Distracted Driving Accidents
omaha nebraska
distracted driving accident attorneys
Crashes Caused by Inattention Are Preventable.
Texting at 55 mph means traveling the length of a football field with your eyes off the road. Distracted driving covers more than phone use: it includes eating, fiddling with infotainment screens, reaching for objects, applying makeup, and conversations that pull a driver's attention away. Under Nebraska law, a driver who causes a crash because they were not paying attention is liable for the harm they caused.
If you or a family member was hurt by a distracted driver in Omaha, Bellevue, Papillion, Columbus, or anywhere in Nebraska or Iowa, the steps you take in the first days matter. Phone records, dashcam footage, and witness statements have a short shelf life. An experienced Omaha personal injury lawyer can move quickly to preserve them.
For the 75+ years of our attorneys' combined experience and more than 100 jury trials, Rensch & Rensch Law has fought for Nebraskans who were hurt by careless drivers.
Nebraska's Distracted Driving Laws
Nebraska bans texting while driving and prohibits all handheld phone use by drivers under 18. Violations carry fines and points on the driver's license. A citation for distracted driving at the scene of a crash is strong evidence of negligence in your civil claim, but it is not required: a driver can be liable for inattention even when no ticket is issued.
Common Forms of Driver Distraction
- Texting and phone use: reading messages, dialing, looking at maps, scrolling social media.
- Infotainment systems: navigating touchscreens, changing music, adjusting climate controls.
- Eating and drinking: reaching for food or spilled drinks while moving.
- Passenger activity: turning to talk, disciplining children, reaching into the back seat.
- Grooming: applying makeup, shaving, adjusting hair.
- External distractions: looking at billboards, rubbernecking past other crashes.
- Cognitive distraction: daydreaming, work calls, emotional conversations.
Evidence That Wins Distracted Driving Cases
Distracted driving is rarely admitted by the at-fault driver. We build the case from independent evidence:
- Phone records. Subpoenaed cell carrier records show calls and texts at the moment of impact. These records are usually retained for a limited time, so we issue preservation letters early.
- Vehicle event-data recorders (EDRs). Most modern vehicles record speed, brake input, and steering for the seconds before impact. Sudden braking with no swerve often means the driver did not see the hazard.
- Dashcam and surveillance video. Many intersections, gas stations, and businesses have cameras that captured the crash. Footage is often overwritten in 7-30 days.
- Witness statements. Other drivers and pedestrians may have seen the at-fault driver looking down or holding a phone before the crash.
- Police reports and citations. Officers note inattention indicators in the narrative, and a distracted-driving citation supports a negligence-per-se argument.
Comparative Negligence in Nebraska
Nebraska applies a modified comparative negligence rule. You can recover damages as long as your share of the fault is less than 50%, but your award is reduced by your percentage of responsibility. Insurance companies often try to shift some blame to the injured party ("you were going slightly over the limit" or "you should have seen them coming"). Early legal representation keeps that argument from going unchallenged.
Protect Your Rights
Call Rensch & Rensch Law at 402.498.4400
If a distracted driver injured you or someone you love, you may be entitled to compensation for:
- Medical expenses (past and future)
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress and disfigurement
- Property damage
- Loss of consortium for your spouse and family
Our legal services are built around your convenience, including the contingency fee basis for our work. You owe no attorney fees unless we win your case.
Contact Rensch & Rensch Law
If you were hit by a distracted driver, do not wait to learn your rights. Contact our skilled Omaha distracted-driving accident attorneys today to schedule your free consultation. Call: 402.498.4400. We respond promptly to e-mails and overnight messages at any hour, day or night, seven days a week. You can also fill out the form below and we will be in touch.
Frequently Asked Questions: Omaha Distracted Driving Claims
How much does it cost to hire Rensch & Rensch Law?
There is no up-front cost. We handle personal injury cases on a contingency-fee basis. You owe no attorney fees unless we recover compensation for you. Your initial consultation is always free, whether by phone, video, or in person at our Omaha or Columbus offices.
How do you prove the other driver was distracted?
The strongest evidence is independent: cell carrier records showing texts or calls at the moment of impact, vehicle event-data recorder data showing no braking before the crash, dashcam or business surveillance video, and witness statements. We send preservation letters within days because phone records and video are often deleted on routine retention schedules.
The driver was not ticketed for distracted driving. Can I still bring a claim?
Yes. A citation is helpful but not required. Civil liability is decided by a different standard than a traffic ticket: we only need to show, more likely than not, that the driver was inattentive and that the inattention caused the crash. Most distracted-driving civil cases are won without a citation.
What does Nebraska law say about phone use while driving?
Nebraska prohibits texting while driving for all drivers and bans all handheld phone use by drivers under 18. Violation is a primary offense, meaning an officer can stop you for it alone. A documented violation at the scene of a crash strongly supports a negligence finding in the civil case.
Can I still recover if I was partly at fault for the accident?
Yes, often. Nebraska follows a modified comparative-fault rule: you can recover damages as long as your share of the fault is less than 50%, but your award is reduced by your percentage of responsibility. An experienced Omaha personal injury lawyer can push back against inflated fault arguments from the other side.
Do I have to go to court if I file a personal injury claim?
Most personal injury claims in Nebraska settle before trial, because the insurer weighs the cost of litigation against a fair settlement. If the insurer refuses to negotiate in good faith, Rensch & Rensch Law is prepared to file suit. Our attorneys have participated in more than 100 jury trials, so insurers know our cases are trial-ready.
What clients say
60+ 5-star Google reviews
Worked with Chase primarily on my case but had Nate helping out too. Very kind people and very patient, don’t be afraid to ask them questions… i asked a million and more and always got a good response.
I worked with Chase for a car accident. He got me a really good amount for my settlement. He walked me through everything step-by-step. Definitely recommend Chase and his team for any Accidents :)
I've dealt with numerous lawyers in my life. I have referred people to lawyers I thought would do a good job. It seems like every time my friends/colleagues would report back that they had a negative experience. I started to wonder if I am just a bad judge of character, especially with regards to lawyers. That was until I met Sean and Dick Rensch. Personal injury law is way more complicated than I ever thought. These guys are pros and I feel lucky to have found them. Thanks for the chance to leave this review.
My mom was hit by a car and we were overwhelmed. Sean Rensch put us at ease immediately. He handled all medical bills, insurance, and secured a fair settlement so we could focus on her recovery. Professional, compassionate, and highly effective. Highly recommend Sean Rensch of Rensch and Rensch. Thank you, Sean!
I would highly recommend Chase Murphy if you have been in an accident. He is very kind and caring and will get you the best result from the insurance carriers involved.
So glad to give this review. I’ve been around lawyers my entire career videotaping depositions in Nebraska. When I got into a car crash recently, I did not hesitate to contact Rensch & Rensch Law. I’ve seen Dick and Sean in trial and in many depositions. This is the best injury firm in Nebraska. My case ended up being handled primarily by Rensch & Rensch attorney, Mitch Kohl (who I learned is a doctor and a lawyer!!!). Dr. Kohl did an excellent job for me. Clearly he fits in well with Sean and Dick. I need to thank them all, including paralegal Carley Adams. I’m so happy with how this case turned out. Thanks. John MacKnight
Sean Rensch, Nate and his team were so helpful, professional, always answered my phone calls or texts and always calmed me down when I was getting frustrated with how Workman's Comp was treating me. Sean and Nate told me from the beginning that it would be a LONG Process and it was, But they made it go smoothly and kept reassuring me that everything was going as they planned. It is in the pasted now, we Won my case and now I feel that I have made Life long Friends with Sean and Nate.
I was very pleased with the experience of working with Chase and Nate on my case, they were thorough, caring, and did everything they could to get the best outcome. I am very happy with how everything turned out! If you want to work with a lawyer who is truly caring about YOU and not just doing a job, please go see them. ALL of them at Rensch and Rensch are amazing and you won’t be disappointed!
I can’t thank this legal team enough for their incredible support. They communicated with me clearly and consistently throughout the entire process, making a difficult situation much easier to navigate. Chase and Nate truly went above and beyond checking in on how I was doing after the incident and even celebrating the small wins along the way. They were professional and compassionate. I’m so thankful for their help and highly recommend this team to anyone in need of legal representation.
I am so thankful to have found this law office on the internet! I had a few car accidents and even though this was a horrible experience to be in, Sean made this process and painless as possible. Thank you for all your help and support I will forever be thankful!
These guys were the upmost professional when I hired them. Were 100 percent of the time. Answered questions if I had them let me know how things were going. Gave me advice. Told me things might take long. It did and they were always there. I would hire them agian in a heartbeat.
I lost count on how many times I’ve recommended this team to people. They really know how to treat you like family; I don’t think any other firm would fight tooth and nail for my wife and I quite like Chase did. Eternally grateful for Rensch & Rensch Law.
I was injured in a car accident. A close family friend referred me to Rensch & Rensch. I am grateful to have had such a knowledgeable and empathetic team on my side. Nate, Chase, and Sean really went above and beyond showing up for my case. They made sure I understood every step and decision. I could not recommend them more.
I would recommend R&R a million times over if I could. Chase was so kind and patient with us, and he showed my wife and I nothing but compassion. He treated us like people, not just a case number or a paycheck. If you’re looking for a lawyer who actually cares about what they’re doing and want nothing but the best for their clients, this is absolutely the place to go. Thank you for everything Chase.
Results That Matter
Every case is unique and past results do not guarantee future outcomes, but the firm’s track record shows what is possible when the facts support full recovery.
- $6 Million+ Complex Federal Court Claim Settlement during litigation of a complex personal injury claim in United States District Court.
- $3.5 Million Wrongful Death Confidential settlement for a newly-married widow in a difficult wrongful-death case against a national-company defendant with extensive defense resources.
- $3.18 Million Complex Negligence Settlement of a complex negligence claim just before trial.
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