How to Protect Your Rights After an Omaha Intersection Accident
Navigating busy Omaha intersections is an ordinary part of everyday life for many Nebraskans. However, staying safe on the road isn’t always easy. When other drivers treat traffic lights and stop signs as unwelcome obstacles, they endanger themselves and everyone around them.
Since 2007, the Law Office of Matthew A. Lathrop, PC, LLO, has fought for the rights of intersection accident victims in Omaha and across the state. A relentless advocate with nearly 30 years of trial experience, Matt Lathrop knows what it takes to help his clients obtain justice.
5 Steps to Protect Your Rights After an Intersection Accident
Car accident victims have a legal right to file a claim for compensation against the negligent driver who caused their injuries, but negotiating an insurance settlement or litigating a personal injury lawsuit isn’t easy.
You should protect your rights to a fair recovery by taking these steps:
1. Call 911
In Nebraska, drivers are expected to make a good-faith effort to exchange names and insurance information after an accident. However, more severe collisions sometimes require making a phone call to the local police department or filing a prompt report with the state Department of Transportation. You should always call 911 if you have been involved in a collision resulting in any of the following:
- Property damage estimated to exceed $1,500
- Any physical injury
- Death
State law gives drivers up to 10 days to file a report, but calling 911 allows law enforcement to start an immediate investigation. Even if officers cannot immediately determine fault, their findings could still be used to reinforce an eventual insurance claim or personal injury lawsuit.
2. Collect Evidence from the Crash Site
If you do not need emergency medical treatment, try to collect relevant evidence from the crash site. This could include:
- Pictures of the damage to your car
- Photographs of your visible injuries
- Images of any dangerous or defective conditions that may have contributed to your accident, such as a defective traffic light or a damaged stop sign
Even if your injuries preclude you from collecting evidence, the Law Office of Matthew A. Lathrop could help with your investigation and begin constructing a case while you focus on your physical recovery.
3. Speak to Eyewitnesses
If another driver or bystander saw your accident unfold, ask them for their full name, phone number, and other contact information. Their testimony could make a big difference in settlement negotiations or at trial.
4. Schedule a Doctor’s Appointment
You should always seek medical attention after a serious intersection accident, even if your injuries do not seem severe or life-threatening. Many car accident-related injuries—including internal organ damage, concussions, and whiplash—may not be immediately apparent. Yet, these injuries can have significant repercussions if left untreated. Seeing a doctor allows you to get your injuries diagnosed and treated while also creating a record of your attempts to seek care.
5. Exercise Caution When Speaking to Insurance Adjusters
Nebraska is an at-fault insurance state, which means that any claim you submit—or any personal injury lawsuit you file will likely involve the at-fault motorist’s insurance company.
It is typically in the insurance company’s best interests to minimize its own financial liability. Therefore, adjusters may try to reduce potential settlements by:
- Asking you to provide a recorded statement and then using your own words against you
- Demanding unrestricted access to your medical records and attributing accident-related injuries to preexisting health conditions
- Offering a fast and “easy” settlement, which might help pay your hospital bills but does not account for other damages like lost income from work or the burden of your emotional pain and suffering
How the Law Office of Matthew A. Lathrop Could Help You Secure a Fair Settlement
The Law Office of Matthew A. Lathrop has decades of experience helping Omaha car accident victims protect their rights. We could help you secure a fair settlement or a court-ordered award by:
- Investigating the causes of your intersection collision and determining who should be held liable for your injuries
- Reviewing your medical records, assessing your immediate and longer-term needs, and calculating your damages
- Interviewing eyewitnesses and retaining the services of crash-reconstruction experts to answer any unsolved questions about your accident
- Negotiating with insurance companies on your behalf
- Anticipating defenses and preparing to take your case to trial