Omaha Nebraska Pedestrian Accident Attorneys
Hit by a Car While Walking? An Omaha Pedestrian Accident Lawyer Can Help
Pedestrians are among the most vulnerable road users. A missed stop, distracted glance, unsafe turn, or speeding vehicle can cause fractures, traumatic brain injuries, spinal damage, or wrongful death in Omaha, Bellevue, Papillion, and throughout the metro.
Nebraska Revised Statute 60-6,109 requires drivers to exercise due care to avoid colliding with a pedestrian, including at least three feet of clearance when applicable, to give an audible signal when necessary, and to use proper precautions around children or obviously confused or incapacitated people. Crosswalk, signal, visibility, and fault questions still depend on the facts and other applicable rules.
If you or a loved one was struck by a vehicle, an experienced Omaha pedestrian accident lawyer can identify the responsible parties, preserve time-sensitive evidence, and evaluate every available insurance policy.
Rensch & Rensch Law brings 75+ years of our attorneys’ combined experience and more than 100 jury trials to claims involving lives changed by negligent driving.
Who's Liable When a Pedestrian Is Hit?
Usually it is the driver, but not always just the driver:
- The driver: for speeding, distracted driving, running a signal, failing to yield, driving under the influence
- The driver's employer: if the driver was on the clock (delivery vehicle, commercial vehicle operator, or rideshare driver mid-trip)
- The vehicle owner: if the owner let someone unfit (drunk, unlicensed) drive
- A government entity: rare, but possible for dangerous road design, faulty signals, or crosswalks made invisible by overgrown vegetation
- A third party: for example, a bar that over-served a driver who then hit you (Nebraska dram shop claims are narrow but available)
Common Omaha Pedestrian Accident Scenarios
- Crosswalk collisions: driver turning right on red or left across oncoming traffic fails to see the pedestrian
- Parking lot strikes: backing vehicles, drivers pulling out of spaces, distracted drivers in store lots
- Driveway exits: drivers backing out of a home or business driveway across a sidewalk
- Hit-and-run collisions: the driver leaves the scene, which elevates the case dramatically (criminally and civilly)
- Intersection turn-on-green conflicts: driver turns without waiting for the walk signal to clear
- Drunk-driving pedestrian strikes: these crashes can raise separate negligence, evidence, and insurance issues; our drunk-driving accident page explains that claim type
Evidence That Can Strengthen a Pedestrian Claim
- Police accident report (pedestrian-involved collisions get heavy scrutiny)
- 911 call recordings and dispatch logs
- Surveillance footage from nearby businesses and traffic cameras (often deleted within 7–30 days)
- Eyewitness statements (memories fade fast; we reach witnesses early)
- Skid marks, vehicle damage, and debris location
- Your medical records and injury progression
- The driver's phone records (if distraction is suspected; these must be preserved early or they are lost)
We seek to send preservation requests promptly when video, app data, vehicle records, or other evidence may be lost.
Our step-by-step guide after a Nebraska pedestrian collision explains immediate safety, reporting, evidence, medical-record, and insurer-communication priorities.
Insurance Realities in Nebraska
Even when driver liability appears clear, one policy may not cover every loss. Uninsured or underinsured motorist coverage may be another source of recovery, depending on the policy language, household relationships, vehicles, parties, and facts. We review the driver, owner, employer, rideshare, and potentially applicable household policies without assuming coverage.
Protect Your Rights
Call Rensch & Rensch Law at 402.498.4400
Compensation may include medical expenses (present and future), lost wages and earning capacity, pain and suffering, emotional distress, disfigurement, and loss of consortium for your family. We work on a contingency fee: no fee unless we win.
Our guide to pedestrian injury compensation in Nebraska explains how different loss categories, insurance coverage, causation, evidence, and comparative negligence may affect a claim.
Contact Rensch & Rensch Law
Call 402.498.4400 or submit the form below. We offer a free initial consultation and can come to your home or hospital room if your injury prevents travel.
Frequently Asked Questions: Omaha Pedestrian Accident Claims
How much does it cost to hire Rensch & Rensch Law?
There is no up-front cost. We handle personal injury cases on a contingency-fee basis — you owe no attorney fees unless we recover compensation for you. Your initial consultation is always free, whether by phone, video, or in person at our Omaha or Columbus offices.
Can I still recover if I was partly at fault for the accident?
Yes, often. Nebraska follows a modified comparative-fault rule: you can recover damages as long as your share of the fault is less than 50%, but your award is reduced by your percentage of responsibility. An experienced Omaha personal injury lawyer can help reduce disputed fault arguments from the other side.
Do I have to go to court if I file a personal injury claim?
Most personal injury claims in Nebraska settle before trial — the insurer weighs the cost of litigation against a fair settlement. If the insurer refuses to negotiate in good faith, Rensch & Rensch Law is prepared to file suit. Our attorneys have participated in more than 100 jury trials, so insurers know our cases are trial-ready.
Do pedestrians always have the right of way in Nebraska?
Not always. Crosswalk and traffic-signal rules depend on the location and circumstances. Separately, Nebraska Revised Statute 60-6,109 requires drivers to exercise due care to avoid colliding with pedestrians, give an audible signal when necessary, and use proper precautions around children or obviously confused or incapacitated people.
What if I was crossing outside a crosswalk when I was hit?
Crossing outside a marked crosswalk does not by itself resolve fault. Driver speed, visibility, lighting, distraction, and each person’s conduct matter. Nebraska comparative-negligence rules may reduce or bar recovery depending on the parties and the final allocation of fault.
What if the driver who hit me fled the scene?
Uninsured-motorist coverage may apply after a hit-and-run even when the injured person was walking, but coverage depends on policy definitions, insured relationships, notice requirements, exclusions, and the facts. The injured person’s policies and potentially applicable household policies should be reviewed rather than assumed.
What clients say
60+ 5-star Google reviews
I cannot say enough good things about our experience with Chase. He went above and beyond in every possible way. He was incredibly thorough, patient, knowledgeable, and genuinely compassionate and empathetic about what we were going through. He made sure we were completely prepared every step of the way. He answered all of our questions (and there were a lot of them ☺️) with patience and clarity, walking us through what to expect, and giving us detailed information and checklists so we never felt like we were going into anything blindly. What stood out just as much as his knowledge was how much he genuinely cared. He checked in with us throughout the process and even reached out the morning of just to wish us luck. We felt supported, prepared, and cared about from beginning to end. I would recommend him without hesitation to anyone looking for an attorney who is not only extremely knowledgeable, but truly invested in anyone he helps.
After being involved in a serious car accident, my life was turned upside down. As a medical professional, I understood the long-term impact that catastrophic injuries can have on a person’s life, so I knew I needed an attorney with significant experience handling complex injury cases. Choosing Sean and his team was one of the best decisions I have ever made. Sean is an absolute gem to work with. From day one, he treated me with compassion, respect, and genuine care. He took the time to answer every question I had, responded to emails quickly, and always made me feel like I was a priority. Throughout the entire process, he never allowed me to lose hope, even during some of the most difficult moments of my recovery. What stood out most was the incredible amount of hard work Sean and his team invested in my case. They handled the insurance companies, fought tirelessly on my behalf, and navigated every challenge with professionalism and expertise. Personal injury cases take time, and there were moments when the road ahead felt uncertain, but Sean was always there to guide me, reassure me, and keep me informed every step of the way. Because of Sean’s dedication, persistence, and experience with catastrophic injuries, I was able to focus on healing while knowing my case was in the best possible hands. Today, I have my life back, and I truly credit much of that to Sean and his amazing team. If you have suffered injuries in a car accident and need an attorney who genuinely cares about his clients, understands complex insurance matters, and will fight relentlessly for the best possible outcome, I cannot recommend Sean and his team highly enough. They changed my life, and I will always be grateful for everything they did for me.
Sean & Nate communicated with us regularly. They were competent, caring and responsive. There was no doubt Sean was respected by opposing counsel and the Judge. The negotiated outcome was done quickly and more than fair. We highly recommend Sean Rensch and the team at Rensch & Rensch Law.
I'm happy to contribute a positive review for Chase Murphy, based on some legal work he did for us recently. Chase was knowledgeable, and was able to explain the applicable law to us in clear terms. He was able to resolve our situation in just a few days, and we especially appreciated his timely communication. I would recommend Chase to others without reservation. Ed Hollingsworth
Worked with Chase primarily on my case but had Nate helping out too. Very kind people and very patient, don’t be afraid to ask them questions… i asked a million and more and always got a good response.
I worked with Chase for a car accident. He got me a really good amount for my settlement. He walked me through everything step-by-step. Definitely recommend Chase and his team for any Accidents :)
I've dealt with numerous lawyers in my life. I have referred people to lawyers I thought would do a good job. It seems like every time my friends/colleagues would report back that they had a negative experience. I started to wonder if I am just a bad judge of character, especially with regards to lawyers. That was until I met Sean and Dick Rensch. Personal injury law is way more complicated than I ever thought. These guys are pros and I feel lucky to have found them. Thanks for the chance to leave this review.
My mom was hit by a car and we were overwhelmed. Sean Rensch put us at ease immediately. He handled all medical bills, insurance, and secured a fair settlement so we could focus on her recovery. Professional, compassionate, and highly effective. Highly recommend Sean Rensch of Rensch and Rensch. Thank you, Sean!
I would highly recommend Chase Murphy if you have been in an accident. He is very kind and caring and will get you the best result from the insurance carriers involved.
So glad to give this review. I’ve been around lawyers my entire career videotaping depositions in Nebraska. When I got into a car crash recently, I did not hesitate to contact Rensch & Rensch Law. I’ve seen Dick and Sean in trial and in many depositions. This is the best injury firm in Nebraska. My case ended up being handled primarily by Rensch & Rensch attorney, Mitch Kohl (who I learned is a doctor and a lawyer!!!). Dr. Kohl did an excellent job for me. Clearly he fits in well with Sean and Dick. I need to thank them all, including paralegal Carley Adams. I’m so happy with how this case turned out. Thanks. John MacKnight
Sean Rensch, Nate and his team were so helpful, professional, always answered my phone calls or texts and always calmed me down when I was getting frustrated with how Workman's Comp was treating me. Sean and Nate told me from the beginning that it would be a LONG Process and it was, But they made it go smoothly and kept reassuring me that everything was going as they planned. It is in the pasted now, we Won my case and now I feel that I have made Life long Friends with Sean and Nate.
I was very pleased with the experience of working with Chase and Nate on my case, they were thorough, caring, and did everything they could to get the best outcome. I am very happy with how everything turned out! If you want to work with a lawyer who is truly caring about YOU and not just doing a job, please go see them. ALL of them at Rensch and Rensch are amazing and you won’t be disappointed!
I can’t thank this legal team enough for their incredible support. They communicated with me clearly and consistently throughout the entire process, making a difficult situation much easier to navigate. Chase and Nate truly went above and beyond checking in on how I was doing after the incident and even celebrating the small wins along the way. They were professional and compassionate. I’m so thankful for their help and highly recommend this team to anyone in need of legal representation.
I am so thankful to have found this law office on the internet! I had a few car accidents and even though this was a horrible experience to be in, Sean made this process and painless as possible. Thank you for all your help and support I will forever be thankful!
These guys were the upmost professional when I hired them. Were 100 percent of the time. Answered questions if I had them let me know how things were going. Gave me advice. Told me things might take long. It did and they were always there. I would hire them agian in a heartbeat.
Results That Matter
Every case is unique and past results do not guarantee future outcomes, but the firm’s track record shows what is possible when the facts support full recovery.
- $6 Million+ Complex Federal Court Claim Settlement during litigation of a complex personal injury claim in United States District Court.
- $3.5 Million Wrongful Death Confidential settlement for a newly-married widow in a difficult wrongful-death case against a national-company defendant with extensive defense resources.
- $3.18 Million Complex Negligence Settlement of a complex negligence claim just before trial.
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