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Can I still file a claim if I was partially at fault for the accident?
Yes. In Nebraska in order to be successful on a personal injury or wrongful death claim, the party bringing the claim (the plaintiff) must prove the other party (defendant) was more than 50% at fault for the crash. See Neb. Rev. Stat. §25-21,185.09. Thus, if you bear some responsibility for the crash, you can still file an injury claim, but your recovery will be reduced by your attributed percentage of fault.
What if my family member was the one who caused the accident?
You can still bring an injury claim even if the person who caused the crash is a family member. In fact, not only can you bring a claim, but oftentimes making a claim against your relative is the only way to access the insurance policy if they were responsible for causing the crash. Nebraska repealed its guest statute more than 10 years ago, and ever since then policy provisions that exclude coverage in such situations are unenforceable.
What is an engine control module (ECM) or black box?
Modern vehicles are equipped with Electronic Control Modules (ECMs), also commonly referred to as Electronic Control Units (ECUs), Crash Data Recorders, Airbag Control Modules, etc. In addition to controlling the vehicle’s electrical systems, the ECM also contains the vehicle’s event data recorder, which stores data from a recent “event” or car crash. The data preserved by the ECM can provide valuable information in determining liability such as speed, throttle position, braking, and seat belt status.