Detailed Answer
Negligence occurs when one driver breaches a duty of care, causing injury or property damage. In Nebraska, you must prove four elements: duty, breach, causation, and damages.
1. Duty of Care
All drivers must obey traffic laws and exercise reasonable care. Nebraska Revised Statute § 60-6,140 mandates stopping at traffic-control signals.
2. Breach of Duty
Breach evidence includes running a red light, failing to yield at an exit, or speeding. Violating a traffic signal is often negligence per se, meaning a statutory breach alone can establish fault.
3. Causation
You must show the breach directly caused the collision. Eyewitness testimony, video footage, and event data recorder (EDR) downloads help link the signal violation or exit error to the crash.
4. Damages
Prove your losses with medical bills, repair invoices, lost-wage documentation, and receipts.
Key Types of Evidence
- Police Reports: The crash report filed under Neb. Rev. Stat. § 60-6,697 contains scene diagrams, witness statements, and officer findings.
- Photographs & Videos: Document vehicle damage, skid marks, signal heads, and intersection layout. Secure surveillance or dashcam footage early.
- Witness Statements: Gather signed, written accounts from people who saw the collision.
- Event Data Recorder (EDR): Extract braking, speed, and steering data from the vehicles’ black boxes.
- Traffic Signal Timing Logs: Request signal cycle and phase records from the local Department of Roads to confirm signal status at crash time.
- Expert Testimony: An accident reconstructionist can analyze speeds, angles, and impact forces to demonstrate breach and causation.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney to discuss your specific circumstances.
Helpful Hints
- Preserve raw photo and video files; avoid altering metadata.
- Request a free Nebraska State Patrol crash report promptly.
- Interview witnesses immediately to capture clear recollections.
- Consider hiring an accident reconstruction expert early if liability is contested.
- Keep a detailed record of medical treatments and repair cost estimates.