Far too many motorists underestimate the potential dangers of distracted driving. Every day in the United States, distracted driving kills approximately 9 people and injures 1,000 more, according to the Centers for Disease Control and Prevention. This number is only expected to grow.
Since its invention, cellphone technology has advanced exponentially, resulting in further distractions for drivers. Studies show that drivers who used handheld devices while behind the wheel were four times as likely to get into accidents severe enough to cause injuries; and that using a handheld or hands-free cellphone can slow driver response time equal to having a blood alcohol level of .08% - the legal limit in most states, including Nebraska.
If you’ve been injured in a traffic accident caused by a distracted driver, you may be entitled to compensation for your medical bills, lost wages, property damages, and more. But to get the compensation you deserve, you’ll need the representation of an experienced Omaha distracted driving accident attorney. The legal team at Cullan & Cullan LLC has been fighting for the rights of injury victims since 2007, and we will put our skills behind your claim. Call today for a free case evaluation by dialing (402) 882-7080.
What Causes is Distracted Driving?
Cellphones aren’t the only culprit when it comes to distracted driving. There are many other reasons drivers aren’t fully engaged in the act of responsibly operating a motor vehicle. Distracted driving is typically broken down into three main categories:
- Visual - when a driver takes his eyes away from the road. An example of visual distraction would be a driver looking at a text he’s just received on his phone.
- Manual - when a driver removes one or both of her hands from the steering wheel. An example of manual distraction would be taking a hand off the steering wheel to adjust the radio or CD player.
- Mental - when a driver allows his mind to drift away, partially or fully, from the task of driving. An example of a mental distraction might be getting into a heated discussion or argument with a passenger.
Other examples of distracted driving include texting; eating and drinking; applying makeup; reading maps or directions; lighting cigarettes or vaping; daydreaming, worrying, becoming overly involved with a news story or talk radio topic; looking at accidents, billboards, or other roadside distractions; interacting with pets, children, and other passengers; programming a GPS device; or anything that impairs your ability to drive safely.
Nebraska Cellphone Laws
Unfortunately, Nebraska is one of the few states left in the U.S. that does not have a ban on all drivers using handheld devices when behind the wheel. However, drivers under the age of 18 who have a learner's permit or an intermediate license are prohibited from using cellphones while driving. Texting while driving is illegal for all drivers in Nebraska.
But texting while driving is only "secondary enforcement," which means police must pull motorists over for another offense before citing them for texting. Fines for texting while driving range from $200 to $500, and cited drivers may receive three points against their driver's license.
Proving Liability in Nebraska Cellphone Car Accident Cases
If a driver admits he or she was using a cellphone at the time of an accident, the police will include it in their accident report. However, in many instances, a driver will deny using a cellphone, which can complicate matters. In such instances, eyewitness reports will be invaluable. The driver's cellphone records may be subpoenaed in order to prove he or she was distracted at the time of the accident.
Our Nebraska car accident lawyers at Cullan & Cullan know how to hold negligent drivers accountable for their actions. We will thoroughly investigate your accident and create a strong case on your behalf. Call our law offices at (402) 882-7080 today for a free consultation.
Nebraska Motor Vehicle Accident Case Results
$125,000.00 - Automobile Accident: Jury compensates the plaintiff in an automobile accident with a back injury. An offer of $15,000.00 prior to trial.
$85,000.00 Settlement - Automobile Accident: Settlement in an automobile accident with a back injury.