Pedestrian Accident Lawyer in Omaha, Nebraska
When a vehicle strikes a pedestrian in Omaha, the injuries can be severe. A lawyer can determine who may be responsible, preserve important crash evidence, and seek the compensation available under Nebraska law.
Why Pedestrian Accident Claims in Omaha Are Legally Complex
Nebraska law requires drivers to yield to pedestrians in many situations. Under Neb. Rev. Stat. § 60-6,153, when traffic signals are not in place or not working, a driver must yield to a pedestrian crossing within a crosswalk in the driver’s lane or the adjacent lane. Where signals are working, pedestrian signals and other traffic rules control. Drivers must also use reasonable care to avoid hitting pedestrians. When a driver fails to do so and strikes someone on foot, the injured person may have grounds for a personal injury claim.
These claims can become complicated when insurance companies try to place some of the blame on the pedestrian. Insurers may argue that the pedestrian crossed outside a crosswalk, wore dark clothing at night, or was distracted by a phone. Nebraska law does require pedestrians who cross outside a marked or unmarked crosswalk to yield the right-of-way to vehicles (Neb. Rev. Stat. § 60-6,154), and insurers often rely on that rule. That does not end the driver’s duty to use due care, but it can affect how fault is divided.
Where Pedestrian Crashes Happen Regularly in the Omaha Area
High-risk roads in Omaha include North 24th Street, South 24th Street through the South Omaha commercial district, Dodge Street from downtown to Midtown, and Ames Avenue through North Omaha. Pedestrian crashes also occur regularly along Galvin Road in Bellevue and near businesses along Highway 370 in Papillion.
Some of these roads have poor lighting, damaged sidewalks, or crosswalk signals that give pedestrians too little time to cross safely. If a government agency’s failure to maintain safe roads or walkways contributed to a crash, a separate claim against the City of Omaha or another agency may be possible. Claims against a city or other political subdivision require a written claim within one year under Neb. Rev. Stat. § 13-919.
What Damages Can a Pedestrian Accident Victim Recover in Nebraska?
Injured pedestrians in Nebraska may recover both economic and non-economic damages. Economic damages cover financial losses, such as past and future medical bills, rehabilitation, assistive devices, lost wages, and a reduced ability to earn income. Non-economic damages cover pain, emotional distress, scarring, disfigurement, and the loss of enjoyment of activities.
If a pedestrian dies, the family may have a wrongful death claim, and the estate may also have a claim for the victim’s own losses before death. Nebraska law generally does not allow punitive damages, so compensation is focused on the losses the victim and family actually suffered.
How an Omaha Pedestrian Accident Lawyer Investigates Your Claim
Evidence from a pedestrian crash can disappear quickly. Nearby businesses may keep security footage for only 24 to 72 hours. Rain can wash away skid marks and debris, and people who saw the crash may leave before investigators can speak with them. An
Omaha pedestrian injury lawyer can promptly send letters asking the driver’s insurer, the city, and nearby businesses to preserve relevant evidence.
Your attorney can obtain the Omaha Police Department crash report, review available body camera or dashcam footage, and hire an accident reconstruction specialist if there is a dispute about fault. They can also gather medical records showing your injuries and how they relate to the crash. If a commercial vehicle was involved on Dodge Street or near downtown Omaha, company vehicle records and driver logs may also help.
Government Liability in North Omaha Crosswalk Crashes
If your crash involved a broken crosswalk signal, a missing stop sign, or a pothole that caused you to fall into traffic, the City of Omaha or the Nebraska Department of Transportation may share responsibility. Claims against the City of Omaha fall under the Political Subdivisions Tort Claims Act, Neb. Rev. Stat. §§ 13-901 through 13-926. Claims against the Nebraska Department of Transportation fall under the State Tort Claims Act and must be filed in writing within two years under Neb. Rev. Stat. § 81-8,227.
For city claims, you must meet the one-year written claim deadline rather than rely on the general four-year personal injury deadline. A lawsuit against the city must generally be filed within two years. These deadlines can be easy to miss while you focus on recovery. An
Omaha personal injury lawyer at our firm can explain whether you may have a government liability claim as well as a claim against the driver.
FAQ: Pedestrian Accident Claims in Omaha
What should I do immediately after being hit by a car in Omaha?
Call 911 and seek emergency medical care. If you can safely do so, take photographs of the vehicle, the driver, and the crash site, and save any other available evidence.
Can I recover if I was jaywalking when I was hit?
Possibly. Nebraska’s comparative negligence law allows you to recover compensation if you share some fault, as long as your share is below 50 percent. Whether you have a claim depends on the facts of the crash.
How long do I have to file a pedestrian accident lawsuit in Nebraska?
Generally, four years from the injury date under Neb. Rev. Stat. § 25-207. Written claims against cities or other political subdivisions are due within one year; state claims are due within two years. Wrongful death lawsuits generally must be filed within two years of the date of death under Neb. Rev. Stat. § 30-810.
What if the driver who hit me was uninsured?
Your own uninsured motorist coverage may help cover your losses. An attorney can review your policy and look for other available sources of compensation.
Do I need a lawyer if the driver’s insurance company has already contacted me?
It is wise to speak with an attorney before giving a statement to the other driver’s insurer or accepting an offer. An early settlement offer may come before you know the full extent of your injuries.
Speak With a Pedestrian Accident Lawyer in Omaha
If you or a loved one was hit by a vehicle in Omaha, Bellevue, or elsewhere in Douglas or Sarpy County, you can call Harris & Associates at (402) 397-1202 for a free consultation. We will go over your case with you and help you understand your next steps.
Last reviewed: October 2026
This post was reviewed by James E. Harris, licensed in Nebraska since 1986.
Content is provided for informational purposes only and does not constitute legal advice. Consult a licensed Nebraska attorney for guidance specific to your situation.
| Damage Category | What It Covers | Evidence Needed |
|---|---|---|
| Medical expenses | Emergency care, surgery, rehabilitation, and future care | Bills, medical records, and a plan for future care |
| Lost wages | Income missed during recovery | Pay stubs and an employer letter |
| Lost earning capacity | A reduced ability to earn income over time | A work-capacity assessment and an economist’s analysis |
| Pain and suffering | Physical pain and emotional harm | Medical records and personal testimony |
| Disfigurement | Scarring or permanent changes in appearance | Photographs and medical records |
| Loss of enjoyment | Activities the injured person can no longer enjoy | Personal testimony and supporting records |
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Thank you for visiting the website of Harris & Associates, P.C, L.L.O Our experienced personal injury law firm represents clients in and around Omaha, NE. Our focus areas include truck and semitruck collisions, workplace injuries, workers' compensation, brain injuries and product liability and neglect. We can also represent clients for a variety of other legal matters.
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