Distracted driving accidents can shatter lives, leaving lasting scars on you and your loved ones. When drivers take their eyes off the road, the consequences are often severe, and you may bear the brunt of this negligence. As an accident victim, you have the right to seek justice and compensation.
A good lawyer plays a major part in guiding you through legal claims to pursue the compensation you deserve.
Omaha Lawyers for Distracted Driving Injuries
Distracted drivers kill thousands of people every year on American roads and injure many more. Injuries that result from car crashes can sometimes be as simple as a bruise or as life-threatening or changing as an internal or spinal injury.
If you or a loved one have been injured as the result of a distracted driver, you need to contact an experienced personal injury attorney immediately. Every second counts when it comes to receiving appropriate compensation.
The dedicated personal injury attorneys at Liberty Law Group are experienced in working with clients with a wide range of injuries, including driving injuries. If you or a loved one have been injured and are suffering cognitive or physical injuries as a result, contact our firm immediately at (402) 865-0501 or fill out our online contact form.
Our firm proudly serves the communities of Omaha in Douglas County, Lincoln in Lancaster County, Papillion in Sarpy County, and across the neighboring counties of Dodge, Cass, Washington, Saunders, and throughout Eastern Nebraska.
We also represent those charged in Iowa, including the communities of Council Bluffs in Pottawattamie County, Iowa, and surrounding areas.
- What Distracted Driving Accidents Are
- Why Distracted Driving Crashes Happen
- Distracted Driving Accident Hotspots in Nebraska
- Determining Liability in Distracted Driving Injury Cases
- Legal Options for Victims of Distracted Driving Accidents
- Potential Damages
- Steps to Take After a Distracted Driving Accident
- How a Distracted Driving Accident Lawyer Can Help
- Frequently Asked Questions
- Resources
- Hire a Personal Injury Lawyer for Distracted Driving Injuries in Douglas County NE
What Distracted Driving Accidents Are
- Visual Distraction: Drivers often take their eyes off the road. This can occur if the driver looks at their phone, GPS, or even other passengers. Such distractions are dangerous because even a brief glance away from the road can result in missing crucial events.
- Manual Distraction: Drivers who take their hands off the wheel can become manually distracted. Common activities leading to this type of distraction include eating, drinking, adjusting the radio, or using a phone. These distractions hinder a driver’s ability to respond swiftly to changes in road conditions.
- Cognitive Distraction: Drivers’ minds may wander due to cognitive distractions where they are mentally unfocused on the task of driving. This happens when a driver is daydreaming, thinking about work, or deep in conversation with passengers. Cognitive distractions are particularly risky because the driver may not be fully aware of their surroundings.
- Auditory Distraction: Loud sounds such as music, noisy passengers, or incoming notifications can divert a driver’s attention. Auditory distractions can cause the driver to miss important audio cues like honking or emergency vehicle sirens, which can signal potential dangers.
Why Distracted Driving Crashes Happen
- Use of Mobile Phones: Many distracted driving accidents occur when drivers use their mobile phones while driving. Texting, calling, or using social media while driving greatly increases the risk of an accident as these activities divert the driver’s attention from the road.
- Passenger Interference: Passengers can unintentionally distract the driver, especially when they engage the driver in conversations or other activities. Children, in particular, can be a significant source of distraction.
- External Events: Roadside distractions, such as billboards, accidents, or construction sites, can take a driver’s attention away from the road, increasing the chances of a collision.
- Poorly Designed Roads: Badly designed roadways or unclear signage can contribute to distracted driving. If a driver needs to spend extra time trying to interpret signs or navigate a confusing road, they may be more likely to cause an accident.
Distracted Driving Accident Hotspots in Nebraska
- High-Traffic Areas: In Nebraska, distracted driving accidents are most common in high-traffic areas. Cities like Lincoln and Omaha are prone to such accidents because of the heavy flow of vehicles and distractions on the road.
- Interstate 80 and Highways: Highways, especially those like Interstate 80, are known for accidents caused by distractions. High speeds combined with the temptation to use mobile devices make highways dangerous for distracted driving accidents.
- School Zones and Residential Areas: Areas with higher pedestrian traffic, such as school zones or residential areas, are particularly hazardous for distracted driving incidents due to the presence of children and other pedestrians.
Determining Liability in Distracted Driving Injury Cases
- Driver Liability: In Nebraska, the driver responsible for the accident is typically held liable. If a driver is caught texting, eating, or using a GPS device while driving, they can be held accountable for the resulting accident.
- Employer Liability: If the driver involved in the accident was performing work-related tasks, the employer might share liability, particularly if safe driving policies were not enforced. This applies to accidents caused by employees driving company vehicles or conducting business activities.
- Product Manufacturer Liability: In some cases, the manufacturer of a vehicle or part may bear responsibility for the accident. For instance, if a car malfunction distracts a driver and leads to an accident, the manufacturer could be liable if it’s proven that the product was defective.
Legal Options for Victims of Distracted Driving Accidents
- Filing an Insurance Claim: After a distracted driving accident, the first step is often to file a claim with the at-fault driver’s insurance company. Evidence such as police reports, witness statements, and medical records must be provided to support the claim. The insurance company will evaluate the case and may offer a settlement.
- Filing a Lawsuit: If the insurance company denies the claim or offers an unfair settlement, a lawsuit may be necessary. In court, it must be proven that the other driver’s distraction caused the accident. Phone records, expert testimony, and witness statements can help strengthen the case.
- Uninsured/Underinsured Motorist Claims: If the at-fault driver lacks sufficient insurance coverage, a claim can be filed with the victim’s insurance company under their uninsured/underinsured motorist policy to seek compensation.
- Statute of Limitations: Nebraska law allows four years from the date of the accident to file a personal injury lawsuit. Failure to file within this time may result in being barred from pursuing legal action.
Potential Damages
- Economic Damages: These damages include costs such as medical bills, rehabilitation expenses, property damage, and lost wages. Future medical expenses or compensation for diminished earning capacity may also be recoverable.
- Non-Economic Damages: These damages cover the emotional and psychological toll the accident has caused. Compensation may be available for pain and suffering, emotional distress, and loss of enjoyment of life.
- Comparative Fault in Nebraska: Nebraska follows a comparative fault system, allowing victims to recover damages even if they are partially at fault for the accident, as long as their fault is less than that of the other party.
- Wrongful Death Claims: If the accident results in a fatality, surviving family members can file a wrongful death claim. Compensation in these cases may cover funeral expenses, loss of financial support, and emotional suffering.
Steps to Take After a Distracted Driving Accident
- Seek Medical Attention: It is essential to seek medical help immediately after an accident, even if injuries appear minor.
- Call the Police: Reporting the accident to the police and obtaining an official report is critical. This report will serve as key evidence in any potential claims.
- Gather Evidence: Photographs of the accident scene, witness contact information, and documentation of all relevant details should be collected.
- Notify Your Insurance Company: The accident should be reported to the insurance company, but caution should be exercised when making statements that could impact the claim.
How a Distracted Driving Accident Lawyer Can Help
- Gathering Evidence: Your lawyer will collect critical evidence to build your case, including phone records, witness statements, and accident reports.
- Negotiating with Insurance Companies: A lawyer can negotiate on your behalf, working to secure a fair settlement for your damages. They will handle all communication with the insurance company and fight for the compensation you deserve.
- Representation in Court: At trial, your lawyer represents you in court, presenting the evidence and advocating for the best possible outcome.
- Calculating Damages: A lawyer helps ensure all your damages are accounted for, from medical expenses to pain and suffering.
- Managing Deadlines and Paperwork: Legal cases are time-sensitive, and missing a deadline can hurt your claim. A lawyer will manage all the legal paperwork and filings to help ensure your case proceeds smoothly.
Frequently Asked Questions
What is distracted driving?
Distracted driving occurs when a driver’s attention is diverted from the road, often due to texting, eating, or using a GPS device.
What should a victim do after a distracted driving accident?
You should seek medical attention, document the accident scene, collect witness information, and contact an attorney.
Can a victim file a lawsuit for a distracted driving accident?
Yes, you could file a lawsuit to recover damages if a distracted driver caused the accident.
How long does a victim have to file a lawsuit?
In Nebraska, you typically have four years from the accident date to file a personal injury lawsuit.
What compensation can a victim receive?
Compensation can cover medical bills, lost wages, property damage, pain, and suffering.
Does insurance cover distracted driving accidents?
Yes, depending on the policies involved and the circumstances of the accident.
Can a victim sue if the distracted driver was a commercial driver?
Yes, in cases involving commercial drivers, both the driver and their employer may be liable.
Resources
- Distracted Driving in Nebraska: The Nebraska Department of Health and Human Services provides information on the risks of distracted driving and safety measures to prevent accidents.
- Distracted Driving Crash Data: The Nebraska Department of Transportation offers detailed crash statistics, including distracted driving incidents related to mobile phone use.
- Distracted Driving Grant Results: Nebraska: A report from the Governors Highway Safety Association discussing a project that studied distracted driving trends using advanced technologies to improve safety laws and awareness campaigns.
- Distracted Driving Dangers and Statistics: The United States Department of Transportation’s resource on the dangers of distracted driving, which led to over 3,000 deaths in 2022, with insights on combating this issue nationwide.
Hire a Personal Injury Lawyer for Distracted Driving Injuries in Douglas County NE
The dedicated personal injury attorneys at Liberty Law Group are experienced in working with clients with a wide range of injuries, including driving injuries. If you or a loved one have been injured and are suffering cognitive or physical injuries as a result, contact our firm immediately at (402) 865-0501 or fill out our online contact form.
Our firm proudly serves the communities of Omaha in Douglas County, Lincoln in Lancaster County, Papillion in Sarpy County, and across the neighboring counties of Dodge, Cass, Washington, Saunders, and throughout Eastern Nebraska.
We also represent those charged in Iowa, including the communities of Council Bluffs in Pottawattamie County, Iowa, and surrounding areas.
