Find out your legal duties after an accident
This article provides a comprehensive overview of Nebraska's hit-and-run laws. It addresses the frequency of such accidents, outlines the legal obligations after a crash, details the penalties for fleeing the scene, and provides helpful insights on how to recover damages.
Imagine that you’re driving home on a peaceful Nebraska evening. Suddenly, a car sideswipes you and speeds away into the night, leaving you injured and stunned in a wrecked vehicle.
This is the frightening reality of a hit-and-run accident. Every year, these types of car accidents leave numerous victims grappling with pain, medical bills, and the question: What next?
How common are hit-and-run accidents?
Hit-and-run crashes are those in which at least one person involved in the crash flees the scene without offering any information or aiding the other people involved in the crash.
According to the AAA Foundation for Traffic Safety, a hit-and-run crash happens somewhere in the United States every 43 seconds.
Drivers involved in hit-and-run accidents are more likely to be young males and have a history of prior DWI and license suspension.
A study examining why drivers flee crashes found a host of reasons, including:
- Concealing criminal activity (such as driving without a license)
- Not believing the crash was serious enough to warrant stopping
- Not knowing they were in a crash
- Trying to hide the fact that they were under the influence of alcohol or drugs
Nebraska’s hit-and-run statutes
Nebraska’s hit-and-run statutes can be found in Nebraska Revised Statutes Section 60-696 and Section 60-697.
The statutes requires drivers to do three things following a crash:
- Immediately stop your vehicle at the scene of the accident,
- Give your name, address, telephone number, and driver’s license number to the other drivers involved in the crash, and
- Render reasonable assistance to any person injured in the accident.
Under Nebraska law, drivers who hit unoccupied vehicles have certain duties as well. These include:
- Immediately stop your vehicle at the scene of the accident,
- Leave a written notice containing your name, address, telephone number, and driver’s license number in a conspicuous place (such as on the windshield), and
- Report the accident to the closest police department.
Penalties for committing a hit-and-run in Nebraska
Fleeing the scene of an accident is a serious offense in Nebraska.
If the accident led to property damage only, the offense is treated as a Class II misdemeanor, which could result in up to six months in jail, a fine of up to $1,000, or both.
If the accident leads to serious injury or death, the offense is treated as a Class III felony, punishable by up to four years in prison, two years post-release supervision, a $25,000 fine, or any combination of these.
Here’s a summary of the penalties for a hit-and-run conviction in Nebraska:
| Nebraska hit-and-run penalties | ||||
|---|---|---|---|---|
| Type of accident | Offense | Jail | Fine | Other |
| Property damage only | Class II misdemeanor | Up to 6 months | $1,000 | License suspension for at least one year |
| Injury | Class IIIA felony | Up to 3 years and 18 months post-release supervision | $10,000 | License suspension for at least one year |
| Serious injury or death | Class III felony | Up to 4 years and 2 years post-release supervision | $25,000 | License suspension for at least one year |
What should I do if I fled the scene of an accident?
If you panic and leave the scene of an accident, it’s important to report the accident as soon as possible. Not only is it the right thing to do, but it could result in some leniency with respect to your punishment.
It’s also a good idea to reach out to a criminal attorney to help you navigate the legal repercussions.
How do I recover damages after a hit-and-run accident?
It’s easier to recover damages following a hit-and-run accident in Nebraska than in most states. This is because Nebraska requires drivers to carry uninsured motorist (UM) coverage, which can be used if you’re involved in an accident with a hit-and-run driver.
If your damages exceed your UM policy (and you’re unable to identify the hit-and-run driver), the following optional insurance policies may provide some coverage:
- Personal injury protection (PIP) coverage. PIP coverage provides up to $10,000 in coverage regardless of who’s at fault. Whether or not PIP covers hit-and-run accidents depends on your specific policy.
- MedPay coverage. MedPay coverage provides coverage for medical expenses regardless of who’s at fault. Again, whether or not MedPay covers hit-and-run accidents depends on your specific policy.
Five FAQs about hit-and-run accidents in Nebraska
Still have questions about hit-and-run accidents in Nebraska? Let’s see if we can answer them:
If the driver is ultimately found, you can file an insurance claim with the driver’s insurance company or a personal injury lawsuit against the driver.
Yes, if you have UM coverage, it typically includes compensation for pain and suffering.
The Nebraska statute of limitations limits the amount of time injured persons have to file a lawsuit. In the case of a hit-and-run accident, Nebraska victims have four years from the date of the accident to file a lawsuit, or their lawsuit will be forever barred.
If your insurance company denies your claim, it’s probably time to seek legal counsel. In addition to negotiating with your insurance company, an attorney can file a bad faith lawsuit against your insurer.
Nebraska follows a modified comparative negligence rule, meaning you can still recover damages so long as you’re less than 50 percent at fault. However, your damages will be reduced by your percentage of fault.
Victims of hit-and-run accidents face many hurdles, but knowing your rights and legal options can help you recover the compensation you deserve.
See our guide Choosing a personal injury attorney.