when ready actions if you are involved in a fatal crash
If you are at the scene of a crash where someone has died, call 911 when ready and remain at the scene. Do not leave, even if you believe you were not at fault. In Nebraska, leaving the scene of a fatal crash is a felony, and police will document your presence and statements at the scene.
Once emergency responders arrive, provide your name, driver's license number, vehicle registration, and insurance information. You have the right to remain silent beyond providing these documents, and you should exercise that right until you speak with an attorney. Do not discuss fault, speed, or what you were doing before the crash with anyone except your lawyer.
Request the names and badge numbers of all officers at the scene. Ask for the incident or case number — you will need this to obtain the police report later. Take photos of vehicle damage, road conditions, and traffic signals if it is safe to do so, but do not interfere with the investigation.
Key Takeaways
- Remain at the scene of any fatal crash and call 911; leaving is a felony in Nebraska.
- Provide your license, registration, and insurance information to police, but do not discuss fault or details of what happened without a lawyer present.
- Request the police report case number and obtain a copy within days, as it will be used in any civil or criminal proceedings.
- Contact your insurance company to report the crash, but tell them you are consulting an attorney before giving a detailed statement.
- A fatal crash may result in criminal charges, civil liability, or both, depending on the circumstances and what the investigation finds.
Understanding the police investigation and report
Lincoln Police will conduct a detailed investigation at the scene and afterward. They will interview witnesses, photograph the scene, collect vehicle debris, and may request blood alcohol testing if they suspect impairment. The investigation can take days or weeks to complete.
Once the investigation is finished, a police report is generated. In Nebraska, you can obtain a copy of the report by visiting the Lincoln Police Department Records Bureau or requesting it by mail. There is usually a small fee. The report will include officer observations, witness statements, and preliminary conclusions about what caused the crash, though it is not a legal information of fault.
If police believe you committed a crime — such as reckless driving, driving under the influence, or vehicular homicide — they will forward the case to the Lancaster County District Attorney. You may be charged days or weeks after the crash. Do not speak to investigators without an attorney present, even if you believe you did nothing wrong.
Your insurance company's role and your obligations
You are required by Nebraska law to report the crash to your insurance company. Call your insurer as soon as you can, but tell them you are consulting an attorney and cannot provide a detailed statement at this time. Provide only the basic facts: date, time, location, and that a fatality occurred.
Your insurance company will assign a claims adjuster and may contact you for more information. You are not required to give a recorded statement, and you should not do so without your attorney present. Anything you say can be used against you in a criminal case or a civil lawsuit filed by the deceased's family.
Your policy will cover property damage to the other vehicle and any injuries or death to others, up to your liability limits. If the damages exceed your coverage, the deceased's family may sue you personally for the difference. This is another reason to have legal representation when ready.
Criminal charges and what they mean
Depending on the circumstances, you could face charges ranging from a traffic violation to a felony. In Nebraska, the most serious charge related to a fatal crash is motor vehicle homicide, which applies when someone dies as a result of your operation of a vehicle in a reckless or negligent manner. This is a Class 3 felony, punishable by up to 20 years in prison.
Other possible charges include reckless driving (Class 2 misdemeanor), driving under the influence (Class 1 misdemeanor or felony depending on prior convictions), or failure to maintain control (Class 3 misdemeanor). The charge depends on what police and prosecutors believe caused the crash.
If you are charged, you will be arrested or summoned to appear in court. At your first appearance, a judge will inform you of the charges and your rights. You have the right to an attorney; if you cannot afford one, request a public defender. Do not plead guilty or not guilty at this hearing — straightforward ask for time to consult with your lawyer.
Civil liability and lawsuits from the deceased's family
Even if you are not charged with a crime, or if you are acquitted, the deceased's family can sue you in civil court for wrongful death. A wrongful death lawsuit seeks compensation for the family's loss, including funeral expenses, lost income the deceased would have earned, and pain and suffering.
The family's attorney will file a complaint in Lancaster County District Court. You will be served with the lawsuit, usually within 30 days of filing. Your insurance company will assign a defense attorney to represent you in the civil case. The case may be settled, go to mediation, or proceed to trial.
A civil case uses a lower standard of proof than a criminal case — the family only needs to show it is more likely than not that you caused the crash, rather than proving guilt beyond a reasonable doubt. Your own criminal conviction, if one occurs, can be used as evidence in the civil case.
How the police report affects your driver's license
Nebraska's Department of Motor Vehicles will receive notice of the crash from Lincoln Police. If you are cited for a traffic violation or charged with a crime, points will be added to your driving record. A fatal crash citation typically results in significant points and may trigger a license suspension or revocation.
If you are convicted of motor vehicle homicide or certain other felonies, your license will be revoked for a mandatory period set by state law. You cannot drive during a revocation, and you cannot petition for reinstatement until the minimum period has passed.
Even before any criminal conviction, the DMV may suspend your license if you are charged with certain offenses. You have the right to request a hearing to contest the suspension. Your attorney can represent you at this hearing, which is separate from any criminal or civil proceedings.
Finding and working with an attorney
You should contact a criminal defense attorney when ready, even before police formally charge you. An attorney can advise you on what to say to police and insurance companies, protect your rights during the investigation, and represent you if charges are filed.
The Nebraska State Bar Association maintains a referral service on its website where you can search for attorneys by practice area and location. Many criminal defense attorneys offer free initial consultations. During that call, ask about their experience with fatal crash cases and what they charge.
If you cannot afford an attorney, you can request a public defender at your first court appearance. Public defenders are experienced in these cases and are paid by the state. You will not be charged unless you are convicted and the court orders you to repay the cost.
Frequently Asked Questions
Can I be charged with a crime if the other driver caused the crash?
Not automatically, but it depends on what the investigation shows. If police determine you were partially at fault — for example, you were speeding or distracted — you could still be charged even if the other driver also made a mistake. Your attorney will review the evidence and advise you on the strength of the prosecution's case.
What happens if I cannot pay a civil judgment against me?
If a court orders you to pay damages and you cannot, the family's attorney can pursue collection through wage garnishment, bank levies, or a lien on your property. Your liability insurance will pay up to your policy limit, but anything beyond that is your responsibility. Bankruptcy may be an option, but that is a separate legal process.
Will a fatal crash conviction affect my ability to get a job?
Yes. A felony conviction will appear on background checks and can disqualify you from many jobs, professional licenses, and housing. Some employers will not hire anyone with a violent felony conviction. This is another reason to have strong legal representation during the criminal case.
How long does a wrongful death lawsuit take?
Civil cases typically take one to three years from filing to trial, though many settle before trial. The timeline depends on how much discovery is needed, whether the parties are willing to negotiate, and the court's schedule. Your attorney can give you a more specific estimate based on the facts of your case.
Can I be sued if I was not driving the vehicle?
If you owned the vehicle but were not driving it, you could potentially be sued under a theory called "negligent entrustment" — meaning you negligently allowed someone else to drive your car knowing they were unsafe. The family's attorney will investigate who was driving and whether you had a duty to prevent them from driving.