Every year, drunk driving accidents leave Nebraska residents reeling from painful injuries, facing an uncertain future, and, at times, mourning the loss of a loved one. In 2020, there were 1,534 alcohol-related crashes on Nebraska’s roads, claiming 233 lives. Alcohol was a factor in almost one-third of all fatal crashes in Nebraska that year.
Drunk driving accident victims need representation from a law firm that puts each client at the center of what it does. At Hauptman, O’Brien, Wolf & Lathrop, we have one focus – protecting you and defending your legal rights. If a drunk driver has turned your life upside down or taken a beloved family member from you, our drunk driving accident lawyers can fight aggressively for fair compensation to give you a brighter future.
To start your personal injury claim, schedule a free consultation with a drunk driving accident lawyer today. Call us 24/7 at (402) 241-5020 or complete our contact form, and we will call you back soon. Remember, it costs nothing to talk to our attorneys, and this could be the most valuable call you’ll ever make.
The Increased Risks of Car Accidents Involving Drunk Drivers
Sadly, accidents involving drunk drivers are far more likely to result in fatalities than those that do not. The National Highway Traffic Safety Administration (NHTSA) reports that around 37 people die every day in drunk driving accidents in the United States. Additionally, many more face catastrophic injuries due to these preventable accidents.
Effect of alcohol on drivers
Alcohol is quickly absorbed by the body, and all types of alcoholic drinks have the same effect on a person’s ability to safely control a motor vehicle. The NHTSA notes that drivers with a blood alcohol concentration (BAC) level of 0.08 are 4 times more likely to have a car accident than those with a BAC of zero. Meanwhile, drivers with a blood alcohol content level of 0.15 are 12 times more likely to crash.
The more a person drinks, the more the alcohol has the following effects on his or her driving:
- Reduced visual functions
- Steering difficulties
- Impaired coordination
- Reduced ability to process information correctly
- Inability to stay in lane and brake at the right time
Common injuries after a drunk driving collision
Drunk driving doesn’t just increase a person’s chances of getting into a car accident, it also increases the likelihood that the accident will cause catastrophic injuries.
Potential injuries may include the following:
- Traumatic brain injuries (TBIs): Caused by a blow to the head or severe shaking of the brain within the skull, traumatic brain injuries are common in serious car accidents. TBIs can alter a person’s memory, personality, reasoning ability, hearing, and more. Sometimes, the changes are permanent and can cause lifelong disabilities.
- Spinal injuries: The immense forces exerted in a drunk driving car accident can cause ruptured or herniated spinal discs. Spinal injuries can cause intense pain and, if the spinal cord is affected, may lead to partial or complete paralysis.
- Internal injuries: Crush injuries to the internal organs may require emergency surgery. The kidneys, spleen, and lungs are most commonly affected in serious car accidents.
- Arm and leg injuries: Broken bones and crushed limbs may require extensive surgery and physical therapy to recover from. There is also the risk of having to have a limb amputated if the injuries are too severe to recover from.
Drunk driving fatalities
According to the NHTSA, about 11,000 people die each year in accidents involving drunk drivers. That represents almost one-third of all fatal accidents in the US. If you have lost a beloved family member in a drunk driving collision, you have our deepest sympathy, and we are ready to discuss your legal options with you.
At Hauptman, O’Brien, Wolf & Lathrop, our wrongful death attorneys can discuss the details of your case and your legal rights under Nebraska law. It may be possible to pursue compensation for medical costs, funeral expenses, lost wages, and the pain and suffering of the surviving family members.
Criminal Proceedings and Civil Claims in Drunk Driving Accidents
There is a difference between criminal proceedings and civil charges in DUI cases. Drunk drivers may face both. The police and criminal justice system pursue criminal proceedings, while personal injury lawyers pursue civil claims.
Criminal DUI charges
Under Nebraska’s drunk driving laws, anyone with a blood alcohol level of 0.08 percent or higher can be charged with a violation for driving under the influence (DUI). This applies whether he or she is involved in an accident or not. If a drunk driver’s blood alcohol is 0.15 percent or higher, you could be charged with an aggravated DUI.
Nebraska also takes a zero-tolerance approach to drunk driving in minors. Anyone driving under the age of 21 with a blood alcohol level of 0.02 percent or over will face a DUI charge.
Nebraska criminal DUI violations
If a drunk driver hits another motorist and causes injuries or death to the other driver or passengers, or injures or kills a pedestrian, bicyclist, or motorcyclist, he or she may be charged as follows:
- Class IIIA felony: Drunk driving accident causing serious bodily injury to another person or unborn child of a pregnant woman. A drunk driver may face up to 5 years in jail and lose his or her license for at least 60 days and up to 15 years.
- Class IIA felony: Used in first-DUI conviction fatal drunk driving accidents. It is considered motor vehicle homicide and can result in a jail term of up to 20 years.
- Class II felony: Used when a drunk driver has prior DUI convictions and causes a fatal accident. This motor vehicle homicide conviction can result in 1 to 50 years in jail and losing his or her license for 15 years.
Filing a civil claim
A criminal conviction for a drunk driver may satisfy your desire to see justice done, but it does not provide drunk driving accident victims with a penny of financial compensation. To pursue the damages you need to rebuild your life, you must file a personal injury claim with a Hauptman, O’Brien, Wolf & Lathrop, P.C. drunk driving accident lawyer.
If a drunk driver has insurance, a personal injury lawyer can help you file a claim against his or her insurance policy. If the drunk driver does not have insurance, your attorney can file a civil personal injury lawsuit against him or her to try to recover compensation.
Is the Drunk Driver Always Considered at Fault?
There is no doubt that drunk driving severely impairs a person’s ability to drive safely. However, it does not automatically make the drunk driver at fault for an accident. Other factors, such as mechanical failures, other drivers’ actions, and road conditions, may all have contributed to the accident.
So, to build a strong case for fault, a drunk driving accident lawyer must do more than prove the driver was drunk. The lawyer must prove that the drunkenness amounted to negligence, which was the direct cause of your injuries.
Drunk driving accident lawyers may be able to build a case around one or more of the following negligent behaviors:
- Speeding
- Ignoring traffic laws
- Driving aggressively
- Causing other drivers to take evasive action
To prove the drunk driver acted negligently, drunk driving accident lawyers must produce compelling evidence.
Evidence could include:
- Police reports
- Eyewitness testimony
- Dashcam or surveillance camera footage
During your free consultation, a Hauptman, O’Brien, Wolf & Lathrop drunk driving accident lawyer will dig into the details of your case to understand what caused your accident. If we agree to take on your case, our investigative team will work hard to uncover the necessary evidence to build a strong case that will stand up in negotiations or in court.
Compensation Available for Drunk Driving Accidents – Average Settlement in Nebraska
Nebraska drunk driving accident victims can pursue two types of compensation – economic and non-economic.
Economic compensation aims to restore the financial losses incurred due to your accident and includes:
- Medical bills
- Lost wages and business opportunities
- Property damage
Non-economic compensation repays you for the intangible losses you have experienced.
Such losses may include:
- Pain and suffering
- Disfigurement
- Loss of enjoyment in life
Many factors affect Nebraska drunk driving accident settlements, making it impossible to give an average figure. Generally, the more severe your injuries, the higher your payout. During your free consultation, a drunk driving accident lawyer may be able to give you a ballpark figure based on experience of previous cases.
However, insurance limits can restrict how much you can claim from the other driver. The basic requirement in Nebraska is $25,000, which is unlikely to cover your medical expenses if you suffer catastrophic injuries. You may need to sue the drunk driver personally if your compensation claim is greater than his or her insurance policy limits.
How Can Our Drunk Driving Accident Attorneys Help?
At Hauptman, O’Brien, Wolf & Lathrop, P.C., we have the knowledge and experience drunk driving accident victims need to fight for justice and a fair settlement that will let them rebuild their lives. Our attorneys can investigate your collision with a drunk driver, build a strong case for compensation, and fight hard with the insurance company in negotiations or in court for maximum compensation.
At our law firm, you are our priority. We want to protect your rights and safeguard your future. We understand that getting in a drunk driver accident is a terrible injustice. If we agree to take on your case, we will use all our resources to give your car accident case the best chance of success.
When you call us, you will speak directly to an attorney – no middleman, just sound legal advice at the end of the phone. We also offer home and hospital visits. Schedule a free consultation by calling (402) 241-5020 or contacting us online today.
