Why this guide matters for Omaha drivers
If you or a loved one was hit by a distracted driver in Omaha, you’re likely juggling medical appointments, insurance calls, a disabled vehicle—and lots of questions. This guide breaks down what distracted driving means under Nebraska law, how fault is decided, where compensation comes from, and the steps that strengthen your claim from day one.
At Carlson & Blakeman, LLP, our personal injury lawyers help crash victims prove distraction, deal with insurers, and pursue the full value of their losses. We also offer bilingual legal services (English/Español) so nothing gets lost in translation.
Free consultation. Talk to an Omaha car accident lawyer at Carlson & Blakeman, LLP. Se habla español.
What Defines Distracted Driving in Omaha?
Distracted driving involves any activity that diverts attention away from driving, including using a phone, eating, or adjusting vehicle controls. In Omaha's busy traffic, even a momentary distraction can lead to serious accidents. Understanding these distractions helps you recognize dangerous behaviors and avoid potential hazards on the road.
Nebraska has specific laws aimed at addressing distracted driving. For instance, the state enforces penalties for texting while driving, a common and dangerous distraction. Understanding these laws is crucial for Omaha residents, as they inform both safe driving practices and the framework for legal action if an accident occurs due to another’s negligence.
Recognizing these distractions and adhering to state laws is essential for road safety. It not only protects you and your passengers but also ensures compliance with Nebraska’s legal standards, which can be pivotal in legal proceedings following an incident.
Nebraska’s distracted driving rules—quick overview
- Texting (reading/typing/sending) while a vehicle is moving is illegal for most drivers in Nebraska. Violations carry $200–$500 fines and driver’s license points, and the texting ban is enforced as a secondary offense (officers must see another violation first).
- For commercial drivers and certain passenger vehicles, Nebraska separately prohibits handheld mobile telephone use (with limited exceptions).
- Nebraska tracks distracted-driving trends statewide; state data dashboards show annual tallies of distraction-related crashes (including cell-phone involvement).
- Public health sources note distraction has accounted for a significant share of Nebraska crashes in recent years (e.g., about 12% in 2019).
- Lawmakers have recently considered upgrading handheld/phone violations to primary enforcement, reflecting ongoing concern about roadway safety.
After the crash: a step-by-step Omaha checklist
- Call 911 and get medical care. Adrenaline hides injuries; early diagnosis and consistent follow-up protect your health—and your claim.
- Document everything. Scene photos, vehicle positions, skid marks, traffic signals, road/lighting conditions, and your injuries and torn/damaged clothing.
- Get witness info. Names, phone numbers, emails—capture on your phone right away.
- Request the police report and note the report number. If distraction is suspected, ask the officer to document it.
- Preserve video. Canvass nearby businesses and residences quickly; video can loop over in 24–72 hours.
- Notify your insurer to preserve first-party benefits (e.g., MedPay), but do not provide a recorded statement to the other driver’s insurer before legal advice.
- Start a claim file. Medical bills, pharmacy receipts, proof of time off work, repair estimates, towing, rental, and all insurer correspondence..
Who pays? Insurance coverage in distracted driving cases
There are often two active claim tracks:
Third-party claim against the at-fault driver
You pursue compensation from their liability coverage for medical expenses, wage loss, pain and suffering, and property damage. If their limits are too low, your options may include litigation and/or underinsured motorist (UIM) claims.
First-party benefits under your policy
Medical Payments (MedPay): Pays certain medical bills regardless of fault, easing early out-of-pocket stress.
Uninsured (UM) / Underinsured (UIM) Motorist: If the distracted driver has no insurance or too-low limits, UM/UIM can fill the gap for injury damages.
Collision/Comprehensive: Repairs or totals your vehicle (deductible applies); comp covers theft, fire, and other non-collision losses.
Pro tip: Keep your declarations page handy. Your limits shape strategy and settlement value.
Frequently asked questions
Is texting while driving illegal in Omaha?
Yes. Nebraska law bans reading, typing, or sending written communications (texts, emails, etc.) while driving. It’s currently a secondary offense with escalating fines and points.
Do I need phone records to win a distracted driving case?
Not always. Phone records help, but video, witness accounts, crash data, and traffic forensics can prove a distraction even without direct phone evidence.
The driver was on a hands-free call. Does that matter?
It can. Hands-free calls may still create cognitive distraction. We focus on all evidence of inattention—reaction times, lane control, and braking behavior to establish fault.
What if I’m partly at fault?
Nebraska’s comparative negligence rule reduces your recovery by your fault percentage, and a 50% share bars recovery against the other driver. Talk to a lawyer before accepting any allocation.
Bilingual help for Omaha families
Insurance letters, medical bills, and recorded statements can be overwhelming. Our team offers bilingual legal support to explain each step, prepare your statement, and pursue benefits such as UM/UIM and MedPay.
Contact us for a free consultation. Tell us what happened. Se habla español.