📅 Last verified: January 2026. This page reflects current Nebraska Revised Statutes §§ 60-697 and 60-698 and related provisions.
📑 Table of Contents (click to expand)
Quick Summary: Nebraska Hit and Run Laws
Under Nebraska Revised Statutes §§ 60-697 and 60-698, drivers involved in any accident must immediately stop, identify themselves, and render reasonable assistance to injured persons. Nebraska law applies equally to public highways, private roads, and private drives. Penalties are severe, with felony charges for accidents involving injury or death.
- Property damage (first offense): Class II misdemeanor, up to 6 months jail, $1,000 fine
- Property damage (repeat offense): Class I misdemeanor, up to 1 year jail, $1,000 fine
- Personal injury: Class IIIA felony, up to 3 years prison, $10,000 fine
- Serious bodily injury or death: Class III felony, up to 4 years prison, $10,000 fine
- Nebraska is an at-fault state with a comparative negligence rule
- You must report accidents within 10 days
- Mandatory license revocation for 1 to 15 years upon conviction
Penalties for Hit and Run in Nebraska
| Offense Type | Classification | Maximum Jail/Prison | Maximum Fine | License Revocation |
|---|---|---|---|---|
| Property damage (first offense) | Class II Misdemeanor | 6 months | $1,000 | Up to 1 year |
| Property damage (repeat offense) | Class I Misdemeanor | 1 year | $1,000 | Up to 1 year |
| Personal injury (non-serious) | Class IIIA Felony | 3 years + 1 year supervision | $10,000 | 1 to 15 years |
| Serious bodily injury or death | Class III Felony | 4 years + 2 years supervision | $10,000 | 1 to 15 years |
| DUI hit and run with injury | Class IIIA Felony | 3 years + supervision | $10,000 | 1 to 15 years |
Important: All hit and run convictions in Nebraska result in mandatory license revocation. The court may order you not to drive for up to 15 years.
What the Law Requires (§ 60-697)
Nebraska Revised Statute § 60-697 establishes the duties of drivers involved in accidents. The law applies on public highways, private roads, and private drives. If you are involved in an accident resulting in injury or death, you must:
- Immediately stop the vehicle at the scene
- Ascertain the identity of all persons involved
- Provide your information to the victim or vehicle occupants, including your name, address, license number, and operator’s license number
- Exhibit your operator’s license to the person struck or vehicle occupants
- Render reasonable assistance to any injured person, including transportation to a medical facility if treatment is necessary or requested
“The driver of any vehicle involved in an accident upon either a public highway, private road, or private drive, resulting in injury or death to any person, shall immediately stop such vehicle at the scene of such accident and ascertain the identity of all persons involved.”
Nebraska Revised Statute § 60-697
Note: Law enforcement officers may move your vehicle without your consent and are not liable for any resulting damage.
Misdemeanor Hit and Run Offenses
Leaving the scene of an accident in Nebraska is a misdemeanor when:
- The collision results only in property damage
- You strike an unattended vehicle and fail to leave required information
First Offense: Class II Misdemeanor
For a first offense involving property damage only, the penalty is up to 6 months in jail and a fine not exceeding $1,000.
Repeat Offense: Class I Misdemeanor
For a second or subsequent offense, the crime escalates to a Class I misdemeanor, punishable by up to 1 year in jail and a $1,000 fine.
Striking an Unattended Vehicle
If you hit a parked or unattended vehicle, you must:
- Make a reasonable effort to locate the property owner
- If you cannot find the owner, leave a note in a conspicuous location containing your name, address, telephone number, and vehicle registration
- Report the collision to a peace officer “without unnecessary delay”
Reporting Requirements
You must report accidents to police within 10 days if the collision results in death, injury, or property damage exceeding $1,000. Failure to file a required report is a Class V misdemeanor, punishable by a fine up to $100.
Your insurer may use failure to file a timely report as grounds to deny your claim. File as soon as possible.
Felony Hit and Run Offenses
Hit and run becomes a felony in Nebraska when the accident results in any personal injury or death.
Class IIIA Felony: Personal Injury
If the accident results in injury (other than serious bodily injury or death), the offense is a Class IIIA felony, punishable by:
- Up to 3 years in prison
- Post-release supervision for up to 1 year
- Maximum fine of $10,000
Class III Felony: Serious Injury or Death
If the accident results in serious bodily injury (as defined in § 60-6,198) or death, the offense is a Class III felony, punishable by:
- Up to 4 years in prison
- Post-release supervision for up to 2 years
- Maximum fine of $10,000
- License revocation for up to 15 years
Serious bodily injury includes injuries involving substantial risk of death or substantial risk of permanent disfigurement.
Motor Vehicle Homicide
Nebraska Revised Statute § 28-306 addresses motor vehicle homicide. The offense is a Class I misdemeanor in most cases but escalates to a Class IIIA felony if death results from reckless driving or operation in violation of traffic laws (§§ 60-6,213 or 60-6,214).
DUI Hit and Run
Most first and second DUI offenses in Nebraska are misdemeanors. However, the offense becomes a felony when:
- Aggravating circumstances exist (reckless driving, bodily injury, death)
- It is a third or subsequent DUI arrest
DUI hit and run involving injury or death is a Class IIIA felony.
Nebraska Traffic Statistics
Nebraska traffic safety data from the Nebraska Department of Transportation:
- 2023: 231 traffic fatalities statewide, a 5.4% decrease from 2022
- 2023: 108 roadway fatalities as of mid-year, significantly below the five-year average (18% fewer)
- National context: More than 30,000 people die annually in motor vehicle crashes in the United States
Nebraska’s fatality numbers have decreased from 1970s levels. The state continues efforts to reduce preventable deaths through enforcement, education, and infrastructure improvements.
How Fault Is Determined in Nebraska
Nebraska is an at-fault state. The driver who caused the accident is responsible for paying damages. Do not admit fault at the scene. Statements like “I’m sorry” or “It was my fault” can be used against you. Provide a truthful account of events and let investigators determine responsibility.
Comparative Negligence Rule
Nebraska uses a “modified comparative negligence” system. You may recover damages only if your share of responsibility is not 50% or greater. Your percentage of fault reduces your recovery proportionally.
Example: If you suffer $100,000 in damages but are found 30% at fault, you can recover $70,000. However, if you are found 50% or more at fault, you cannot recover any compensation.
To prove negligence, you must show:
- The other party owed you a duty of care
- That person breached that duty
- The breach caused your injuries or damages
Statute of Limitations
- Personal injury and car accident claims: 4 years from the date of accident
- Wrongful death claims: 2 years from the date of death
- Property damage claims: 4 years
Possible Defenses to Hit and Run Charges
The prosecution must prove you had knowledge of the accident and intentionally failed to fulfill your legal duties. Potential defenses include:
- Fear for safety: The other party acted aggressively, brandished a weapon, or a hostile crowd formed, making you fear for your safety
- Lack of knowledge: You were genuinely unaware that an accident occurred
- No injury or damage: No one was injured and no property was damaged
- Mistaken identity: You were not the driver
- Victim’s statements: The other party refused your information or stated they were uninjured
If you left the scene and later realize you were involved in an accident, contact law enforcement and consult an attorney immediately.
Frequently Asked Questions
How long do I have to report an accident in Nebraska?
You have 10 days to file a report for accidents resulting in death, injury, or property damage over $1,000. Failing to report is a Class V misdemeanor with a fine up to $100, and may affect your insurance claim.
Does Nebraska’s law apply on private property?
Yes. Unlike some states, Nebraska’s hit and run law applies equally to public highways, private roads, and private drives.
Will my license be revoked for a hit and run conviction?
Yes. Upon conviction, the court must order your operator’s license revoked for at least 1 year and up to 15 years, depending on the severity of the offense.
Can I leave the scene and come back?
Leaving the scene for any reason is a violation of the law. If you leave to seek emergency help and return promptly, or if you feared for your safety, these may serve as defenses. Document your reasons carefully.
What is “serious bodily injury” under Nebraska law?
Nebraska Revised Statute § 60-6,198 defines serious bodily injury as injury involving substantial risk of death or substantial risk of serious permanent disfigurement. This elevates hit and run from a Class IIIA felony to a Class III felony.
Related Resources
Official Sources:
- Nebraska Revised Statute § 60-697 (Driver’s Duty)
- Nebraska Revised Statute § 60-698 (Penalties)
- Nebraska DOT Crash Data
Other Nebraska Laws: