Omaha Negligent Driving Accident Lawyer
Car accidents happen every day and may be due to many different factors. Driver inattention or negligence is a leading cause of traffic crashes, responsible for approximately 80 percent of all collisions, according to the National Highway Traffic Safety Administration.
The Nebraska Department of Motor Vehicles defines a negligent driver as someone who is rash, heedless and dangerous. Negligent drivers who fail to use reasonable care and attentiveness while operating a vehicle could cause single or multiple vehicles crashes.
While drunk driving incidents have steadily decreased since the mid 1980’s, negligent driving has seen a sharp increase as more drivers in today’s fast-paced world choose to operate a vehicle while using electronic devices, while under stress or sleep deprivation.
If you or someone you know has been in a collision with a negligent driver, the victim may be entitled to compensation for injuries, medical expenses, property damage, lost wages and more. The auto accident attorneys at The Law Office of Thomas T. Inkelaar may be able to help them get the assistance they need to make a claim.
For more information, fill out the ‘FREE CASE REVIEW’ form located to your right and we will review your claim right away.
Negligent Driving Causes
If we consider that car crashes are the number-one cause of accidental death in the U.S., it is important to pay close attention to our own driving habits and the habits of those around you. Simple thoughtless activities can lead to a car crash and may be qualified as negligence since they were all preventable actions.
Other causes of negligent driving accidents may include:
- Sending Text(SMS) Messages
- Driving under the influence of drugs or alcohol
- Driving while tired
- Personal Grooming
- Using digital devices for directions
- Allowing passengers to distract you
- Mentally Drifting Off / Daydreaming
These are just some of the reasons why a driver may inadvertently lose focus on the road. The attorneys at The Law Office of Thomas Inkelaar are prepared to help you determine if you have a claim that may entitle you to legal compensation.
Types of Negligent Driving
While there can be a variety of events that contribute to negligent driving, there are some primary types of this driving act that are generally separated into the following categories:
- Operating a Vehicle While Intoxicated
This is common form of negligence and is also criminal.
- Operating a Vehicle While Drowsy
Delayed reflexes and a reduced capacity for critical thinking can both cause car accidents.
- Operating a Vehicle at an Unsafe Speed
Driving at an unsafe speed is another example of negligence. Because safe speeds are visibly posted, this is often a relatively straight-forward case of negligence.
- Operating a Vehicle in an Unsafe Manner
Frequently, an auto accident occurs as a result of the other driver demonstrating some unsafe action such as shifting lanes suddenly and without signaling or failing to yield and obey traffic signs and signals.
- Comparative vs. Contributory Negligence
Negligent drivers could be held legally liable for damages. Generally speaking, there are two types of negligence characterized under Nebraska Law: comparative and contributory negligence.
Comparative negligence has two approaches:
- Simple comparative negligence is when an injured party is able to recover selected damages, even if they are found at fault.
- Modified comparative negligence is when an injured person is not allowed to recover damages if they are more than 50% at fault for the accident.
When it comes to contributory negligence, the law can prevent an injured party from receiving any damages if they contributed at all to the accident.
If you were involved in Nebraska car accident, you should know that Nebraska follows the modified comparative negligence law, also known as the 50% rule.
Injuries Caused by Negligent Drivers
As many negligent drivers are simply unaware that they are about to collide with another vehicle, the forces that are generated at the point of impact can often have life-changing consequences for all parties involved.
With this in mind, some of the most common personal injuries include:
- Traumatic brain injury
- Spinal cord damage (herniated discs)
- Nerve damage
- Broken bones
- Internal injuries
- Facial disfigurement
- Head injuries
- Limb Amputation
… among many others.
As with any serious personal injury, it is vital that any injured party seek immediate medical care from a licensed medical practitioner.
Tips To Avoid Being A Negligent Driver
In Nebraska, texting while driving is banned for all drivers regardless of experience level and general cell phone use is banned for novice drivers.
Drivers should engage in safeguards while on the road in order to eliminate any distractions while they are operating a vehicle. Eliminating distractions is important in order to keep you, your passengers and fellow motorists safe.
Here are a few suggestions:
- Pulling off the road if you are feeling too tired to maintain focus
- Finishing all grooming before you start your drive
- Putting away all digital devices until you are safely parked and the vehicle is turned off
- Keeping all focus on driver and passenger safety
It’s very important to stay focused when behind the wheel – which includes being constantly aware of any other traffic that is traveling close to your vehicle. By driving in this type of defensive manner, you are often able to react more quickly to unexpected driving emergencies.
Need Help? Contact Our Omaha Accident Attorneys Today
If you have been involved in a motor vehicle accident in Nebraska and believe that the other party’s negligence led to injuries or property damage, you should contact an injury lawyer who will explore your case to determine if negligence played a part in your accident and if you are eligible for compensation.
The Law Office of Thomas T. Inkelaar provides premium-quality, powerful litigation of personal injury and car accident cases. Our accomplished Omaha-based Lincoln personal injury lawyers are well versed in Nebraska injury law and can help to fight for the fair settlement of your injury case.
Our principle office is located in Omaha, but we are proud to also serve the following areas:
- La Vista
- North Omaha
- most other surrounding areas
To learn more about your litigation options, contact us today at 1-877-537-4665. We have intake staff ready to take your call and after some initial questions about the nature of your call, you will be quickly connected to one of our skilled attorneys.
Alternatively, simply fill out the “Free Case Evaluation” form located at the top of this page. It’s strictly confidential and 100% FREE.