Omaha Distracted Driving Attorney
Legally Reviewed By: Robert M. Knowles
Attorney & Partner At Knowles Law Firm
Distracted driving has been a major cause of car accidents since the first days of the Model T. As technology has evolved, the amount of distracted driving accidents has only increased over the years, so that distractions often appear in a number of ways to even the most focused drivers.
However, this is no excuse after a car accident – if you were involved in a distracted driving accident, you may have a claim against the distracted driver.
How Do Distracted Driving Claims Work In Nebraska?
As the victim of a distracted driving accident, you are entitled to bring a legal claim against the responsible party for any injuries sustained in the crash. The total amount of the claim will be based on the following expenses, including emotional expenses:
- Medical expenses
- Lost wages
- Future earnings
- Pain and suffering
- Loss of consortium
A personal injury attorney will be able to assist you in determining the total amount of your injury claim. It is important that you do not speak with the insurance agent of the responsible party. Insurance agents will try relentlessly to settle any distracted driving accident claim as efficiently as possible.
Therefore, they will attempt to contact you in the days following your accident to coerce you to sign a settlement claim that often appears to be a great deal. However, keep in mind that many of your injuries and expenses will not immediately manifest themselves, but will often take months to completely determine.
An experienced personal injury attorney will be able to predict the amount of your expenses, which are often much higher than the small settlement amount proposed by the insurance company.
Keep in mind that a settlement may prevent you from bringing a personal injury claim in the future.
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2020 Nebraska Distracted Driving Statistics
Nebraska is no different than the rest of the country, and experiences a set percentage of car accidents each year due to distracted driving.
According to the most recent data retrieved from the Nebraska Department of Transportation (NDOT), the state of Nebraska observed a 13% increase in distracted driving-related crashes from 2013 through 2020.
New laws have been implemented to protect all drivers and passengers on the road from distracted drivers, but in 2020, there were still approximately 3,924 car accidents caused by distracted driving.
Out of this number, approximately 1,282 distracted driving accidents resulted in injury in 2020, with 19 of these accidents resulting in fatalities.
Distracted Driving Due to Cell Phone Use
Nebraska, as well as other states around the country, has taken a hard look at the impact of cell phone use on distracted driving accidents.
In 2020, around 130 car accidents were due to cell phone distractions. According to the National Highway Traffic Safety Administration, driver cell phone use has only slightly increased in recent years and remains highest among the 16-24 year-old age group. In 2020, teenagers accounted for approximately 31% of crashes statewide involving cellphones.
Nebraska has banned texting while driving along with the majority of other states, and it is therefore a traffic offense to visibly text while driving.
Prior to the advent of cell phone use, distracted driving was still a major issue on all the nation’s roadways. There are many things that distract drivers on a daily basis, including:
- Eating food while driving
- Applying makeup while driving
- Children in the back seat
- GPS navigation systems
- Weather
- Car accidents, tire blowouts, or stopped vehicles on the shoulder
- Radio
In short, there are a number of outside distractions that can affect a driver on a daily basis. It is your responsibility as a driver to keep the roadways safe by mentally tuning out all outside distractions and focus on the road in front of you. However, other drivers may not follow this mindset, leading to severe accidents.
How Our Omaha Distracted Driver Lawyers Can Help You
If you or a loved one have been involved in a distracted driving accident, do not hesitate to contact the attorneys of the Knowles Law Firm. Our firm has the resources available to conduct a thorough investigation of your accident claim and will track down the appropriate witnesses to the accident.
Distracted driving will only decrease once distracted drivers are held accountable for their actions. Your personal injury claim may prevent a future accident from occurring. Contact our Omaha, Nebraska law firm today for your initial free consultation.
Frequently Asked Questions About Distracted Driving Lawyer in Ohama
What should I do immediately after a distracted driving accident in Omaha?
After a distracted driving accident, prioritize your health and safety by seeking medical attention for any injuries, especially potential spinal cord injuries, which may not be immediately apparent. Once safe, document the accident scene, gather witness information, and avoid speaking to the other party’s insurance company. It’s also recommended to contact an Omaha distracted driving accident lawyer to protect your rights and ensure any settlement offers account for the full extent of your injuries and losses.
How can an Omaha distracted driving lawyer help me seek compensation?
An experienced Omaha distracted driving lawyer can guide you in seeking compensation by handling critical tasks such as evidence collection, accident reconstruction, and negotiations with insurance companies. Lawyers understand that spinal cord injuries, lost wages, and future medical needs are complex and often require higher compensation than initial offers. They work to ensure the liable party is held accountable for the accident and to secure a fair settlement that reflects all of your current and future expenses.
Can I recover damages for spinal cord injuries from a distracted driving accident?
Yes, spinal cord injuries are often severe and costly, impacting your ability to work and requiring extensive medical treatment. In Nebraska, you have the right to seek compensation from the distracted driver for these injuries. A distracted driving accident lawyer can help estimate the full scope of your claim, which includes immediate and future medical bills, loss of earning capacity, and pain and suffering, ensuring you pursue the compensation you deserve.
What types of compensation are available after a distracted driving accident?
Compensation in a distracted driving accident claim may cover a range of expenses. You can seek damages for medical costs, lost income, loss of future earnings, and pain and suffering. This includes treatments for severe injuries like spinal cord injuries. Consulting with a distracted driving lawyer can help ensure that the compensation fully addresses both your immediate needs and the long-term impact of the accident.
Why is it important to consult a distracted driving accident lawyer before settling with insurance?
Insurance companies often aim to settle claims quickly and for less than the actual worth, especially for complex cases like those involving spinal cord injuries. By consulting a distracted driving accident lawyer, you can avoid undervaluing your claim and signing away your rights to future compensation. A lawyer can accurately estimate the total costs related to your injuries and negotiate with the insurance company to seek fair compensation on your behalf.
About Our Attorney
Robert M. Knowles
Attorney & Partner at Knowles Law Firm
Robert has tried cases in both state and federal courts and was selected as one of the top 100 litigation lawyers in Nebraska for 2014 by the American Society of Legal Advocates. Less than 1.5 percent of lawyers nationally are selected for this recognition. He is rated AV by Martindale-Hubbell which is the highest rating an attorney can obtain. He was also selected by Martindale-Hubbell as a 2019 Top Rated Lawyer.