, a sudden blizzard swept through the metro, covering streets, parking lots and neighborhood sidewalks in snow and ice within hours.
When storms hit this fast, conditions can deteriorate before plows can respond. Black ice forms at busy intersections. Visibility drops suddenly on the interstate. Snow-packed side streets become difficult to navigate. Even cautious drivers can lose control in seconds. At the same time, untreated sidewalks, icy entryways, and poorly cleared parking lots create serious fall hazards.
What started as a routine commute across Omaha, a quick stop at the grocery store, or a walk into a local business can quickly turn into a serious car accident, truck collision, or slip and fall injury.
If you were hurt in this recent blizzard, whether in a car accident, a truck collision, or a slip and fall, you may be asking: Can I still file an insurance claim? The short answer is yes. Winter weather does not automatically excuse negligent driving or unsafe property conditions.
Jason Bottlinger is a trusted Omaha personal injury lawyer. Bottlinger Law L.L.C. has put together this helpful guide to answer your questions.
Does Bad Weather Automatically Mean No One Is at Fault?
No. While snow and ice contribute to accidents, drivers and property owners still have legal responsibilities.
In Nebraska, drivers must operate their vehicles with reasonable care under the conditions. That means adjusting speed, increasing following distance, and maintaining control, even in snow or icy conditions. If someone was driving too fast for the weather, following too closely, or failing to clear snow from their vehicle, they may still be considered negligent.
Similarly, property owners have a duty to maintain reasonably safe premises. Businesses, landlords, and homeowners are generally expected to address dangerous accumulations of snow and ice within a reasonable time after a storm.
Weather may be a factor, but it is not always a defense.
Common Blizzard-Related Injury Claims
Blizzards often lead to several types of personal injury claims in Nebraska:
Car Accidents
Snow-covered roads, black ice, and reduced visibility frequently cause:
- Rear-end collisions
- Multi-vehicle pileups
- Intersection crashes
- Run-off-the-road accidents
- Truck accidents
Even if the storm created dangerous conditions, another driver may still be liable if they failed to drive responsibly.
Slip and Fall Accidents
Icy sidewalks, parking lots, and entryways are common hazards after a winter storm. If a business or property owner failed to clear snow and ice within a reasonable timeframe, they may be responsible for injuries.
Pedestrian Injuries
When roads and walkways are not properly cleared, pedestrians may be forced into unsafe areas, increasing the risk of being struck by a vehicle.
What Should You Do After a Blizzard Accident in Nebraska?
The steps you take immediately after an accident can affect your insurance claim.
- Seek Medical Attention
Even if injuries seem minor, it is important to be evaluated. Some injuries, such as concussions or soft tissue damage, may not appear immediately.
- Document the Scene
If it is safe to do so, take photos or videos of:
- Road conditions
- Ice or snow accumulation
- Vehicle damage
- Surrounding property conditions
Winter conditions can change quickly. Snow may melt, be plowed, or be treated with salt. Documentation helps preserve evidence.
- Report the Incident
For car accidents, contact law enforcement so a report can be created. For slip and fall accidents, notify the property owner or manager.
- Avoid Giving Recorded Statements Without Advice
Insurance adjusters may contact you quickly. It is important to be cautious when discussing fault or the extent of your injuries.
How Insurance Claims Work in Nebraska
Nebraska follows a modified comparative negligence rule. This means a person may recover compensation as long as they are not more than 50% at fault for the accident. However, any compensation may be reduced by their percentage of fault.
For example, if someone is found 20% responsible for a winter crash and their damages total $100,000, their recovery may be reduced to $80,000.
Insurance companies often argue that bad weather, and not their insured driver, caused the accident. They may try to shift blame or minimize settlement offers. Having a clear understanding of Nebraska law can make a significant difference.
What Compensation May Be Available?
If someone else’s negligence contributed to your injury during a blizzard, you may be able to pursue compensation for:
- Medical expenses
- Future medical treatment
- Lost income
- Reduced earning capacity
- Pain and suffering
- Other related financial losses
Every case is different. The severity of the injury, the extent of liability, and available insurance coverage all affect the value of a claim.
What If the Other Driver Was Uninsured?
Winter storms sometimes involve drivers who do not carry sufficient insurance. In those cases, you may need to rely on your own uninsured or underinsured motorist coverage.
Nebraska drivers are typically required to carry this type of coverage unless they reject it in writing. Reviewing your insurance policy carefully can help determine your options.
How Long Do You Have to File a Claim in Nebraska?
In Nebraska, most personal injury claims must be filed within four years from the date of the accident. However, claims involving government entities may have much shorter notice requirements.
Every case is different and there are exceptions. That’s why we strongly encourage you to speak with a qualified attorney about your claim as soon as possible.
Challenges Unique to Nebraska Blizzard Claims
Winter weather claims often involve additional complications:
- Disputes over whether conditions were “unavoidable”
- Questions about how long a property owner had to remove snow
- Multi-vehicle crashes where fault is divided among several drivers
- Delayed medical treatment due to weather-related closures
Insurance companies may argue that accidents were simply “acts of nature.” However, people still have legal duties, even during severe weather.
When Should You Speak With an Attorney?
If you suffered significant injuries, missed work, or are facing mounting medical bills, it may be helpful to speak with a Nebraska personal injury attorney.
An attorney can:
- Investigate the circumstances of the accident
- Review insurance coverage
- Handle communication with insurance companies
- Help determine liability
- Advocate for fair compensation
Winter accidents can quickly become complicated. Having guidance may provide clarity and peace of mind during a difficult time.
Talk to a Trusted Omaha Personal Injury Attorney
Blizzards may be unpredictable, but your legal rights should not be. If you were injured in a car accident, slip and fall, or other incident during a Nebraska winter storm, you do not have to navigate the insurance process alone.
At Bottlinger Law L.L.C., we understand how overwhelming it can feel after a serious accident. We are committed to providing clear information and compassionate support so you can make informed decisions about your next steps.
If you have questions about your situation, call (402) 505-8234 for a free consultation.
We are here to listen and help you understand your options.
Bottlinger Law
Consultation Form
Our legal team is ready to help. Please fill out the form below to set up a free consultation with the Bottlinger Law team.