Disclaimer: This article provides general information about Nebraska law. It is not legal advice. Consult an attorney for guidance on your specific situation.
Detailed Answer
To win compensation after a bus crash in Nebraska, you must prove two key elements: (1) fault (negligence) and (2) damages. Nebraska applies a comparative negligence system (Neb. Rev. Stat. § 25-21,185). You can recover even if you share some blame, but your award decreases by your percentage of fault.
1. Proving Fault
- Police & Crash Reports: Obtain the official Nebraska State Patrol or local police report. It records statements, citations, and basic reconstruction of the collision (see Neb. Rev. Stat. § 60-697).
- Eyewitness Statements: Secure written or recorded accounts from passengers, bystanders, or other drivers who saw the crash.
- Video & Photographic Evidence: Collect dash-cam, traffic-camera, security-camera, and smartphone footage. Take photos of vehicle damage, tire marks, and road conditions immediately after the collision.
- Vehicle & Maintenance Records: Request the bus company’s inspection logs, maintenance schedules, and repair history. State law requires regular inspections under the Nebraska Rules of the Road (Neb. Rev. Stat. § 60-6,294).
- Driver Records: Obtain the bus driver’s license status, training certificates, and hours-of-service logs. Federal regulations also govern commercial driver fatigue.
- Expert Analysis: Hire accident reconstruction specialists to analyze speed, impact angles, braking distance, and point of collision.
2. Proving Damages
- Medical Records & Bills: Document all treatments, hospital stays, diagnoses, prescriptions, therapy sessions, and their costs.
- Lost Income & Earning Capacity: Provide pay stubs, W-2 forms, and employer statements showing days missed and any long-term work restrictions.
- Pain & Suffering: Keep a pain journal, document lifestyle changes, and secure testimony from mental health professionals if needed.
- Property Damage: Submit repair estimates or total-loss appraisals for personal items destroyed in the crash.
- Expert Witnesses: Use medical, vocational, and economic experts to quantify future medical needs and lost earning potential.
3. Deadlines & Legal Standards
- Statute of Limitations: File your suit within four years of the crash (Neb. Rev. Stat. § 25-207).
- Comparative Negligence: Nebraska reduces your recovery by your percentage of fault. If you are 20% at fault, your award decreases by 20% (Neb. Rev. Stat. § 25-21,185).
Helpful Hints
- Preserve all evidence promptly. Photos and statements fade over time.
- Notify your insurer and any relevant trucking or transit agency as soon as possible.
- Track all medical appointments and keep copies of every bill and report.
- Consider hiring a legal professional familiar with Nebraska personal injury law.
- Keep a daily log of your symptoms, activity limitations, and expenses.