Motorist texting while driving.

In Nebraska, the use of a phone while driving is a secondary offense. However, a new bill (LB1033) has been introduced in the Nebraska legislature. The bill proposed that the use of handheld devices, such as texting on a cell phone, should be a primary offense. While this bill has not been passed at this time, there is much we can learn from the government’s stance on distracted driving.

In 2023, there were 3,405 distracted driving crashes in Nebraska, and 629 of these involved cell phones. This is a large portion of the overall crashes, and lawmakers take these statistics seriously. When it comes to the victims of distracted driving accidents, their families deserve to be compensated for what another person’s negligence has cost them. 

At Hauptman, O’Brien, Wolf & Lathrop, we believe in holding distracted drivers accountable for the pain they’ve caused. If you or your loved ones have been involved in an accident with someone who was distracted and on a phone, we want to help you seek justice. For your free consultation, contact us at 402-241-5020. 

What the Bill LB1033 Means

According to the bill’s language, lawmakers aim to “provide for enforcement of violations relating to the use of handheld wireless communication devices as a primary action.” This means that the new law would give a police officer the right to pull drivers over just for using their mobile devices and issue citations exclusively for this infraction. The hope is that this upgrade in severity of the offense would discourage people from texting and driving.

Currently, under Nebraska law, using a handheld device to text is a secondary offense. Thus, a police officer must pull the driver over for some other reason, such as speeding or reckless driving, before issuing a citation for the usage of a handheld device. Many surrounding states have enacted similar laws to crack down on cell phone use while driving.

Nebraska uses a point system to determine when someone loses his or her license. Currently, texting while driving is a 3-point offense, with 12 or more points within a 2-year period causing automatic license revocation. Some believe that this is a hard rule to enforce or prove, and perhaps that is part of the hesitation for the bill to become state law.

Why Such a Bill Would Be Groundbreaking

The push for hands-free technology has been gaining clout in recent years. Many agree that texting while driving causes accidents but are unsure how to curb the problem. Enacting and enforcing such laws has proved to be successful in other states. 

In Nebraska, our 1.9 million inhabitants deserve to feel safe while driving down the roads. While we have all been tempted to check if we need to respond to a text message or another type of electronic message, we must avoid doing so while behind the wheel. 

Allowing police officers to give substantial tickets and dock more points from negligent driver’s licenses for texting while driving could be a good incentive to keep the phone out of the driver’s hands. No message is as important as protecting the lives of the people who you share the road with. 

Distracted Driving in Nebraska

Numerous causes of distracted driving are common in Nebraska, including driving while fatigued, looking at something outside the vehicle, and driving under the influence. However, one of the most common causes of car accidents, truck accidents, or motorcycle accidents is the use of cell phones to talk, text, or use social media. 

It may feel totally normal to see people looking down at a small, rectangular screen while they drive. We all seem to be very attached to these devices that help us perform many different tasks, but they can be a hindrance when we’re at the wheel. If you were hit by a distracted driver who was on his or her phone at the time of the accident, you are likely feeling frustrated. 

Dealing with the aftermath of a distracted driving accident can be challenging. Maybe there are complex insurance claims to navigate, or you might be unable to prove that the other driver was at fault for your injuries. Our law firm wants to help you hold negligent drivers accountable for their actions.

Find Help at Hauptman, O’Brien, Wolf & Lathrop, P.C.

The car accident lawyers at Hauptman, O’Brien, Wolf & Lathrop have extensive experience in helping distracted driving victims claim the financial justice they deserve. We have a single focus: protecting you. We prioritize your best interests and recovery above all else.

If you are wondering what your next steps are after sustaining your injuries caused by a distracted driver, we can point you in the right direction for your best interests. It may seem like you won’t be able to prove that the person was using his or her phone while driving, but let us worry about that. We have aided others in similar situations before, and we want to help you, too.

To schedule a free claim review with an experienced vehicle accident lawyer in our office, please contact Hauptman, O’Brien, Wolf & Lathrop as soon as possible. We do not charge a fee for our services unless and until you win.


by Hauptman, O’Brien, Wolf & Lathrop
Published on

Posted in: Car Accidents