Nebraska Drunk Driving Accident Attorney
Get Help from Our Omaha Drunk Driving Accident Attorneys
Domina Law Group represents individuals and families affected by the negligent and careless actions of drunk drivers. While an individual can face criminal penalties for driving under the influence of alcohol or drugs, they can also be found liable in terms of civil liability.
We focus on using our extensive trial experience to hold those responsible for drunk driving accidents accountable. Understanding the intricacies of Nebraska law enables us to offer wise counsel and strong representation.
If you or someone you love was injured, we invite you to contact our Omaha drunk driving accident attorneys today at (888) 387-4134 to discuss your legal rights and options.
Understanding Nebraska's Drunk Driving Impact
In 2014, there were 1,721 alcohol-related crashes in Nebraska. While this is down substantially from 2002 when there were 2,248 alcohol-related crashes, the number is still high and especially devastating when you put a face to each number.
Summer months see a consistently higher volume of drunk driving crashes than in other seasons. In 2014, August had the highest concentration of alcohol crashes with 177.
According to the Nebraska Office of Highway Safety, 78 people were killed in drunk driving crashes in 2014 compared to 203 total fatal accidents. While the number of total fatal accidents was down from the year prior, the number of fatal drunk driving accidents did slightly increase.
Nebraska DUI Laws & Penalties
Nebraska imposes strict DUI laws to discourage driving under the influence, reflecting the community's commitment to safety. A first-time DUI offender could face penalties including up to 60 days in jail, a $500 fine, and a six-month license revocation. More severe penalties are applied for subsequent offenses or aggravated circumstances, such as a high blood alcohol concentration (BAC) or causing injury while driving under the influence. The state also embraces the administrative license revocation process, meaning licenses can be suspended swiftly after a DUI arrest. By understanding these laws, Domina Law Group pc llo ensures clients are informed of their rights and the potential legal paths available to them.
For drivers under 21, the legal BAC limit is 0.02%, emphasizing the state's zero-tolerance policy for underage drinking and driving. Commercial drivers are held to an even stricter standard, with a 0.04% BAC limit. Our firm has extensive experience navigating Nebraska’s DUI legal landscape, providing clients with strategies that align with their unique circumstances.
Proving Liability in a DUI Accident in Nebraska
Proving liability in a drunk driving accident in Nebraska involves demonstrating that the intoxicated driver’s actions directly caused the accident and resulted in damages. To establish a successful personal injury claim, the plaintiff must prove the following elements:
- Duty of Care in Nebraska: All drivers owe a duty of care to operate their vehicles safely and follow traffic laws, including the prohibition of driving while intoxicated. This duty requires drivers to avoid actions that could endanger others, such as driving under the influence of alcohol or drugs.
- Breach of Duty (Negligence Per Se) in Nebraska: Driving while intoxicated is a violation of Nebraska law and constitutes negligence per se, meaning that breaking the law automatically establishes a breach of duty. In Nebraska, a driver is legally impaired if their blood alcohol concentration (BAC) is 0.08% or higher, with stricter limits for commercial drivers (0.04%) and zero tolerance for drivers under 21 (0.02%).
- Causation: Linking Intoxication to the Accident: To prove causation, the plaintiff must show that the defendant’s impaired driving was the direct and foreseeable cause of the accident. Nebraska courts require demonstrating that the accident would not have occurred if the driver had not been intoxicated and that the resulting injuries were a predictable outcome.
- Damages: Proving Losses from the Accident: The plaintiff must show that they suffered actual losses due to the drunk driving accident in Nebraska. These losses can include medical expenses, lost income, property damage, pain and suffering, and potentially punitive damages in cases of egregious misconduct.
To establish liability, strong evidence such as police reports, witness testimony, and BAC test results is essential. Additionally, accident scene photos, video footage, and expert testimony can help illustrate how the intoxicated driver caused the crash.
Additionally, Nebraska’s dram shop laws are limited, but commercial establishments can be held liable if they serve alcohol to a minor who later causes an accident. Additionally, social hosts in Nebraska may be liable if they knowingly provide alcohol to minors who subsequently cause harm.
What Steps To Take After a Drunk Driving Accident in Nebraska
Being involved in a drunk driving accident can be a traumatic experience. Immediate actions are crucial for both safety and legal reasons. Firstly, ensure all individuals involved receive necessary medical attention. Adrenaline can mask serious injuries; hence, a medical evaluation is vital even if no injuries are apparent. Documenting injuries promptly plays a significant role in any subsequent legal proceedings.
Essential Actions Post-Accident:
- Contact Law Enforcement: It is important to contact the police to document the accident officially. A police report can be a valuable piece of evidence when pursuing any legal claims.
- Gather Evidence: If it is safe to do so, collect information from the accident scene. This includes contact details of other parties involved, photographs of the scene, and witness statements. This information can be crucial in establishing the facts of the incident.
- Avoid Discussions on Fault: Do not discuss the specifics of the accident or take blame. Any statements made immediately after the accident could potentially impact future legal claims.
- Seek Legal Advice: Contacting a trusted legal representative like Domina Law Group pc llo can help you understand the full scope of your rights and what legal actions are available to you.
Acting quickly can vastly improve your chances of a successful legal outcome. Our team is here to guide you through the process, offering personalized advice at every step of recovery and litigation.
Life-Altering Consequences of Drunk Driving in Omaha
Drunk drivers can change a life in an instant. Many drunk driving accidents result in serious injuries and fatalities to innocent drivers and pedestrians.
Victims of drunk driving accidents deserve legal recourse so they can pay for things like hospital and medical bills arising out of the car crash, emotional pain and suffering, lost wages due to inability to work after an accident, and more.
Domina Law Group is here to help victims of drunk driving accidents recover. We invite you to contact our law firm today at (888) 387-4134 for a confidential case review.
