Are Nebraska’s Distracted Driving Laws Tough Enough?

Distracted driving is one of the leading causes of crashes across the country, and Nebraska is no exception. Whether it’s texting, adjusting the radio station, or talking to passengers, the act of driving without full attention on the road has deadly consequences. But as accident numbers remain high, it raises an important question: Are Nebraska’s distracted driving laws doing enough to curb this growing threat?

At Conway, Pauley & Johnson P.C., we understand the devastating impact a distracted driver can have on victims and their families. If you’ve been hurt in a distracted driving crash, understanding your legal options, and Nebraska’s distracted driving enforcement, is critical to your recovery.

What Is Considered Distracted Driving in Nebraska?

Distracted driving refers to any activity that takes your eyes, hands, or focus off the task of driving. In Nebraska, the most common distractions include texting, talking on a handheld device or mobile phone, adjusting the radio station, eating or drinking, managing passengers, or using in-vehicle systems like navigation. These distractions vary in severity, but texting is especially dangerous because it combines visual, manual, and cognitive distraction.

Nebraska’s Current Distracted Driving Laws

Under Nebraska law, texting while driving is considered a secondary offense. This means a police officer must observe another traffic violation before issuing a citation for texting. This limitation reduces the effectiveness of enforcement.

For a first offense, drivers face a $200 fine and points on their license. The penalty increases for subsequent offenses: $300 for a second offense and $500 for a third. These fines may seem minor and often do little to discourage repeat violations. They can, however, impact insurance rates.

Drivers under 18 are prohibited from using handheld devices at all. Adult drivers may still talk on mobile phones while driving unless they’re in a designated school or construction zone. While some Nebraska lawmakers have pushed for stricter hands-free legislation in recent years, the state has yet to adopt comprehensive reforms.

How Nebraska Compares to Other States

When compared to other states, Nebraska’s distracted driving laws are relatively lenient. Many other states, such as Colorado and New Mexico, have implemented hands-free laws that prohibit the use of handheld devices entirely. In Colorado, for example, texting while driving is a primary offense, meaning police can stop a driver solely for phone use.

Several states have taken things further by imposing criminal charges when distracted driving leads to serious injury or death. Some impose license suspension for repeat violations or mandate higher fines and court appearances for offenders. These laws are designed to deter dangerous behavior and make roads safer.

In contrast, Nebraska’s current system often results in minor penalties that allow offenders to simply pay a fee and move on. This minimal consequence doesn’t reflect the seriousness of the offense.

The Human Cost of Distracted Driving

Distracted driving continues to cause hundreds of car accidents across Nebraska each year. Victims often suffer serious injuries, long-term disabilities, or death. Families are left to cope with the emotional and financial burden of a crash that could have been prevented.

Because texting is a secondary offense in Nebraska, law enforcement struggles to take proactive measures. Officers may witness unsafe behavior but are unable to respond unless there is another clear violation, such as speeding. This restriction hampers effective enforcement and allows many drivers to escape consequences.

Should Nebraska’s Laws Be Tougher?

Many advocates believe Nebraska needs to strengthen its distracted driving laws. Making texting a primary offense would enable police to stop and cite drivers based solely on that behavior, improving enforcement across the board.

Hands-free legislation would also help curb the use of mobile phones and handheld devices while driving. Nebraska could follow the example of many other states that have adopted more rigorous laws and seen positive results in reduced accidents.

Without tougher penalties and expanded enforcement, distracted driving will remain a dangerous threat on Nebraska roads. Every point of distraction increases the likelihood of a crash, and current laws do not do enough to prevent that risk.

What to Do After a Distracted Driving Crash

If you’ve been injured in an accident caused by a distracted driver, it’s essential to seek medical care and legal advice as soon as possible. Proving distraction can be challenging, but evidence such as police reports, witness statements, phone records, and dashcam footage can help.

At Conway, Pauley & Johnson P.C., our attorneys know how to investigate these cases and build strong legal claims. Whether it was a first offense or a third, we can help you pursue compensation for medical bills, lost wages, and emotional suffering. We are committed to holding distracted drivers accountable under Nebraska law.

Reducing Distractions and Staying Safe

During Distracted Driving Awareness Month and throughout the year, drivers should remain vigilant and avoid distractions whenever possible. Using hands-free options, pulling over before texting, and staying focused behind the wheel are small choices that can prevent serious consequences. Passengers also play a role in helping drivers stay alert and avoid unnecessary distractions.

Learn more about Nebraska’s distracted driving laws. Call Conway, Pauley & Johnson P.C. at (402) 462-5187 to schedule your free, no-obligation consultation. You can also reach us anytime through our contact page. Let us help you take the first step toward justice and recovery.

FAQs: Distracted Driving Laws in Nebraska

Is texting while driving illegal in Nebraska?

Texting is illegal, but it is a secondary offense. Police need another reason to pull you over before issuing a texting citation.

What are the penalties for a first offense?

A first offense results in a $200 fine and points added to your license, which can impact your insurance premiums.

Can adults talk on the phone while driving in Nebraska?

Yes, adult drivers can talk on mobile phones, although it is discouraged. Hands-free use is strongly recommended.

How do Nebraska’s laws compare to other states?

Other states, including Colorado and New Mexico, have stricter laws that ban all handheld device use and make texting a primary offense.

What should I do if I was injured by a distracted driver?

You should seek immediate medical attention and contact a personal injury attorney to help gather evidence and build a strong claim.