NEBRASKA GUIDE 17
Nebraska Comparative Negligence & Crash Liability
Nebraska uses modified comparative negligence. Under Neb. Rev. Stat. § 25-21,185.09, a claimant’s damages are reduced in proportion to the claimant’s negligence, but recovery is barred if the claimant’s negligence is equal to or greater than the total negligence of the persons against whom recovery is sought.
- Identify all potentially responsible drivers, owners, employers, public entities and other actors.
- Preserve electronic data, photographs, video, witness accounts and roadway evidence relevant to fault allocation.
- Separate causation from comparative-negligence allocation; both affect recovery.
- Do not describe Nebraska as a pure 50% rule without explaining the statutory equal-to-or-greater bar.
Primary Nebraska Source
Neb. Rev. Stat. § 25-21,185.09 — Comparative Negligence
Current-law review: September 16, 2026. Apply the statute with current Nebraska appellate decisions to the facts of the crash.
VictimsGuide 