Will Nebraska’s New Distracted Driving Penalties Raise Your Accident Claim Value?

Nebraska has taken a significant step toward improving road safety with its updated distracted driving laws. As distracted driving becomes an increasingly common cause of serious accidents, Nebraska lawmakers have responded with stricter penalties in hopes of reducing these preventable incidents. But as the legal consequences grow more serious, many are asking: will Nebraska’s new distracted driving penalties increase the value of your accident claim if you’re injured by a distracted driver?

Nebraska’s Distracted Driving Laws: What’s New?

Distracted driving in Nebraska is no longer treated lightly. As of recent updates, texting while driving has shifted from being a secondary offense to a primary offense. That means police officers can now pull over and ticket drivers solely for using a handheld wireless communication device, no other traffic violation needs to occur.

The law applies to all drivers, including commercial drivers and school bus operators, and includes stricter penalties for subsequent offenses. For first-time offenders, the penalties include fines, points on the driver’s license, and potential license suspension. These changes reflect a broader push by Nebraska lawmakers to reduce distracted driving accidents across the state.

Under Nebraska’s distracted driving laws, using handheld devices to send written communication—such as texting, emailing, or browsing—is explicitly prohibited. Hands free devices are still allowed under most circumstances, though exceptions exist in emergency situations.

How Distracted Driving Involves Liability in an Accident

In legal terms, distracted driving involves any behavior that diverts attention from the task of driving. This includes manual distractions like holding a mobile phone, cognitive distractions like daydreaming, or even visual distractions such as reading a message. When distracted drivers cause collisions, they are considered negligent, which opens the door to civil liability.

Distracted driving cases typically involve the at fault driver violating road safety norms. If the driver who hit you was texting while driving or otherwise distracted, this can significantly impact the outcome of your car accident claim. Evidence like police reports, witness statements, phone records, and repair estimates can be used to support your case.

Impact of Nebraska’s Distracted Driving Laws on Your Injury Claim

So, how do Nebraska’s updated distracted driving laws affect the value of your injury claim? The answer lies in how well your attorney can link the driver’s unlawful behavior to your injuries and losses. If it can be clearly demonstrated that the other driver violated primary enforcement laws—like texting while driving—this may strengthen your case for compensation.

Insurance companies take these violations seriously, especially when they are backed by police reports or phone records. If you were injured in a distracted driving accident, these updates to Nebraska law can make it easier to prove negligence, which may result in a higher settlement offer or successful court award.

Furthermore, if the distracted driver’s behavior was particularly reckless, your attorney may be able to pursue punitive damages in addition to standard compensation for medical bills, lost wages, and property damage.

Gathering Evidence After a Distracted Driving Accident

After a distracted driving incident, gathering evidence is essential. Take photos of the crash scene, obtain a copy of the police report, and collect contact details from witnesses. Your attorney can request phone records, analyze recorded statements, and work with accident reconstruction experts to strengthen your claim.

Prompt medical attention is also vital, not just for your health, but also for building your case. Medical care and documentation help establish the link between the accident and your injuries, ensuring your medical expenses are accounted for in your claim.

Why Hands Free Laws Still Matter

While Nebraska allows hands free calls using hands free devices, distracted driving is still a concern even when drivers comply with hands free laws. Cognitive distractions—such as being mentally preoccupied during a call—can still contribute to distracted driving incidents. That’s why safe driving practices remain essential, regardless of what the law allows.

What to Expect in Legal Proceedings

If you’re involved in a distracted driving case, legal proceedings may involve negotiation with the insurance company, gathering of police reports, reviewing phone use, and filing a lawsuit if necessary. Experienced attorneys know how to navigate these steps efficiently. Your attorney will aim to pursue compensation that fully addresses your financial losses, including medical expenses, lost wages, and pain and suffering.

It’s important to understand that pursuing a distracted driving claim is not just about money. It’s about holding distracted drivers accountable and promoting safer roads for everyone. That’s why many clients also find peace of mind in knowing that their case can help prevent future distracted driving accidents.

Should You File a Claim Against a Distracted Driver?

If you’ve been injured in a car accident caused by a distracted driver in Nebraska, you have every right to seek compensation. This includes financial recovery for medical bills, lost wages, and emotional suffering. Don’t wait to take action. A free consultation with an experienced attorney can help determine the strength of your case and guide you on the next steps.

Learn How Conway, Pauley & Johnson P.C. Can Help

At Conway, Pauley & Johnson P.C., we work diligently to support injured victims of distracted driving accidents. Our experienced attorneys understand how to gather evidence, handle legal proceedings, and fight for full compensation. We offer a free consultation to discuss your case and help you understand your options under Nebraska law.

If you or a loved one has been hurt in a distracted driving accident, don’t wait. Call us today at (402) 462-5187 or contact us online to schedule your no-obligation consultation.