- Home
- Practice Areas
- Drunk Driving Accidents
Omaha Drunk Driving Accidents
Don’t let someone else’s bad decision dictate your future. Our Omaha drunk driving accident lawyers are here for you.
Free Consultation
Tell us what happened.
According to a recent study, Omaha has the highest DUI rate among the 50 largest cities in the United States. The study found that there are roughly 4.48 DUIs per 1,000 drivers in Omaha, which makes for a shockingly high rate of impaired driving incidents.
As the state attempts to address this problem via grant funding and public safety campaigns, Omaha drivers remain at frighteningly high risk of being involved in a DUI-related crash. These accidents can be dangerous and have the ability to completely alter the trajectory of an unsuspecting victim’s life.
Driving under the influence is a crime, but DUI-related crashes may have additional legal implications. Depending on the facts of a case, an injured crash victim may be able to pursue civil litigation against an impaired driver in order to recover compensation for certain economic and non-economic losses linked to their accident. This compensation can prove absolutely vital for some survivors – particularly those who sustained catastrophic injuries.
If you were injured in an Omaha drunk driving accident, you may have a lengthy healing process ahead of you. At Inserra Kelley Cooper Sewell, we understand that survivors of DUI-related crashes often suffer injuries that require extensive, costly medical care and kick off a domino effect of other losses. Our team aims to ease the burden for our clients so they can focus on their healing instead of worrying about their case.
Contact our team today to learn more about our approach and to discuss the details of your case. We offer free, no-obligation consultations to prospective clients so you won’t feel pressured to make any major decisions before you feel ready to do so.
How We Can Help
- What qualifies as drunk driving in Nebraska?
- How dangerous are drunk driving accidents?
- Common injuries in drunk driving accidents
- When you can take legal action against a drunk driver
- What compensation is available in drunk driving cases?
- Why work with Inserra Kelley Cooper Sewell?
- Frequently asked questions about Omaha drunk driving accidents
What qualifies as drunk driving in Nebraska?
Under Nebraska law, it is illegal for anyone to operate or be in physical control of a motor vehicle while under the influence of alcohol or drugs. As per state law, any adult found to be operating or in control of a vehicle with a blood alcohol concentration (BAC) of .08 or higher could be charged with driving under the influence.
Nebraska also has a strict zero-tolerance policy for underage drinking and driving. That means if a driver younger than 21 is found to have a BAC of .02 or higher, they’ll likely face legal consequences – even if their BAC is well below the .08 limit.
The penalties for driving under the influence vary depending on the driver’s assessed BAC, whether the offender has previous DUI convictions, and whether the impaired driver caused an accident while under the influence.
A first-time offender may be charged with a Class W misdemeanor and, if not placed on probation, face minimum penalties of 7 days in jail, 6 months of license revocation, a $500 fine, and an ignition interlock requirement. An individual who causes a fatal traffic accident while under the influence may be charged with a felony offense and face much harsher penalties under the law.
How dangerous are drunk driving accidents?
According to the National Highway Traffic Safety Administration (NHTSA), someone in the U.S. dies in a drunk-driving-related accident roughly every 44 minutes. To look at it a different way, roughly 30% of all traffic-crash fatalities in our country can be linked to drunk driving. These statistics underscore just how consequential driving under the influence can be.
A person who drives drunk is essentially operating a piece of heavy machinery while not in complete control of their faculties. Alcohol impairs our judgment and decision-making capabilities and can also compromise our motor skills and awareness. This is a potentially deadly combination when you add fast-moving vehicles into the equation.
Drunk drivers are often unable to react or respond to safety hazards with the speed and precision a sober driver might exhibit. This can make drunk driving crashes more severe than other kinds of accidents, as drivers may not take steps to mitigate harm until it’s too late. High-impact crashes are commonly linked to more catastrophic forms of injuries and can leave victims suffering from long-term complications and disabilities.
Common injuries in drunk driving accidents
Depending on the nature of a crash, it’s possible for a drunk driving accident to result in a wide variety of physical and emotional injuries. As personal injury lawyers in Omaha, our team commonly handles drunk driving accident cases in which survivors sustained serious injuries like:
- Whiplash
- Concussions and traumatic brain injuries (TBIs)
- Sprains and strains
- Broken bones
- Crush injuries
- Organ damage
- Internal bleeding
- Cuts and deep lacerations
- Spinal cord injuries and paralysis
- Traumatic amputations
- Emotional trauma
- Post-traumatic stress disorder (PTSD)
Some of these injuries are immediately apparent at the scene of an accident. Others may develop or worsen over time, which makes it imperative for survivors of drunk driving crashes to seek medical attention as soon as they’re able to do so. The effects of brain injuries and organ damage in particular may become more apparent in the hours following a crash, and without necessary care, these conditions can evolve into health emergencies.
Getting evaluated after a crash can also help you generate a paper trail related to your accident and injuries. If you end up filing an insurance claim or taking legal action against the driver who injured you, your medical records can provide important information about when you got hurt and what care you received.
When you can take legal action against a drunk driver
Being drunk doesn’t automatically make a driver responsible for a crash. It’s possible for a sober driver to hit the vehicle of another driver who just happened to be under the influence at the time. In a case like this, the drunk driver might face consequences if law enforcement responds to the scene and discovers that they are intoxicated, but that won’t absolve the other driver of their responsibility for the crash.
If, however, the impaired driver is found to be at fault for the accident, the injured party may be within their rights to pursue a claim for compensation against them. In many cases, this requires that you establish a link between the driver’s impairment and the crash. For example, if you can show that a drunk driver was unable to maintain control of their vehicle and sideswiped you as a result, you may be able to hold them accountable for any injuries or other losses you may have suffered.
What compensation is available in drunk driving cases?
In many cases, survivors seek compensation for economic losses like medical bills, rehabilitation expenses, prescription medication costs, lost wages, and reduced earning capacity, among other things. Future expenses may be an important consideration in cases involving catastrophic injuries that have long-term implications for a victim’s future health and functioning.
You may also be able to recover compensation for non-economic losses like physical pain and suffering, emotional distress, and loss of quality of life. It’s hard to put a price tag on these losses, but they’re just as valid as other, more tangible costs. In Nebraska, there is generally no cap on compensation for economic or non-economic losses, so you and your legal team can advocate for an amount of compensation that appropriately reflects the value and nature of the harm you suffered.
Why work with Inserra Kelley Cooper Sewell?
At Inserra Kelley Cooper Sewell, we strive to provide comprehensive, individualized legal support to accident victims from all walks of life. We know that some of our clients have never had to navigate a legal claim before, and the mere prospect of filing a lawsuit can be incredibly overwhelming. That, of course, is to say nothing about the strain many of our clients are already under due to the impact of their accident.
Inserra Kelley Cooper Sewell has over 65 years of experience handling personal injury cases in and around Omaha. We have successfully secured seven-figure recoveries for survivors of motor vehicle accidents, as well as substantial recoveries for victims of drunk driving crashes.
If you choose to partner with our firm, you won’t be required to pay any attorneys’ fees unless we recover compensation in your case. We do this because we want our clients to have some breathing room to focus on their healing instead of worrying about whether they can afford effective representation. While we can’t turn back time and prevent a crash from happening, we can use our skills and experience to help you forge a path forward that offers the resources you need and the support you deserve.
Frequently asked questions about Omaha drunk driving accidents
Are drunk drivers automatically at fault in a crash?
No. Fault for a car accident lies with the person whose actions caused the crash. If, however, a drunk driver’s impairment causes or contributes to an accident, they may be found liable for any resulting damages.
What if I was partially at fault for the accident?
How long do I have to file a lawsuit for a drunk driving crash?
Can I sue a drunk driver even if they were not convicted of DUI?
Are punitive damages available in Nebraska drunk driving cases?
Get in touch with Inserra Kelley Cooper Sewell
If you or someone you care about was injured in an Omaha drunk driving accident, our team would love the opportunity to learn more about your case. We know that choosing a law firm to represent you at a time like this is a huge decision, and we want you to feel confident in your decision to work with us. That’s why we offer free, no-obligation consultations and won’t charge any upfront fees should you ask us to handle your case.
Give us a call today or stop by our Omaha office at 6790 Grover Street, Suite 200, to speak to a member of our team. We’d love to get to know you and share more about how Inserra Kelley Cooper Sewell could play a role in your fight for accountability.