Drunk Driving Accidents

Omaha Drunk Driving Accident Attorneys

Suing Drunk Drivers for Causing Serious Crashes

Burnett Legal Group can help you after you’ve been hit by a drunk driver in Omaha. Our Omaha drunk driving accident attorneys handle car accidents cases and personal injury claims with the experience and insight needed to hold the at-fault party liable through a professionally prepared and presented injury claim. Don’t just take our word for it, though. A look at our many awards and titles – including a BBB® accreditation for the firm and AV Preeminent® Ratings by Martindale-Hubbell® for several attorneys – will reassure you that you can trust in our talents for your drunk driving accident case.

If you were hit by a drunk driver in Omaha, contact Burnett Legal Group to discuss your legal options. Our Omaha drunk driving accident attorneys are ready to help you pursue compensation.

What Do You Do After a Drunk Driving Accident?

A drunk driving accident will not feel the same as a typical car accident due to the added criminal element. It can be overwhelming in the moment immediately after the impact, but it is important to keep yourself centered and paying attention. There are several things you should do after being hit by a drunk driver, which will help build your claim later.

After a drunk driving accident, you should:

Call the police: If someone has been hurt, vehicular debris has been strewn into the road, or you suspect that the other driver is drunk, then you need to call the police after your accident. Only the police can remove a drunk driver from the road, so your decision to involve the police in your accident could be what stops that driver from crashing into someone else later.
Take photographs: As with any crash, you need to take photographs after a drunk driving accident. The main difference is that you should be sure to include photographs of the driver if able. Intoxicated people will often display visible signs of intoxication, like an overly rosy complexion. If such signs can be seen in your pictures, then it could help prove that the driver was drunk.
Collect contact information: You need to know how to get into contact with everyone who was involved with the crash, witnessed it, or arrived to help. Importantly, you should note which police department responded to the accident because you will need their reports to better build your claim.
Go to the doctor: No matter how you feel after the crash, you need to take yourself to the doctor or go to urgent care with the paramedics if they think your injuries require immediate treatment. A doctor’s notes will reinforce when your injuries happened and what caused them.

How Can I Prove The Other Driver Was Intoxicated At The Time Of The Accident?

Proving the other driver was intoxicated during the accident is crucial for your case.

Below is a quick guide on how to gather essential evidence for your case:

Get the police report, which may include breathalyzer results, field sobriety testing notes, and the officer’s observations.
Use eyewitness statements describing erratic driving, slurred speech, the smell of alcohol, or other signs of impairment.
Secure video footage from traffic cameras, nearby businesses, dash cams, or other available sources.
Review medical records and toxicology reports that may show alcohol or drug impairment.
Request 911 recordings, body cam footage, dash cam video, and other law enforcement records before they are deleted.
Act quickly because some footage near I-80, Dodge Street, or the Old Market area may be recorded over in a short time.
Understand that a civil claim can still move forward even if the criminal DUI case is pending or ends in a lesser plea.
Review plea agreements, sentencing records, and probation terms to see whether they support the civil case.

A drunk driving accident attorney can help preserve evidence and build the claim.

Seeking Compensation for Drunk Driving Accident Victims In Omaha

A drunk driving accident can leave you with serious injuries, financial stress, and long-term disruption. A personal injury claim may help you recover compensation for the losses caused by the crash.

You may be able to recover compensation for:

Medical expenses
Lost wages
Pain and suffering
Property damage
Loss of quality of life

A drunk driving accident attorney in Omaha can help evaluate your case and pursue compensation from the responsible driver.

Common Injuries in Omaha Drunk Driving Crashes

Drunk driving crashes can cause serious physical and emotional injuries, some with long-term effects.

Common injuries include:

Broken bones
Torn ligaments
Neck injuries
Back injuries
Spinal injuries
Concussions
Traumatic brain injuries
Anxiety
Depression
Post-traumatic stress

Some injuries may not appear right away, so prompt medical care and documentation are important after the crash.

A drunk driving crash can leave you with serious injuries, medical bills, and time away from work. Speak with Burnett Legal Group to find out how an Omaha drunk driving accident lawyer can help.

Nebraska Drunk Driving Laws

Nebraska law prohibits driving while impaired by alcohol or while having a blood alcohol concentration (BAC) of 0.08 or higher. These laws can affect both the criminal case against the driver and the civil claim for compensation after a crash.

It is illegal to drive under the influence of alcohol.
It is illegal to drive with a BAC of 0.08 or greater.
If police suspect impairment, the driver may be asked to take BAC testing.
Refusing BAC testing can lead to an immediate driver’s license suspension.
Higher BAC levels, prior DUI convictions, or crashes involving serious injury or death can lead to harsher penalties.
Criminal DUI proceedings are separate from a civil injury claim.
Evidence from the DUI case may help support an Omaha drunk driving accident claim.
Criminal case timing does not control the deadline for filing a civil lawsuit.
A drunk driving accident attorney can help track deadlines and use DUI-related evidence in the civil case.

Seeking Compensation for Drunk Driving Accident Victims

A drunk driving accident can leave you with serious injuries, financial losses, and long-term disruption. A personal injury claim may allow you to recover compensation for the harm caused by the crash.

Medical expenses
Lost wages
Pain and suffering
Property damage
Loss of quality of life

A drunk driving accident attorney can review your case and help pursue compensation from the responsible driver.

Our Process for Handling Omaha Drunk Driving Claims

Most Omaha drunk driving claims follow a similar process from investigation through resolution. The case usually begins with a review of the crash, your injuries, the available evidence, and the insurance coverage involved.

After that, records, bills, and other evidence are gathered while your recovery is monitored. Once your damages are clearer, a settlement demand can be made, and if the insurer does not offer fair compensation, the case may move into a lawsuit in Nebraska court.

FAQs About Omaha Drunk Driving Accident Claims

How long do I have to file a drunk driving accident claim in Nebraska?

Nebraska law limits how long you have to file a personal injury lawsuit after a car accident. If you wait too long, you may lose the right to seek compensation, so it is important to speak with an attorney as soon as possible after the crash.

Can I still recover compensation if the drunk driver was uninsured?

Yes, in some cases. You may be able to seek compensation through your own uninsured or underinsured motorist coverage, depending on the terms of your policy and the facts of the crash.

What if the drunk driver is facing criminal charges?

You can still pursue a civil claim even if the criminal case is ongoing. The criminal case focuses on penalties against the driver, while your injury claim focuses on recovering compensation for your losses.

Can I sue a bar or restaurant for overserving the drunk driver?

Possibly. In some cases, a bar, restaurant, or other party may share liability if they served alcohol irresponsibly and that conduct contributed to the crash.

What damages can I recover after a drunk driving accident?

You may be able to recover compensation for medical bills, lost wages, pain and suffering, property damage, and other losses related to the accident. The amount depends on the severity of your injuries and the overall impact on your life.

Do I need a lawyer for a drunk driving accident claim?

You are not required to hire a lawyer, but legal representation can make a major difference. A drunk driving accident attorney can gather evidence, deal with insurers, protect your rights, and help pursue full compensation.

Is It Worth Suing a Drunk Driver?

In many cases, yes. A civil claim may be the best way to recover compensation for medical bills, lost income, future treatment, reduced earning capacity, and the long-term impact of your injuries.

Suing a drunk driver can also hold them financially accountable for the harm they caused. In serious Omaha drunk driving crashes, a lawsuit can help document the full extent of your losses and create a path to pursue fair compensation.

Is the Drunk Driver Always at Fault?

No. A drunk driver is not automatically at fault just because they were intoxicated. Fault depends on how the crash happened, and another driver may still be fully or partly responsible in some situations.

Nebraska follows comparative negligence rules, so more than one person can share fault for a collision. That is why police reports, witness statements, photos, video, and other evidence are important in showing whether the drunk driver caused the crash and how much responsibility each party may have.

Ready to Help You at a Moment’s Notice

When a driver causes a crash because they were intoxicated, they usually realize the next day that they could be in steep trouble with the law and their insurance company, so they move fast to defend themselves. If you wait too long to take legal action, you could inadvertently give them the benefit of initiative. Take charge of the situation by getting our drunk driving accident attorneys in Omaha in your corner right now.

Do not wait to get legal help after a serious crash caused by an impaired driver. Contact Burnett Legal Group today to speak with an Omaha drunk driving accident attorney.

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