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Omaha Distracted Driving Accidents
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According to the National Highway Traffic Safety Administration, over 300,000 people were injured due to distracted driving in 2024. As people become more dependent on technology and as automakers continue to add new features to their vehicles, it’s more important than ever for motorists to understand their rights in the event that they’re involved in a distracted driving accident.
Drivers have a legal responsibility to keep their attention squarely focused on the road and their environment while traveling throughout Omaha. When someone allows their attention to lapse – even for a fleeting moment – they can cause serious harm to the people and property around them. Cell phones, GPS devices, CarPlay screens, and even other passengers can serve as potentially dangerous distractions for drivers navigating dense traffic on local roads and highways.
If you were injured in a car accident and you believe the other involved driver was distracted at the time of the crash, it might be worth exploring whether you have legal options available to help you pursue compensation. Some distracted driving crashes result in extensive injuries and costly property damage, and pursuing a claim against an at-fault driver can provide survivors with the funds they need to tend to their past, present, and future losses.
The team at Inserra Kelley Cooper Sewell understands how dangerous distracted driving crashes can be, and we are committed to helping victims of these preventable accidents exercise their rights. Contact us today to schedule a free, no-obligation consultation with one of our experienced distracted driving accident lawyers. We’d love to learn more about your accident and give you a sense of the legal options you may have available to help fight for the compensation you deserve.
How We Can Help
- What is distracted driving?
- Common types of distracted driving crashes
- Is distracted driving against the law?
- When can a distracted driver be held responsible for a crash?
- What compensation is available to accident victims?
- Why work with Inserra Kelley Cooper Sewell?
- Frequently asked questions about distracted driving accidents
What is distracted driving?
Generally speaking, the term “distracted driving” applies to engaging in a behavior or activity that diverts your attention while operating a motor vehicle. Many different behaviors could fit this bill, and the kinds of distractions we encounter in these cases continue to evolve. In most cases, distractions can be broken down into the following categories:
Visual distractions
These are things that take a driver’s eyes off the road. Cell phones and other devices may serve as visual distractions, as can people inside or outside of a vehicle. A person who takes their eyes off the road for five seconds while traveling at a speed of 55 mph could essentially drive the entire length of a football field without looking at the road ahead.
This creates ample opportunity for a serious accident to occur, which is why it’s so important for drivers to stay focused on the task at hand rather than allowing their attention to veer off in another direction.
Manual distractions
Manual distractions cause drivers to remove one or both hands from the wheel. Fiddling with the radio, programming a GPS, eating a snack, or sending a text message could all be classified as manual distractions. When your hands aren’t on the wheel, it can take longer for you to respond to certain road hazards. Delayed reaction times can contribute to dangerous accidents and put drivers and passengers at serious risk of harm.
Cognitive distractions
Have you ever driven home from work only to realize you hardly remember any of the commute? When a person’s mind wanders while they’re driving, they may be too distracted to make rapid decisions in the interest of safety. If you’re thinking about what you’re going to have for dinner or about a frustrating conversation you had earlier in the day, you may not be sufficiently focused on the road and your surroundings, leaving you vulnerable to a potentially devastating crash.
Some distractions meet all three of these criteria. For example, a person who is manually sending text messages behind the wheel is probably distracted visually, manually and cognitively. This can be an incendiary combination – particularly in dense traffic or during adverse weather events. Choosing to drive while distracted puts you and others at risk and can come at a very high cost for all people involved in the event of an accident.
Common types of distracted driving crashes
Depending on the nature of the distraction and other circumstantial factors, distracted driving accidents can play out in many different ways. As Omaha distracted driving attorneys, our team often handles cases involving:
- Rear-end collisions
- T-bone crashes
- Unsafe lane-change accidents
- Head-on collisions
- Pedestrian and bicycle accidents
- Motorcycle crashes
- Truck accidents and rollover crashes
- Highway accidents and multi-car pileups
For example, we often see rear-end collisions happen in situations involving densely packed traffic. When a driver sits in a traffic jam for an extended period of time, they may become tempted to check their phone or start fiddling with another device behind the wheel. If they remain engrossed in their device once traffic starts moving, they may end up causing a rear-end collision if the driver ahead of them has to come to a sudden stop.
Similarly, drivers may T-bone other cars at intersections or sideswipe a neighboring vehicle if they are manually distracted and unable to control their vehicle or if they fail to notice a red light or stop sign due to a visual distraction. Some of these accident scenarios can be incredibly dangerous – particularly those that involve large trucks or vulnerable pedestrians. Victims of these accidents are often left with serious physical injuries, and they may experience the effects of an accident long after the event actually occurred.
Is distracted driving against the law?
In Nebraska, drivers are prohibited by law from using a handheld wireless communication device to read a written communication, manually type a written communication, or send a written communication while operating a moving vehicle. This law may not apply in certain emergency situations or to certain emergency personnel who are performing their official duties.
Notably, most drivers in Nebraska are not prohibited from using speech-to-text and other hands-free communication tools, but research suggests that talking on the phone or sending voice-to-text messages can still serve as a dangerous distraction. In fact, some research suggests that drivers are up to four times more likely to be involved in a crash if they are talking on a cell phone.
One important point of clarification is that drivers can generally only be cited for distracted driving as a secondary action. That means law enforcement cannot ticket someone for texting and driving unless the person has been cited for another traffic violation or some other offense. If, say, a driver is texting and runs a red light, a police officer may choose to cite them for running the light and for distracted driving. However, the police officer could not pull a driver over for texting and driving in and of itself.
If a driver is found guilty of violating this law, they will face fines of $200 for a first offense, $300 for a second offense, and $500 for subsequent offenses. They may also have points added to their driver’s license.
When can a distracted driver be held responsible for a crash?
Distracted driving alone doesn’t automatically imply liability for a driver involved in an accident. In order for distracted driving to be relevant in a case, you need to be able to show that the driver’s level of distraction directly contributed to the accident in some way.
When we take on a distracted driving case, we look for evidence of negligence. That means we need to be able to show that the other driver involved in your crash owed you a legal duty of care (i.e., to not be distracted behind the wheel) and caused you identifiable harm by violating that duty (choosing to text and drive, for example).
Even if the alleged at-fault driver was not issued a citation for distracted driving at the time of the accident, you may still be able to hold them civilly liable for damages if the evidence shows that their inattention caused the crash. We can look at evidence like cell phone records, text message timestamps, call logs, application use data, photographs, traffic cam footage, witness statements, and more to establish whether the other driver was distracted before or during the accident and evaluate whether the distraction in question caused or contributed to the crash.
What compensation is available to accident victims?
In Nebraska, victims of negligence-related car accidents may be entitled to compensation for certain financial and personal losses. Because physical injuries are common in distracted driving crashes, many survivors of these accidents pursue claims for compensation related to their medical bills and future care costs.
If a victim’s injuries cause them to miss work or make it hard or impossible for them to return to their pre-accident job duties, they may also be entitled to compensation for lost wages and reduced earning capacity. Many claims also include compensation for property damage, as a car, bicycle, or motorcycle could require extensive repairs after an accident.
There are also many invisible losses connected to these crashes. Some victims are left traumatized and may develop diagnosable mental health conditions like depression, anxiety, or PTSD. Nebraska law allows accident victims to pursue claims for non-economic losses like mental anguish and pain and suffering in certain personal injury cases.
If an injured victim contributed to the accident in some way, their recovery options may be limited. Under our state’s modified comparative negligence system, injured parties may only recover compensation if they were less than 50% responsible. If your level of fault falls beneath this threshold, you may still be able to pursue a claim against another at-fault party, but your compensation will be reduced by the same percentage as your level of fault.
Why work with Inserra Kelley Cooper Sewell?
Choosing a law firm to represent you in a distracted driving lawsuit is a big and consequential decision. You need to partner with a team you can trust to advocate for your best interests while keeping you informed every step of the way.
At Inserra Kelley Cooper Sewell, we aim to strike an appropriate balance between keeping our clients involved and giving them the space and peace of mind they need to focus on their healing. For the past 65 years, our team has been fighting for victims of personal injury accidents throughout Omaha and doing everything we can to provide the reliable legal support our community deserves.
In the past five years alone, our team has successfully recovered over $50 million in compensation for our clients, and we don’t plan on stopping there. If you choose to partner with us in your distracted driving case, you won’t be expected to pay any attorneys’ fees unless we secure compensation in your case. By working on a contingency fee basis, we give our clients the breathing room they need while making a personal investment in the outcome of their case.
We know you have a lot of decisions to make in the days, weeks, and months following a serious crash. We’d be happy to consult with you about your case so you can find the right path forward without feeling like you’re giving up control over your fight for justice.
Frequently asked questions about distracted driving accidents
Is a distracted driver automatically responsible for a crash?
No. Just because a driver was distracted doesn’t necessarily mean they caused the crash. Liability for any car accident will be determined based on whose actions or inaction caused the collision.
Can I file a claim if the other driver was not ticketed for distracted driving?
Can my attorney access the other driver’s phone records?
Can an employer be liable for an employee’s distracted driving?
What if I was partially responsible for the collision?
How long do I have to file a lawsuit in Nebraska?
Speak to an Omaha distracted driving accident attorney
If you or a loved one suffered injuries in an Omaha distracted driving accident, you may be able to recover compensation under Nebraska law. The team at Inserra Kelley Cooper Sewell is prepared to support you at any point in the legal process. Whether you’re dealing with a disputed insurance claim, need professional representation during settlement negotiations, or are considering filing a civil lawsuit, we would love the opportunity to learn more about your needs.
Give us a call now or stop by our Omaha office at 6790 Grover Street, Suite 200, to schedule a free consultation with one of our distracted driving lawyers, and let’s talk about how our experience could align with the requirements of your case.