Omaha Fatal Car Accident Lawyer

Trusted fatal car accident lawyers with over 24 years of experience.

Ausman Law Firm P.C., L.L.O. has spent more than two decades representing families in Omaha and throughout Nebraska in fatal collision cases, and our Omaha, NE personal injury lawyer has the courtroom record and case preparation to hold negligent drivers and corporations accountable. We work on contingency, so you owe nothing unless we recover compensation for your family.

Fatal Car Accident Lawyer Omaha, NE

When a person dies because another driver was negligent, the law does not treat it the same as a criminal homicide charge. A wrongful death case is a civil claim brought by the personal representative of the deceased person’s estate, and its purpose is to recover compensation for the losses the surviving spouse and next of kin have suffered. A fatal car accident attorney in Omaha will evaluate the facts of the crash, identify all potentially responsible parties, and explain what your family may be able to recover. Because Nebraska places strict filing deadlines on these claims, getting legal guidance early is something families cannot afford to put off.

Types of Fatal Car Accident Cases We Handle in Omaha

Every fatal collision has its own facts, and the legal strategy depends entirely on how and why the crash happened. Ausman Law Firm P.C., L.L.O. has handled deadly crash cases across Omaha, NE and the surrounding communities, and below are the types we see most frequently.

• Drunk driving fatalities. When alcohol or drugs impair a driver’s ability to operate a vehicle, the resulting collisions are often violent and deadly. Families can pursue civil compensation for the wrongful death even while the criminal case is still pending. Repeat DUI offenders remain one of the most persistent dangers on Nebraska roadways.
• Distracted driving deaths. A driver checking a text at 60 miles per hour covers a football field in about four seconds without watching the road. Proving distraction at impact requires cell phone records and infotainment data, and distracted driving crashes need aggressive early investigation.
• Wrongful death. When a fully loaded 80,000-pound commercial truck collides with a passenger car, the occupants of the smaller vehicle rarely survive. These cases involve federal safety regulations, hours-of-service logs, and multiple defendants including the driver, the carrier, and the maintenance provider.
• Intersection fatalities. Several intersections in Omaha have documented histories of fatal crashes, and the common thread is usually a driver running a red light, failing to yield, or accelerating through a stale yellow.
• Speeding-related fatal crashes. Speed reduces reaction time and magnifies force of impact, and according to NHTSA crash data, roughly 39,345 people died in motor vehicle crashes nationwide in 2024 with speeding among the top contributing factors.
• Drowsy driving fatalities. A fatigued driver’s reaction time deteriorates to levels comparable to an intoxicated driver, and these crashes tend to occur on highways in the early morning when there is little traffic. Drowsy driving prevention deserves far more attention than it receives.
• Head-on collision deaths. When a vehicle crosses the center line into oncoming traffic, the combined closing speed makes survival unlikely at speeds above 40 miles per hour, and the losses to the family are devastating.
• Hit-and-run fatalities. Identifying a driver who fled the scene requires coordination with law enforcement, traffic camera networks, and sometimes crash media coverage that generates witness tips. When the driver is never located, uninsured motorist coverage through the victim’s own policy may provide a path to compensation.

Why Choose Ausman Law Firm P.C., L.L.O. for Fatal Car Accident Cases in Omaha, NE?

A Record of Recovering Millions for Nebraska Families

Over more than two decades, Ausman Law Firm P.C., L.L.O. has helped clients recover millions of dollars in personal injury and wrongful death cases, including substantial results in fatal car collisions. We cannot guarantee any specific outcome, but we prepare every case expecting it may go to trial, and that preparation drives results at the negotiating table.

Jason Ausman founded Ausman Law Firm P.C., L.L.O. and has practiced law for 24 years. He earned his BSBA and JD from Creighton University in Omaha and was inducted as a Fellow of the American College of Trial Lawyers, an invitation-only organization limited to the top trial lawyers in the United States and Canada. He also belongs to the American Board of Trial Advocates (ABOTA) and the Nebraska Association of Trial Attorneys (NATA).

Michelle Dreesen has 25 years of legal experience and handles fatal car accident and personal injury matters at the firm. She received her JD from the University of Nebraska College of Law and is admitted in Nebraska and Iowa.

Losing a family member in a fatal car crash in Omaha is something no one is prepared for, and speaking with a personal injury lawyer in Omaha, NE is one of the most important steps a family can take to protect their rights. We offer free consultations and work on contingency, meaning there are no upfront costs and no fees unless we recover on your behalf.

Fatal Car Accident Case Overview

Damages, Liability, and Compensation in Fatal Car Accident Cases

Nebraska law allows the personal representative of a deceased person’s estate to file a wrongful death action on behalf of the surviving spouse and next of kin, and the damages available in a fatal car accident claim generally include:

• Medical expenses incurred between the date of the accident and the date of death
• Funeral and burial costs
• The deceased person’s lost future earnings and earning capacity
• Loss of companionship, comfort, society, and the emotional suffering of surviving family members
• Loss of parental guidance for minor children, where applicable

To establish liability, the family must prove the at-fault driver or another party acted negligently and that the negligence directly caused the death. Nebraska uses a modified comparative negligence framework under Neb. Rev. Stat. § 25-21,185.09, meaning that any fault attributed to the deceased reduces the recovery proportionally, and if that share reaches 50% or higher, the family cannot recover at all. An Omaha fatal car accident lawyer needs to evaluate fault allocation early because the percentages will determine the final recovery.

Important Aspects in Your Fatal Car Accident Case

No two fatal car accident cases in Omaha follow the same path, but a number of issues come up repeatedly, and families who understand them early tend to protect their claims more effectively.

• Evidence degrades quickly after a crash, from data recorders that may be overwritten to traffic camera footage that gets recycled and witness memories that fade, so preserving evidence in the first days after a fatal collision is critical.
• More than one party may bear legal responsibility, particularly in truck collision cases where the driver, carrier, and maintenance provider may all share fault.
• Nebraska’s minimum liability insurance requirements are low relative to the actual cost of a fatal crash, so identifying every available source of coverage, including underinsured motorist policies, matters.
• The full value of a wrongful death case extends well beyond the bills that have arrived, encompassing the income the deceased would have earned, household services they provided, and the emotional losses the family will carry for years.

Fatal Car Accident Case Timeline

How long a wrongful death case takes depends on the number of parties involved, the complexity of the liability questions, and whether the case resolves through settlement or goes to trial.

• The investigation and evidence preservation phase should begin as soon as possible after the fatal accident occurs
• Once the court appoints a personal representative of the estate, the wrongful death claim can be filed
• During discovery, both sides exchange documents, take depositions, and retain accident reconstruction professionals to quantify losses
• Settlement negotiations may occur at various stages, and some cases resolve before a lawsuit is filed while others settle only as the trial date approaches
• If a fair settlement is not achievable, the case goes to trial, and the process from filing to verdict can take 12 to 24 months or longer

An Omaha fatal car accident attorney can give you a more realistic timeline once we understand the facts of your case, but the most important thing is to begin before evidence is lost and before the filing deadline passes.

What to Bring to Your Fatal Car Accident Consultation

When you come in for a free consultation about a fatal crash, having certain documents with you helps us evaluate your claim during that first meeting.

• A copy of the police accident report, if available
• Correspondence from insurance companies, including settlement offers or requests for recorded statements
• Medical records and bills from treatment provided between the crash and the death
• Documentation of funeral and burial expenses
• The deceased person’s recent tax returns or pay stubs to help establish what they were earning

We will explain the legal process, answer your questions, and give you an honest assessment of your case.

Nebraska Legal Resources for Fatal Car Accident Cases

Several Nebraska statutes and government agencies are directly relevant to fatal car accident and wrongful death claims.

• The Nebraska Legislature website publishes the statute of limitations for personal injury actions, which is four years under Neb. Rev. Stat. § 25-207.
• Wrongful death claims have a shorter deadline under Neb. Rev. Stat. § 30-810, which requires the action to be filed within two years of the date of death.
• The modified comparative negligence rule at Neb. Rev. Stat. § 25-21,185.09 dictates how fault allocation affects the damages a claimant can recover.
• The Nebraska Department of Transportation publishes road condition reports and traffic safety statistics across the state.
• NHTSA operates the Fatality Analysis Reporting System, a national database of fatal motor vehicle crashes that tracks patterns and contributing factors.

Reach Out to Ausman Law Firm P.C., L.L.O. to Schedule a Consultation

If your family has been affected by a fatal car accident in Omaha, NE, Ausman Law Firm P.C., L.L.O. is prepared to fight for the compensation your family deserves. We take wrongful death cases on contingency, and we encourage you to contact our office to schedule a free consultation with a fatal car accident lawyer in Omaha.