Is a drunk driver automatically at fault in a car accident in Nebraska?

Omaha, NE – Nebraska has very strict DUI laws, and a drunk driver risks going to jail if they are caught with a blood alcohol concentration (BAC) of .08 or higher, even if they don’t cause an accident. Many people would assume that a drunk driver who is involved in a traffic accident would automatically be liable for damages, but this is not always the case. The fact that the driver’s abilities are impaired by alcohol (or drug) consumption does make them more likely to commit an error and cause a crash. However, the victim of such a crash will still have to prove that the drunk driver caused the crash.

A driver with a high BAC may face criminal charges, but the victim cannot recover damages from that trial. If you sustain severe injuries, you should talk to an experienced Nebraska accident lawyer to see what your legal options are. 

How is fault determined in a car accident in Nebraska?

Nebraska is an at-fault state so you will have to file a personal injury claim against the drunk driver’s insurance. The insurance adjuster in charge of your case will examine the police report if you may be somewhat to blame for the crash. This is very important because Nebraska uses a modified comparative negligence rule. If your percentage of the blame is considered equal to or higher than the other driver’s, you may lose the right to recover any damages. 

As an example, if you were speeding on the highway and the drunk driver crashed into you, the insurance adjuster will argue that you were partially to blame. Being over the speed limit is a traffic rule violation, after all. If the circumstances of the accident are unclear, better get a lawyer before meeting with the insurance adjuster.

When should you sue a drunk driver in Nebraska?

If the other driver’s insurance doesn’t cover your damages or if he doesn’t have insurance, your Nebraska personal injury lawyers will probably advise you to sue the guy. Before you do that, your lawyers will look into the drunk driver’s financial situation to see whether they have the means to pay damages. 

Nebraska also has a Dram Shop law that allows accident victims to sue the establishment or social host that provided alcohol to the driver. However, this only applies to accidents caused by drivers under the age of 21. Since it is illegal for minors to buy alcohol in the state, the vendor may be sued for the damages the intoxicated driver caused. In Nebraska, minors can be charged with DUI if their BAC is .02 or higher.

In Nebraska, the statute of limitations for personal injury lawsuits is 4 years from the date of the accident, but you should not wait too much before starting legal proceedings. Keep in mind that your lawyers may want to conduct their own investigation into the crash. Then, negotiations with the insurance company can drag on for months, so it’s not like you have all the time in the world to file a lawsuit. 

If you were recently injured in a DUI accident in Nebraska, schedule a free consultation with a knowledgeable attorney at the Rensch & Rensch Law firm, with offices in Omaha and Columbus. Their attorneys work on a contingency fee basis, so you don’t owe them anything unless they win your case.

Contact info: 

Rensch & Rensch Law

Toll-free: 800-471-4100 

Omaha office:

7602 Pacific St #102, Omaha, NE 68114

Columbus office:

1470 25th Ave, Columbus, NE 68601

 https://www.renschandrensch.com/