Omaha Pedestrian Accident Lawyer

Are You in Need of a Trusted Omaha Pedestrian Accident Lawyer?

When a person is struck by a vehicle while walking, the outcome can be devastating. Pedestrians have no physical protection against the force of a car, truck, or SUV, which means even low-speed collisions can result in life-altering injuries or worse.

If you or a loved one has been hurt in a pedestrian accident in Omaha, the road to recovery may feel overwhelming. At Bottlinger Law L.L.C., we understand how traumatic these events are, and we’re committed to helping you heal—physically, emotionally, and financially.

Whether your accident happened in a crosswalk, near a school zone, or while crossing mid-block, our legal team will work to hold the at-fault party accountable and pursue full compensation for your losses.

Why Choose Us Over Other Omaha Pedestrian Accident Attorneys?

• Attorney Jason Bottlinger has been practicing law since 2006 and is licensed in multiple states
• Top 100 Trial Lawyer, as named by The National Trial Lawyers
• Member of the Million and Multi-Million Dollar Advocates Forum, a recognition for securing multi-million-dollar verdicts and settlements
• A+ rating from the Better Business Bureau, demonstrating ethical conduct and outstanding client service
• Recognized by Expertise.com as one of Omaha’s Best Personal Injury and Car Accident Lawyers
• Free consultations and contingency-based representation—you pay nothing unless we win for you

Protecting the Rights of Injured Pedestrians in Omaha

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.

If you have been seriously injured due to a driver’s recklessness, speak with an Omaha pedestrian accident lawyer at Bottlinger Law L.L.C. today by calling (402) 505-8234.

I would highly recommend Bottlinger Law L.L.C.! Very pleasant atmosphere! Very caring and genuine people!”
–Anonymous
  from Google

Common Causes of Pedestrian Accidents

Most pedestrian accidents are not random. They result from careless or reckless behavior, often by drivers who fail to follow traffic laws or watch for people on foot. Common causes include:

• Distracted driving (texting, GPS use, eating)
• Speeding, especially in residential or downtown areas
• Failure to yield at marked crosswalks
• Illegal turns through intersections
• Running red lights or stop signs
• Driving under the influence of drugs or alcohol
• Poor visibility (dark conditions, unlit crosswalks)
• Aggressive or impatient driving during traffic congestion

How Drivers Cause Pedestrian Accidents

Even though the laws in Nebraska are designed to protect pedestrians, car, and truck drivers frequently ignore pedestrians in protected areas such as crosswalks. In fact, it’s common for drivers to creep into the crosswalk at an intersection without even looking for pedestrians, and drivers making right-hand turns are likely to be negligent about looking before entering a crosswalk. Failure to yield at intersections is a major cause of accidents, even when crosswalks are clearly marked, and the pedestrian has the right-of-way. Drivers making left-hand turns can also be careless about noticing pedestrians.

Omaha pedestrian-related automobile accidents are usually caused by reckless drivers. That’s because pedestrians know they must look out for cars, but drivers are often heedless about the rights of pedestrians. Intoxicated driving is a well-known contributing factor when it comes to automobile accidents. Speeding, making unsafe turns, and not slowing down to protect children in school zones or where a school bus is present are just some of the other ways drivers ignore the rights of others.

Compensation Available for Pedestrian Accident Victims

If you’ve been injured as a pedestrian, Nebraska law allows you to pursue compensation from the at-fault party. At Bottlinger Law L.L.C., we help clients recover damages for:

• Medical expenses (emergency care, surgeries, follow-ups)
• Future medical needs (rehab, mobility aids, home modifications)
• Lost wages and reduced earning potential
• Pain and suffering
• Emotional distress and trauma
• Disfigurement or permanent disability
• Loss of enjoyment of life

In fatal accidents, families may also be entitled to wrongful death compensation, including funeral costs and loss of financial and emotional support. We tailor our approach to each client’s unique situation to pursue maximum recovery.

Common Types of Pedestrian Accident Cases We Handle

Every pedestrian accident has its own circumstances, but many fall into familiar patterns. There are some types of cases we most often handle.

Crosswalk Accidents

Even in marked crosswalks, pedestrians are frequently struck by drivers who fail to yield or are unaware of their surroundings.

Hit-and-Run Incidents

A driver fleeing the scene compounds the damage. We assist victims in tracking down responsible parties or pursuing uninsured motorist claims.

Sidewalk Collisions

Drivers who lose control or drive up onto sidewalks can cause severe injuries to people walking nearby.

Parking Lot Accidents

These often occur at lower speeds but can still result in serious injuries, especially when a vehicle backs into a pedestrian.

School Zone Incidents

Children are especially vulnerable near schools. These accidents often involve failure to obey crossing guards or school zone speed limits.

Jaywalking or Mid-Block Crossings

Even when crossing mid-block, pedestrians may still be eligible for compensation if the driver was speeding or distracted at the time of the accident.

Drunk or Impaired Driving Accidents

Drivers under the influence are less likely to notice pedestrians or stop in time. These are often the most catastrophic collisions.

Construction Zone Accidents

Sidewalk closures and roadwork can force pedestrians into unsafe areas. When signage is poor or drivers are careless, serious accidents can occur.

No matter how your accident occurred, Call Bottlinger Law L.L.C. at (402) 505-8234 to explore your options and fight for justice.

Unsafe Winter Driving

When drivers fail to take note of winter weather conditions, the results can be tragic. As temperatures drop and snowflakes begin to fall, the risk of automobile collisions with pedestrians increases dramatically, making pedestrian safety a critical issue.

Drivers must take extra precautions in fog, rain, snow, or ice because these conditions reduce visibility and increase the stopping distances. That means drivers must slow down, look out for pedestrians, and be extra vigilant at crosswalks and intersections.

Pedestrian Dangers in a Parking Lot

Many factors can lead to a pedestrian being struck by a vehicle in a parking lot. That’s because any time you have pedestrians walking among cars, it creates a dangerous situation. Drivers are often in a hurry to get to their destination, and they aren’t always looking out for pedestrians when searching for a space. Backing up is a particularly hazardous activity where pedestrians are present. Traffic laws are rarely enforced in parking lots because there usually isn’t a specific person assigned to it.

Speeding and aggressive behavior are common, and tempers often flare over confusing right-of-way laws. Plus, visibility for both drivers and pedestrians is seriously impacted by rows of parked vehicles. If you're a pedestrian in a parking lot, take your time and be sure your path is clear. The same is true for drivers, who must be even more careful: walkers can emerge suddenly from between parked cars, seemingly out of nowhere. Speed limits should be posted and followed, generally between 5–15 mph. But in Nebraska, the law is "No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing…special hazards exist with respect to pedestrians."

The store or city entity that owns or operates the parking lot does have some responsibility in all this. While drivers are expected to use common sense in watching out for pedestrians, sometimes that is not enough. After a vehicle-pedestrian collision in Omaha, a parking lot's owner could additionally be liable for the following reasons:

• Proper signage is scarce, which results in dangerous conditions.
• Dim lighting causes low visibility, which leads to dangerous conditions or hides dangerous conditions from sight.
• The parking lot lacks crosswalks or paths, not giving pedestrians safe access to the store's entrance.
• The parking lot features risky and dangerous conditions that can lead to slip-and-falls, trip-and-falls, and other injuries.

If You Are in an Omaha Pedestrian Accident

If a pedestrian 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, the fault is determined based on 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

If both parties are at fault for the accident, the outcome of 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. Some states follow 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.

Why You Need an Omaha Attorney Who Handles Pedestrian Injuries

Unlike automobile passengers, pedestrians don’t have cars with seatbelts and airbags to protect them. Fatal accidents are common, as are cases with serious injury. Even if your pain may appear to be minor at first, the full extent of your injuries can become more apparent over time. In addition to paying for medical care, you may also face a long period of rehabilitation when you are unable to work. An experienced Omaha personal injury law firm like Bottlinger Law L.L.C. will walk you through the claim process and calculate the total amount of damages you are facing. This will include one or more of the following expenses:

• Physical Pain and Emotional Distress
• Paid or Outstanding Medical Bills
• Permanent Disability Costs
• Future Healthcare Costs
• The Loss of a Loved One
• Reduced Quality of Life
• Rehabilitative Care

Other Locations We Serve in Nebraska

• Bellevue
• Bennington
• Fremont
• Papillion and La Vista
• Ralston

Recent Pedestrian Accident Case Results

$500,000 Settlement - Non-Surgical Soft Tissue Injury, Pedestrian-motor Vehicle Collision

A $500,000 settlement was achieved in a case involving a pedestrian-motor vehicle collision that resulted in non-surgical soft tissue injuries.

$165,000 Settlement - Pedestrian-Motor Vehicle Collision, Soft Tissue Injuries

A $165,000 settlement was achieved in a case involving a pedestrian-motor vehicle collision, resulting in soft tissue injuries.

Frequently Asked Questions About Pedestrian Injury Cases

Do I need a lawyer for a pedestrian accident claim in Nebraska?

While not required, having a lawyer greatly increases your chance of recovering full compensation—especially when the insurance company tries to minimize or deny your claim.

What if the driver fled the scene?

You may still be able to recover compensation through uninsured motorist coverage or a civil suit once the driver is identified. Our team can help investigate.

Can I recover compensation if I wasn’t in a crosswalk?

Yes. While being in a crosswalk strengthens your case, drivers still have a duty to watch for pedestrians. If the driver was speeding, distracted, or otherwise careless, you may still have a strong claim.

What if I can’t afford a lawyer?

We work on a contingency fee basis—you pay nothing unless we win your case. Your financial situation should never prevent you from getting justice.

How long does a pedestrian accident case take to resolve?

It varies. Some cases in Omaha settle in a few months, while others take longer due to medical complexity or litigation. We keep you informed every step of the way.

Who is at fault in a pedestrian accident in Nebraska?

Liability is based on who acted negligently. While drivers are often at fault, pedestrian behavior (e.g., jaywalking) can also be a factor. Nebraska uses comparative negligence laws, so partial fault may reduce your compensation.

Bottlinger Law L.L.C.—We're Here to Help

At Bottlinger Law L.L.C., we know this is a difficult time in your life, and that’s why we listen to your concerns with compassion. We handle cases in Nebraska, Iowa, Texas, and throughout the Midwest. To determine which laws apply to your case, contact our office today at (402) 505-8234 today and speak with an experienced Omaha auto accident attorney. We will do everything we can to get you the best possible result.

Additional Information

• Legal Steps After a Pedestrian Hit-and-Run in Omaha
• Pedestrian Safety in Omaha: Navigating Crosswalk Laws
• Your Right to Safety as a Pedestrian in Omaha