If you were hit by a driver who was looking at their phone instead of the road, you already know what that moment felt like. It was a crash that could have been prevented if the other driver had just paid attention.
A Lincoln distracted driving accident lawyer at Friedman Law Offices can help you understand whether you have a claim, what your case may be worth, and how to hold the driver who hurt you responsible under Nebraska law.
Keep reading to learn more about how to file your distracted driving claim from a car accident lawyer. Our firm has represented injured Nebraskans since 1962, and we serve clients across Lincoln, Lancaster County, and the entire state.
On this page, you’ll learn what counts as a distracted driving accident under Nebraska law, how fault is determined, how to prove the other driver was distracted, what to do after the crash, and what compensation you may be entitled to seek.
If you want to talk with a lawyer now about your distracted driving accident, contact us for a free consultation.
What Is Considered a Distracted Driving Accident?
Distracted driving is anything that takes your attention away from operating a vehicle. The Centers for Disease Control and Prevention groups distractions into three categories.
They include:
- Visual Distraction: Anything that takes your eyes off the road, like reading a text or glancing at a GPS screen.
- Manual Distraction: Anything that takes your hands off the wheel, like eating, drinking, or holding a phone.
- Cognitive Distraction: Anything that takes your mind off the drive, like a heavy conversation or thinking through a problem while you drive.
Using a phone is uniquely dangerous because it hits all three at once. Other common distractions include adjusting the radio or climate controls, applying makeup or shaving, eating and drinking, talking with passengers, reaching for something that fell, and following turn-by-turn directions on a navigation app.
A driver who causes a crash while doing any of these can be held liable under Nebraska law, whether or not the police issue a citation.
Nebraska’s Distracted Driving Laws and Penalties
Drivers are prohibited from using a handheld wireless device to read, type, or send a written communication while operating a motor vehicle in motion under Nebraska Revised Statute § 60-6,179.01. That covers text messages, email, instant messages, and social media typing.
The penalties escalate with each offense:
- First Offense: $200 fine and three points on the driver’s license.
- Second Offense: $300 fine and three points.
- Third or Subsequent Offense: $500 fine and three points.
Enough demerit points on a Nebraska driver’s license can lead to suspension. Nebraska has historically enforced this as a secondary offense, meaning an officer can cite for texting only when the driver is stopped for another reason.
Recent legislative proposals have sought to make handheld device use a primary offense, so the current enforcement status is worth confirming with an attorney familiar with Nebraska traffic law.
Nebraska also prohibits the use of any handheld wireless device, including hands-free devices, by drivers under age 18 who hold a provisional operator’s permit. Commercial drivers face separate restrictions on handheld phone use under federal FMCSA rules.
None of these change your right to bring a civil claim. A distracted driver who causes a crash is liable whether or not they were ticketed. A citation can strengthen your case, but a case can be built on other evidence when no citation was issued.
How Fault Is Determined in a Nebraska Distracted Driving Crash
To recover compensation after a distracted driving crash in Nebraska, you and your attorney need to establish four things:
- Duty of Care: Every Nebraska driver has a legal duty to operate their vehicle with reasonable care.
- Breach: The other driver breached that duty by driving while distracted.
- Causation: The distraction caused the crash and your injuries.
- Damages: You suffered actual harm, whether that means medical bills, lost income, or physical and emotional injuries.
Nebraska follows a modified comparative negligence rule under Neb. Rev. Stat. § 25-21,185.09. That means your recovery can be reduced by your own percentage of fault, and if you are found 50% or more responsible for the crash, you cannot recover anything at all. This is stricter than the rule in several neighboring states, so how fault is apportioned matters a great deal in Nebraska.
Nebraska’s statute of limitations for personal injury is four years from the date of the crash (Neb. Rev. Stat. § 25-207). Wrongful death claims must be filed within two years of the date of death (Neb. Rev. Stat. § 30-810). If a government vehicle was involved in the crash, notice requirements can significantly shorten these windows, so it is worth speaking with a lawyer promptly.
How to Prove the Other Driver Was Distracted
Proving distraction takes evidence. A driver rarely admits to looking at a phone, and by the time a case is in litigation, memories fade and physical evidence disappears. Acting quickly matters.
The evidence that supports a distracted driving claim usually includes some combination of the following:
- Cell Phone Records: Records obtained through the subpoena process can show whether the driver was texting, calling, or using data at the time of the crash.
- Vehicle Event Data Recorder: Most newer vehicles have a “black box” that records speed, braking, and steering inputs in the seconds before a crash. Infotainment systems can also log phone connections and app activity.
- Traffic and Business Surveillance Footage: Cameras at intersections and nearby businesses may have captured the moment of the crash and the driver’s behavior leading up to it.
- Eyewitness Statements: People at the scene may have seen the driver on the phone, looking down, or reacting late.
- The Police Report: Officers document their observations at the scene, and a citation for texting or inattentive driving supports the negligence argument in a civil case.
- Social Media Activity: Public posts made around the time of the crash can sometimes contradict the driver’s claim that they were not on their phone.
- Accident Reconstruction: In serious cases, an accident reconstructionist can piece together vehicle speeds, angles, and reaction times to show the driver was not paying attention.
Cell phone records and surveillance footage often get overwritten within 30 to 90 days. Contact us so an experienced Lincoln attorney can send preservation letters and begin the subpoena process before the evidence is gone.
Steps to Take After Being Hit by a Distracted Driver in Lincoln
What you do in the hours and days after a crash affects both your recovery and your claim.
If you were just in a distracted driving crash, here is what to do:
- Call 911. A police report creates an official record and puts an officer at the scene to document what happened.
- Get medical care. Even if you feel okay at the scene, get evaluated. Some serious injuries, including brain injuries and internal bleeding, take hours or days to show symptoms. Bryan Medical Center and CHI Health St. Elizabeth are the primary trauma destinations in Lincoln.
- Document the scene. Take photos of both vehicles, the road, traffic signals, any skid marks, and anything visible inside the other driver’s car, like a phone on the seat, spilled food, or an open GPS screen.
- Get witness information. Anyone who saw the crash may be able to confirm the other driver was distracted. Ask for names and phone numbers before they leave.
- Stick to the facts. The other driver’s insurer may call you soon after the crash. Stick to the facts of what happened and contact a lawyer as soon as possible to protect your rights.
- Contact Friedman Law Offices. The sooner an experienced Lincoln attorney is involved, the more evidence can be preserved and the stronger your case can be.
Nebraska is an at-fault state, which means you pursue the at-fault driver’s liability coverage rather than your own. Adjusters often move fast to close claims cheaply, and an early lowball offer is common when the injuries look serious. Talking with a Lincoln lawyer first can protect what your case is actually worth.
Common Injuries in Distracted Driving Crashes
Distracted driving crashes are disproportionately rear-end and side-impact collisions because the distracted driver fails to see the hazard and fails to brake or steer to avoid it. That kind of unbraced impact can cause serious injuries even at moderate speeds.
The most common injuries in distracted driving crashes include:
- Whiplash and Cervical Spine Injuries: Common in rear-end crashes and often more serious than they first appear.
- Traumatic Brain Injury (TBI): From concussion to severe, life-altering brain damage.
- Spinal Cord Injuries: Damage to the spine that can cause partial or complete paralysis.
- Broken Bones and Fractures: Ribs, wrists, arms, legs, and pelvis are all common in high-force impacts.
- Internal Injuries and Bleeding: Often not obvious at the scene and always urgent.
- Soft Tissue Injuries: Sprains, strains, and torn ligaments that can take months to heal.
- Emotional Trauma: Anxiety, post-traumatic stress, and sleep disruption that can follow a serious crash.
Madonna Rehabilitation Hospital in Lincoln is a national destination for catastrophic injury and brain injury recovery. If your injuries are that serious, the care you need can extend well beyond the first hospital stay.
Compensation You May Be Entitled to Seek
Every distracted driving case is different, but if another driver caused your crash, you may be entitled to compensation for a range of losses.
These include:
- Past and Future Medical Expenses: Emergency care, hospital stays, surgery, follow-up treatment, rehabilitation, and ongoing therapy.
- Lost Wages: Time missed from work while you recover.
- Loss of Earning Capacity: If your injuries prevent you from returning to the same job or the same income level.
- Property Damage: Repair or replacement of your vehicle and any personal property destroyed in the crash.
- Pain and Suffering: The physical pain and emotional impact of the crash and your injuries.
- Loss of Enjoyment of Life: Impact on hobbies, family relationships, and everyday activities.
- Wrongful Death Damages: If a loved one was killed in the crash, surviving family members may pursue damages under Neb. Rev. Stat. § 30-810.
Nebraska does not permit punitive damages in civil cases. This is outlined in Article VII, § 5 of the Nebraska Constitution, which directs that civil penalties be deposited into the state’s school fund. Your case can pursue compensation for what you actually lost, not additional damages meant to punish the other driver.
An experienced Lincoln attorney can help you understand what your specific case may be worth after reviewing your medical records, your economic losses, and the specific facts of the crash.
Why Choose Friedman Law Offices for Your Distracted Driving Case
Friedman Law Offices has been representing injured Nebraskans since 1962. Founded by Herbert Friedman and now led by his son Daniel Friedman, our firm has grown across generations while staying rooted in Lincoln. From our office at 3800 Normal Blvd, we handle personal injury cases for clients across the state.
Distracted driving cases turn on evidence that disappears quickly. Cell phone records, vehicle black box data, and surveillance footage can all be lost within a matter of weeks. An experienced Nebraska law firm can begin the preservation process right away, sending preservation letters and, when needed, working through the subpoena process to secure records before they are gone.
We handle every case on a contingency-fee basis. You pay us nothing unless we recover money for you. Consultations are free, and there is no obligation to hire us after we talk.
Contact Our Lincoln Distracted Driving Accident Lawyers Today
If a distracted driver caused your crash, you already have enough to deal with. You focus on getting well, and we can handle the rest. There is no cost to talk to a Lincoln distracted driving accident lawyer, and there are no fees unless we recover money for you.
Schedule a free consultation today.