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Omaha Pedestrian Accident Lawyers

Most drivers are automatically on the lookout for other cars, but they may not give the same attention to pedestrians. In most pedestrian accidents, the driver may not have seen or noticed that the pedestrian was there until it was too late.

Pedestrian accidents are highly preventable, and it is the responsibility of the pedestrian and the driver to ensure no incidents occur.

Safety First!

Drivers should always be aware of their surroundings and not drive too closely behind bikes, rollerblades, scooters, or skateboards as it may be harder for them to stop at intersections. Watch out for distracted pedestrians, and pay attention to younger children and older adults as they may not know or be aware of traffic laws. Be sure to give them enough time to get across the street. Make eye contact so they know that you see them. If you are ever unsure of whose turn it is to go, always give the right of way to the pedestrian.

Pedestrians must obey all crosswalk and traffic laws and always look both ways before crossing the street. Put away all distracting items while you are crossing to ensure that you are fully aware of your surroundings. As a pedestrian, you are vulnerable and not protected by metal and padding like a car driver is, and a car accident could be fatal or cause serious injuries.

If You Are in a Pedestrian Accident:

Mistakes happen sometimes, no matter how hard we try to avoid them. If an accident does occur, remain calm and follow these steps:

  • Immediately call 911 if anyone is injured.
  • Make sure that you are out of the way of traffic and in a safe place.
  • File an accident report with the police.
  • Contact your insurance company and exchange information with the motorist.
  • Do not admit or imply fault.

Determining Fault

"Negligence" means a person committed a careless act or unlawful behavior. Once an accident occurs, fault is determined based by the negligence of the parties. Since a pedestrian accident can be fatal or cause serious injuries to the pedestrian, it is important to be an alert driver. Examples of driver fault include:

  • Running a red light
  • Not coming to a complete stop at a stop sign
  • Speeding
  • Driving off the roadway
  • Distracted driving (texting, talking on the phone, using GPS, watching a movie!, etc.)

Examples of pedestrian fault may include:

  • Jaywalking
  • Being in the crosswalk when they’re not supposed to be
  • Walking on the road instead of the sidewalk

Who Pays for Pedestrian Accidents?

If both parties are at fault for the accident, the outcome in a lawsuit varies from state to state. Most states, including Nebraska, go by the "comparative fault rule." This means that the payment amount to the pedestrian will diminish based on his or her percentage of fault, if any, in the accident. There are some states that go by the "pure contributory negligence rule" which means that if the pedestrian is at fault in any way, then he or she is responsible for paying for his or her own damages and injuries.

At Bottlinger Law L.L.C., we handle cases in Nebraska, Iowa, Texas, and throughout the Midwest. To determine which rules apply to your case, contact our office today at (402) 505-8234 to speak with an Omaha vehicle accident lawyer. We will provide you with excellent service and work diligently to see that you receive the best result possible.

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Bottlinger Law L.L.C.
2215 Harney St, Ste 202
Omaha, NE 68102
(402) 505-8234
jbottlinger@bottlingerlaw.com

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