This form is a sample personal injury complaint filed by the guest passenger in a vehicle involved in accident.
Nebraska Complaint regarding Auto Accident (Guest Passenger vs Defendant Driver)
State:
Multi-State
Control #:
US-PI-0290
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Complaint Regarding Auto Accident (Guest Passenger Vs Defendant Driver)?
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FAQ
Because defendant has charged the plaintiff with negligence, it is his/her burden to prove that plaintiff was negligent and that such negligence was a proximate cause of the accident. Defendant also must prove his/her charge by a preponderance or greater weight of the credible evidence.
Ordinary negligence has four elements: a duty of care owed to the plaintiff, this duty of care breached by the defendant, causation for the accident or injury in question, and damages suffered.
Fleeing the scene of an accident is a serious offense in Nebraska. If the accident led to property damage only, the offense is treated as a Class II misdemeanor, which could result in up to six months in jail, a fine of up to $1,000, or both.
As part of any sentence, suspended sentence, or judgment of conviction under this section, the court may order the defendant not to drive any motor vehicle for any purpose in the State of Nebraska for a period of up to one year from the date ordered by the court.
You cannot leave the scene of an accident without stopping if there was physical or property damage. If you were injured or your property was damaged and the other driver was at fault, you are entitled to compensation.
Comparative Negligence For example, if a plaintiff's total damages are $100,000, and the plaintiff is 25% at fault, the plaintiff can recover $75,000 of the damages and will be responsible for $25,000.
Nebraska follows the 50 percent bar rule of modified comparative negligence, meaning that any party in a personal injury case found to be at or over 50% at fault is barred from recovering any damages.
Modified comparative negligence is principled in most U.S. states, including Nebraska. Nebraska follows the 50 percent bar rule of modified comparative negligence, meaning that any party in a personal injury case found to be at or over 50% at fault is barred from recovering any damages.