Distracted Driving Laws in Nebraska: What You Need to Know

What Is Distracted Driving?

Distracted driving occurs when a driver’s attention shifts away from the road due to activities that demand their visual, manual, or cognitive focus. Distracted driving significantly increases the risk of accidents and is a major contributor to road fatalities.

Distracted driving comes in various forms 

• Visual distractions take the driver’s eyes off the road, such as looking at a phone or checking a GPS.
• Manual distractions remove hands from the steering wheel, like eating, adjusting the radio, or texting.
• Cognitive distractions divert the driver’s mental focus like daydreaming or intense conversations. 

Nationwide distracted driving results in thousands of fatalities and injuries each year. In 2022 alone, over 3,308 people were killed in the US due to distracted driving. Nebraska also faces a serious issue, with hundreds of accidents annually linked to distractions, particularly phone use and texting. 

Texting while driving is particularly dangerous, combining visual, manual, and cognitive distractions. Phone use, even hands-free, reduces reaction times and awareness. Everyday activities like eating or adjusting navigation systems further split attention, increasing the risk of accidents.

Understanding the scale and impact of distracted driving highlights the need for focused driving and greater awareness to protect everyone on the road.

Overview Of Nebraska Distracted Driving Laws

Nebraska enforces strict laws to curb distracted driving, specifically focusing on texting and cellphone use while driving. While Nebraska does not have a total ban on cellphone use, hands-free devices are encouraged to keep the driver’s focus on the road and reduce manual distractions. These laws aim to reduce the risk of accidents caused by distractions on the road.

Nebraska employs “secondary enforcement” for distracted driving. This means police officers can only issue a distracted driving citation if they observe another traffic violation, like speeding or failing to signal, alongside distracted driving. This approach limits immediate enforcement but reinforces safe driving when other violations occur.

Penalties For Distracted Driving In Nebraska

Breaking Nebraska’s distracted driving laws comes with penalties. The fines are $200 for the first offense, $300 for the second, and $500 for each subsequent offense. Violations also add three points to the driver’s record, which can impact insurance rates and lead to further penalties if points accumulate.

Some exceptions exist within Nebraska’s distracted driving laws. Emergency responders may use handheld devices when necessary, and GPS use is permitted if done safely, with limited interaction while driving. Understanding and following these laws helps ensure safer roads and reduces the likelihood of severe consequences from distracted driving.

Accumulating too many points can result to a suspended license, especially for repeat distracted driving violations.

A distracted driving conviction can also lead to higher insurance premiums. Insurance providers often raise rates for drivers with a history of violations, as distracted driving is seen as a high-risk behavior.

The nature of the distraction and the severity of the accident can affect these penalties. In cases where distracted driving results in severe injury or fatality, drivers may face harsher consequences, including criminal charges, which bring even more severe financial and legal penalties.

What To Do After A Distracted Driving Accident

Involvement in an accident can be overwhelming, but knowing the steps to take can make a difference. First, ensure everyone’s safety and call emergency services immediately if there are injuries. They will provide necessary medical aid and maintain the scene.

Next, if it’s safe, document the scene. Use your phone to take pictures of the vehicles involved, any visible injuries, and road conditions. Evidence of distracted driving, like a phone found on the seat, can strengthen a personal injury case. Make sure to exchange contact details with other parties involved. Gather any witness information, as their statements may be crucial later.

Calling law enforcement is vital, even for minor accidents. Officers can create an official report detailing the incident, which can be a valuable resource for us in legal proceedings. Their observations might include factors that suggest distracted driving.

Seek medical attention promptly, even if you believe you are uninjured. Some injuries may not be immediately apparent. Medical records can also play a critical role in personal injury claims.

Notifying your insurance company about the accident is beneficial. Providing them with all documented evidence will speed up the claims process. Details about a distracted driving incident can help clarify fault.

If you’ve been rear-ended or involved in another type of distracted driving accident, exploring what steps to take can help minimize stress.

Compensation For Distracted Driving Victims In Nebraska

Victims of distracted driving accidents in Nebraska may claim various types of damages to help cover their losses. Common compensable damages include:

• Medical Expenses: Covers rehabilitation costs, hospital bills, and any ongoing medical care needed due to injuries from the accident.
• Lost Wages: Compensates for income lost during recovery and, in some severe cases, loss of future earning capacity.
• Property Damage: Reimburses the victim for repair or replacement costs for their vehicle and other damaged property.
• Pain and Suffering: Accounts for the physical pain endured due to injuries from the accident.
• Emotional Distress: Addresses the mental anguish, trauma, and emotional impact resulting from the crash.

Victims of gross negligence or repeated distracted driving violations may also pursue punitive damages. These damages aim to penalize the at-fault driver and discourage future misconduct.

At Welsh & Welsh, PC LLO, we work diligently to ensure that distracted driving victims recover the full compensation they are entitled to. Our team carefully assesses each claim, collecting evidence and consulting with medical and financial experts as needed. We aim to hold responsible parties accountable, helping our clients move forward with the resources they need to rebuild their lives.

How Welsh & Welsh, PC LLO Can Help With Distracted Driving Cases

At Welsh & Welsh, PC LLO, we understand the frustration when a distracted driver causes an accident. We aim to simplify distracted driving cases in Nebraska and ensure justice is served. Trusting us with your case lets you focus on healing while we manage the legal details.

Here’s what we’ll do: 

Gather Evidence

Our team is skilled at collecting vital evidence. We secure police reports, witness statements, and any available surveillance footage, building a solid case to prove negligence and strengthen your claim.

Negotiate With Insurance Companies  

Insurance companies can be quite challenging to deal with. We handle all negotiations, ensuring your rights stay protected. With our experience, we recognize the tactics insurers often use, enabling us to advocate effectively for the compensation you deserve.

Court Representation  

We are prepared to represent you in court if the negotiations don’t lead to a fair settlement. With extensive experience in Nebraska’s legal system, we present your case with skill and determination, working for a favorable outcome.

Take Action Against Distracted Driving Accident With Welsh & Welsh, PC LLO

Distracted driving is a serious concern in Nebraska. Violating distracted driving laws can lead to severe penalties and, unfortunately, tragic accidents. Our role is to stand by the victims of such accidents and help them navigate their legal options.

We focus on ensuring that those affected by distracted driving receive the justice they deserve. Advocacy for victims is a central part of our mission. It’s about ensuring families get the compensation they need during these difficult times.

Have you or someone close to you been impacted by distracted driving? Let us help. We aim to provide a supportive environment where you or your loved one can focus on healing while we manage the legal complexities.

Reach out to us for a consultation. Let us discuss your case today and explore how we can assist you in obtaining justice.