Nebraska
Nebraska Hit and Run Laws: Penalties and What to Do
Nebraska classifies leaving the scene of an accident as a misdemeanor or felony depending on harm caused. Under Neb. Rev. Stat. § 60-696, drivers in a property-damage accident must stop and give their information, and a violation is a misdemeanor. Under § 60-697, drivers in an accident involving injury or death must stop, identify themselves, and render aid, and a violation is a felony under § 60-698.
Hurt in a hit-and-run? If the driver who hit you fled or had no insurance, your own uninsured/underinsured-motorist (UM/UIM) coverage may pay your injury claim. Estimate what it could be worth with our free Nebraska Car Accident Settlement Calculator.
📅 Last verified: January 2026. This page reflects current Nebraska Revised Statutes §§ 60-696, 60-697, and 60-698 and related provisions.
Quick Summary: Nebraska Hit and Run Laws
Under Nebraska Revised Statutes §§ 60-696 through 60-698, drivers involved in an accident must immediately stop and give their information, and drivers in an accident involving injury or death must also 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 (prior conviction within 12 years): 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, $25,000 fine
- Nebraska is an at-fault state with a comparative negligence rule
- Unless a peace officer investigated, reportable accidents must be reported to the Department of Transportation within 10 days
- Mandatory license revocation for 1 to 15 years upon a felony 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 (prior conviction within 12 years) | Class I Misdemeanor | 1 year | $1,000 | Up to 1 year |
| Personal injury (non-serious) | Class IIIA Felony | 3 years + 18 months supervision | $10,000 | 1 to 15 years |
| Serious bodily injury or death | Class III Felony | 4 years + 2 years supervision | $25,000 | 1 to 15 years |
| DUI hit and run with injury | Class IIIA Felony | 3 years + supervision | $10,000 | 1 to 15 years |
Important: A felony hit and run conviction under § 60-698 requires the court to prohibit driving and revoke your license for 1 to 15 years. For a misdemeanor conviction under § 60-696, the court may prohibit driving for up to 1 year and must revoke your license for the same period if it does.
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: Under § 60-696(3), a peace officer may remove a vehicle, cargo, or other property from a roadway without the driver's or owner's consent when it is obstructing the roadway and creating an emergency or endangering public safety.
Misdemeanor Hit and Run Offenses
Under Neb. Rev. Stat. § 60-696, 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
If you have one or more prior convictions under § 60-696 in the 12 years before the current conviction, 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 or other unattended property, you must:
- Immediately stop
- Leave a written note in a conspicuous place in or on the vehicle or property containing your name, address, telephone number, and operator's license number
- Report the collision to a peace officer "without unnecessary delay"
Reporting Requirements
Under Neb. Rev. Stat. § 60-699, you must forward a report to the Nebraska Department of Transportation within 10 days if the collision results in death, injury, or apparent damage to any one person's property of $2,000 or more. The report is not required if a peace officer investigated the accident. 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 18 months
- 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 $25,000
- 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. With recovery cut off at 50%, ask a Nebraska car accident lawyer in a free claim review how fault is likely to be divided before any statement (attorney advertising).
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 with the Nebraska Department of Transportation for accidents resulting in death, injury, or property damage of $2,000 or more, unless a peace officer investigated the accident. 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?
It depends on the offense. For a felony conviction (injury or death), the court must order your operator's license revoked for at least 1 year and up to 15 years. For a misdemeanor property-damage conviction, the court may prohibit you from driving for up to 1 year and must revoke your license for the same period if it does.
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 § 60-696 (Property Damage Accidents)
- Nebraska Revised Statute § 60-697 (Driver's Duty)
- Nebraska Revised Statute § 60-698 (Penalties)
- Nebraska DOT Crash Data
Other Nebraska Laws:
- Nebraska Recording Laws
- Nebraska Car Seat Laws
- Nebraska Statute of Limitations
- Nebraska Whistleblower Laws
More Nebraska Laws
Updates
Corrected the property-damage duties and misdemeanor penalties to cite Neb. Rev. Stat. § 60-696, and corrected the accident-reporting threshold ($2,000, to the Department of Transportation), the Class III felony fine ($25,000), the Class IIIA supervision term (18 months), and when license revocation is mandatory.
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Nebraska Revised Statutes, Chapter 60: MOTOR VEHICLES
§ 60-697Accident; driver's duty; penaltyIn force
(1) 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 (a) immediately stop such vehicle at the scene of such accident and ascertain the identity of all persons involved, (b) give his or her name and address and the license number of the vehicle and exhibit his or her operator's license to the person struck or the occupants of any vehicle collided with, and (c) render to any person injured in such accident reasonable assistance, including the carrying of such person to a physician or surgeon for medical or surgical treatment if it is apparent that such treatment is necessary or is requested by the injured person. (2) Any person violating any of the provisions of this section shall upon conviction thereof be punished as provided in section 60-698.
Official text (excerpt) · last checked 2026-09-24 · Read the full text in our law library · Verify at nebraskalegislature.gov
Cited in 10 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- State v. Williams (Nebraska Court of Appeals 2018, 26 Neb. Ct. App. 459)“…Cite as 26 Neb. App. 459 Moreover, Neb. Rev. Stat. § 60-697 (Cum. Supp. 2016) requires the driver o…”
- State v. Nichols (Nebraska Court of Appeals 1999, 8 Neb. Ct. App. 654)“…th leaving the scene of an injury accident in violation of Neb. Rev. Stat. § 60-697 (Reissue 1998). When he first appeared…”
- State v. Blimling (Nebraska Court of Appeals 2018, 25 Neb. Ct. App. 693)“…ny; and count III: failure to render aid, in viola- tion of Neb. Rev. Stat. § 60-697 (Reissue 2016), a Class IIIA felony. Sh…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 60-696Motor vehicle; accident; duty to stop; information to furnish; report; powers of peace officer; violation; penaltyIn force
(1) Except as provided in subsection (2) of this section, the driver of any vehicle involved in an accident upon a public highway, private road, or private drive, resulting in damage to property, shall (a) immediately stop such vehicle at the scene of such accident and (b) give his or her name, address, telephone number, and operator's license number to the owner of the property struck or the driver or occupants of any other vehicle involved in the collision. (2) The driver of any vehicle involved in an accident upon a public highway, private road, or private drive, resulting in damage to an unattended vehicle or property, shall immediately stop such vehicle and leave in a conspicuous place in or on the unattended vehicle or property a written notice containing the information required by subsection (1) of this section. In addition, such driver shall, without unnecessary delay, report the collision, by telephone or otherwise, to an appropriate peace officer.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at nebraskalegislature.gov
Cited in 6 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- State v. Veiman (Nebraska Supreme Court 1996, 249 Neb. 875)“…Rev. Stat. § 39-6 ,104.02 (Reissue 1988) (now codified at Neb. Rev. Stat. § 60-696 (Cum. Supp. 1994)), the statute under…”
- In Re Interest of Jorge O. (Nebraska Supreme Court 2010, 280 Neb. 411)“…ving the scene of a motor vehicle accident in violation of Neb. Rev. Stat. § 60-696 (1)(a) (Cum. Supp. 2008). At that time,…”
- State v. Flodman (Nebraska Court of Appeals 2025, 33 Neb. Ct. App. 504)“…onable suspicion that the driver of the pickup had violated Neb. Rev. Stat. § 60-696 (Reissue 2021) (leaving scene of proper…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 60-698Accident; failure to stop; penaltyIn force
(1) Any person convicted of violating section 60-697 relative to the duty to stop in the event of certain accidents shall be guilty of (a) a Class IIIA felony if the accident resulted in an injury to any person other than a serious bodily injury as defined in section 60-6,198 or death or (b) a Class III felony if the accident resulted in the death of any person or serious bodily injury as defined in section 60-6,198. (2) The court shall, as part of the judgment of conviction, order such person not to drive any motor vehicle for any purpose for a period of not less than one year nor more than fifteen years from the date ordered by the court and shall order that the operator's license of such person be revoked for a like period. The order of the court shall be administered upon sentencing, upon final judgment of any appeal or review, or upon the date that any probation is revoked, whichever is later.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at nebraskalegislature.gov
Cited in 4 court opinions in our collectionLatest citing opinion in our collection: 2021
Opinions citing this section in our collection:
- State v. Thompson (Nebraska Supreme Court 2018, 301 Neb. 472)“…ation for driving under the influ- ence, fifth offense, and Neb. Rev. Stat. § 60-698(2) (Cum. Supp. 2016) authorizes the sam…”
- State v. Anthony (Nebraska Court of Appeals 2021, 961 N.W.2d 545)“…ent causing serious bodily injury or death, in violation of Neb. Rev. Stat. § 60-698 (Cum. Supp. 2020), a Class III felony;…”
- State v. Burch (Nebraska Court of Appeals 2021)“…t, 2 years’ postrelease supervision, and/or a $25,000 fine. Neb. Rev. Stat. § 60-698 (Cum. Supp. 2020); § 28-105. Thus, Burc…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 60-699Accidents; reports required of operators and owners; when; supplemental reports; reports of peace officers open to public inspection; limitation on use as evidence; access to information, when; violation; penaltyIn forcecited in 2 of our articles
(1) The operator of any vehicle involved in an accident resulting in injuries or death to any person or damage to the property of any one person, including such operator, to an apparent extent that equals or exceeds two thousand dollars shall within ten days forward a report of such accident to the Department of Transportation. Such report shall not be required if the accident is investigated by a peace officer. If the operator is physically incapable of making the report, the owner of the motor vehicle involved in the accident shall, within ten days from the time he or she learns of the accident, report the matter in writing to the Department of Transportation. The Department of Transportation or Department of Motor Vehicles may require operators involved in accidents to file supplemental reports of accidents upon forms furnished by it whenever the original report is insufficient in the opinion of either department. The operator or the owner of the motor vehicle shall make such other and additional reports relating to the accident as either department requires.
Official text (excerpt) · last checked 2026-09-02 · Read the full text in our law library · Verify at nebraskalegislature.gov
Also relied on in: Nebraska Police Reports: How to Get a Crash Report, Incident Report, or Bodycam Video
Nebraska Revised Statutes, Chapter 28: CRIMES AND PUNISHMENTS
§ 28-105Felonies; classification of penalties; sentences; where served; eligibility for probationIn forcecited in 14 of our articles
(1) For purposes of the Nebraska Criminal Code and any statute passed by the Legislature after the date of passage of the code, felonies are divided into ten classes which are distinguished from one another by the following penalties which are authorized upon conviction: Class I felony Death Class IA felony Life imprisonment Class IB felony Maximum—life imprisonment Minimum—twenty years imprisonment Class IC felony Maximum—fifty years imprisonment Mandatory minimum—five years imprisonment Class ID felony Maximum—fifty years imprisonment Mandatory minimum—three years imprisonment Class II felony Maximum—fifty years imprisonment Minimum—one year imprisonment Class IIA felony Maximum—twenty years imprisonment Minimum—none Class III felony Maximum—four years imprisonment and two years post-release supervision or twenty-five thousand dollars fine, or both Minimum—none for imprisonment and none for post-release supervision Class IIIA felony Maximum—three years imprisonment and eighteen months post-release supervision or ten thousand dollars fine, or both Minimum—none for imprisonment and none for post-release supervision Class IV felony Maximum—two years imprisonment and twelve months…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at nebraskalegislature.gov
Cited in 941 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Iromuanya (Nebraska Supreme Court 2006, 272 Neb. 178)“…ar's imprisonment and a maximum of 50-years' imprisonment. Neb. Rev. Stat. § 28-105 (1) (Cum. Supp. 2004) and §§ 28-201(4)(…”
- State v. Stephens (Nebraska Supreme Court 1991, 237 Neb. 551)“…28-319(2), punishable by from 1 to 50 years’ imprisonment, Neb. Rev. Stat. § 28-105 (1) (Reissue 1985). Stephens’ sentence…”
- State v. Gibson (Nebraska Court of Appeals 2018, 26 Neb. Ct. App. 559)“…I felonies are punishable by 1 to 50 years' imprisonment. Neb. Rev. Stat. § 28-105 (Supp. 2017). Therefore, if the court…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Nebraska Recording Laws (2026): One-Party Consent Rules, Nebraska Audio Recording Laws: One-Party Consent Rules and Penalties (2026), Nebraska Age of Consent Laws: Statutes, Penalties and Reporting
Sources and References
- Neb. Rev. Stat. § 60-697: accidents; duty to stop; information required(nebraskalegislature.gov).gov
- Neb. Rev. Stat. § 60-698: accident; failure to stop; penalty(nebraskalegislature.gov).gov
- Neb. Rev. Stat. § 60-696: accident; duty to stop; information to furnish; penalty(nebraskalegislature.gov)
- Neb. Rev. Stat. § 60-699: accident reports required of operators and owners(nebraskalegislature.gov)
- Neb. Rev. Stat. § 28-105: felony classification of penalties(nebraskalegislature.gov)
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