Disclaimer: This article is for educational purposes and does not constitute legal advice.
Detailed Answer
If you suffered injuries as a passenger in a bus accident in Nebraska, you may pursue compensation by filing a negligence claim against the liable party. Under Nebraska law, negligence requires proofs of duty, breach, causation, and damages.
1. Duty and Breach
Bus drivers and operators owe passengers a duty to operate vehicles safely and comply with traffic laws.
2. Causation and Damages
To recover, you must show the breach directly caused your injuries and quantify damages such as medical expenses, lost wages, pain and suffering, and other out-of-pocket costs.
3. Comparative Negligence
Nebraska follows pure comparative negligence. Your recovery will reduce in proportion to your percentage of fault (Neb. Rev. Stat. §25-21,185).
4. Statute of Limitations
You generally have two years from the accident date to file a personal injury lawsuit (Neb. Rev. Stat. §25-207). If suing a public transit entity, you must first file an administrative claim within six months under the Political Subdivisions Tort Claims Act (Neb. Rev. Stat. §13-908), then file suit within two years of claim denial.
5. Insurance Claims and Lawsuits
Begin by filing a claim with the bus company’s insurer. Preserve all evidence—police reports, medical records, photos, and witness statements. If negotiations stall, file a lawsuit in county or district court, depending on your damages.
Helpful Hints
- Seek prompt medical care and document all treatments.
- Obtain and preserve the police report and accident scene photos.
- Keep records of all expenses related to your injuries.
- Note witness names and contact information.
- Review your own health insurance for subrogation rights.
- File any required administrative claims on time if the bus is government-operated.
- Consult a qualified attorney to assess liability and guide you through filing deadlines.