When someone drives drunk, they put everyone on the road in extreme danger. If you or a loved one were hit and severely hurt by an impaired driver, you have the right to seek justice. The criminal court system will punish the driver for breaking the law, but that does not pay your medical bills or make up for your lost wages. To get the money you need to put your life back together, you need to file a personal injury claim in Omaha.
Hiring an experienced lawyer for a drunk driving accident in Omaha can help you get the money you need to pay for these unexpected bills. Insurance companies do not want to pay you what your case is truly worth. They will try to give you the lowest amount possible, even when their driver was drunk and careless.
DM Injury Law will stand up for your rights and fight for the justice and compensation you are owed. Contact us today for a FREE consultation to discuss your case. We have recovered over $1 billion for our clients. You pay NOTHING out of pocket or upfront when you hire DM Injury Law. Tell us your story today.
Call (314) 557-4659 or contact us online today for a free consultation.
Why Choose DM Injury Law for My Omaha Drunk Driving Accident Case?
You need a drunk driving accident lawyer in Omaha who is unafraid to stand up to insurance companies and get you the money you deserve. Insurance companies will try to pay you as little as possible, but we seek to get you the maximum compensation you deserve.
Here's what makes us different:
We've Secured Over $1 Billion for Clients
Over the years, we've secured over $1 billion for our clients, helping them rebuild their lives after terrible car accidents. We fight for maximum settlement checks because we know how much our clients need that financial support.
Here are a few cases we've handled involving drunk drivers:
Free Consultations
We believe you shouldn't have to worry about legal fees when seeking justice. That's why we offer FREE, no-obligation consultations. You can tell us your story and ask any questions you have, all at no cost to you.
No Fee Unless We Win
We understand you're worried about money right now, especially with medical bills piling up. We don't want to add to your stress. That's why we work on a contingency fee basis. This means you don't pay us anything out of pocket. If we don't win, you owe us nothing. There is no financial risk to you when you hire our firm.
A Large Team of Attorneys and Support Staff
When you choose to hire our law firm, you are getting a dedicated team of attorneys and a large support staff of investigators, medical record specialists, and case managers to help you with every single aspect of your case. We have the resources and the experience to handle the most devastating cases in Omaha.
How Nebraska DUI Laws Affect Your Claim
It is illegal to drive drunk in Nebraska. According to Nebraska Revised Statute 60-6,196 any driver who is 21 years old or older is considered legally impaired if their Blood Alcohol Concentration (BAC) is 0.08% or higher.
For commercial drivers, the limit is much lower at 0.04%, and for drivers under the age of 21, the limit is 0.02%. When a driver breaks these laws and causes a crash, they can face severe criminal penalties, including jail time, heavy fines, and the loss of their driver's license.
However, the criminal case against the drunk driver does not provide you with the money you need to heal. To get financial compensation for your medical treatments, hospital visits, and pain, you must file a separate civil lawsuit or insurance claim.
Nebraska Drunk Driving Statistics
According to the Nebraska Department of Transportation (NDOT) crash data reports, alcohol is a leading factor in serious and fatal crashes across the state. In 2023, there were 69 alcohol-related fatalities in car accidents.
An Omaha drunk driver accident attorney will use the evidence from the criminal investigation to strengthen your civil case. This includes police reports, breathalyzer test results, blood test results, and police dashcam video. All of this proof helps show the insurance company, or a jury, that the driver was acting recklessly and is entirely responsible for the harm you suffered.
Who Can Be Held Liable After a Drunk Driving Crash?
When a drunk driving wreck happens, the most obvious person at fault is the drunk driver. Their choice to drink and drive is the direct cause of the collision. Their auto insurance policy is usually the first place you will look to recover the money you are owed.
But sometimes, the drunk driver is not the only one responsible. In some situations, Nebraska law allows you to hold other parties accountable for the crash. This is known as Dram Shop liability.
Under Nebraska Revised Statute 53-404, the rules for Dram Shop liability are very specific and somewhat limited compared to other states. In Nebraska, a business like a bar, restaurant, or liquor store can generally only be held liable if they sold or provided alcohol to a minor (someone under 21 years old) or to someone who is legally incompetent, and that person then caused a crash. If a bar overserves an adult who is clearly already drunk, the bar usually cannot be held legally responsible for a crash that happens later.
Additionally, Nebraska does not typically have "social host" liability for adults. If someone throws a party at their house and an adult guest drinks too much and causes a wreck on the way home, the person who threw the party is usually not responsible. However, if the adult provides alcohol to minors at a house party, they could potentially face legal consequences.
Because finding all liable parties can be complicated, it is vital to have a knowledgeable attorney investigate the exact details of where the driver was drinking before the crash.
How an Attorney Can Help You Build Your Case
Dealing with the aftermath of a serious crash is overwhelming. While you focus on your physical recovery, a dedicated drunk driver accident attorney in Omaha can take the heavy burden off your shoulders.
Here is how an attorney can help you build your case:
- Handle All Communication with the Insurance Company: Insurance adjusters are trained to protect their company's profits, not your best interests. They may try to trick you into a statement that hurts your case or offer a fast, lowball settlement. We will manage all communication so you don't have to.
- Gather Crucial Evidence: We act quickly to secure evidence before it disappears. This includes obtaining police reports, interviewing witnesses, finding surveillance video, and working with medical experts to document the full extent of your injuries.
- Calculate the True Value of Your Case: Your legal team will determine the full compensation you deserve. This includes not just your current bills, but also future medical costs, lost wages, and pain and suffering.
- Fight for the Maximum Compensation You Deserve: If the insurance company refuses to offer a fair settlement, we are prepared to take your case to court. We will present your story to a judge and jury to seek the justice you need.
You deserve the help of a law firm with resources to get you the money you deserve. Contact DM Injury Law today for a free consultation.
Call (314) 557-4659 or contact us online today for a free consultation.
Common Injuries from Drunk Driving Crashes
Because drunk drivers often speed, fail to brake, or drive the wrong way down the road, the crashes they cause are usually severe. The victims of these crashes often require emergency surgery, long hospital stays, and months or even years of physical therapy.
Some of the most common and catastrophic injuries we see include:
- Broken and Crushed Bones
- Internal Organ Damage
- Emotional Trauma
Sadly, many drunk driving crashes result in fatal injuries. When a family loses a loved one because of a drunk driver, you deserve to hold that person accountable for changing your family's life.
Damages Available for Omaha Drunk Driving Accident Victims
If you are injured by a drunk driver, Nebraska law allows you to seek financial compensation. While no amount of money can truly fix the pain you have suffered, it can provide the financial stability you need to move forward and afford the best possible medical care.
- Economic Damages: This covers the actual financial costs of the crash. It includes your current hospital bills, surgery costs, physical therapy, and prescription medications. It also covers the wages you lost because you could not go to work, and the future income you will lose if your injuries prevent you from ever returning to your job.
- Non-Economic Damages: This provides money for the emotional cost of the crash. It includes payment for your pain and suffering, emotional distress, loss of enjoyment of life, and the mental anguish of living with a permanent disability or disfigurement.
- Wrongful Death Damages: If you lost a loved one in a drunk driving accident, you have the right to be paid for the costs of the funeral and burial, as well as the loss of that person's income. You can also be compensated for the emotional toll losing that person has caused you.
Omaha Drunk Driving Accident FAQs
How much time do I have to file a lawsuit in Nebraska?
In Nebraska, the law sets a strict time limit called the statute of limitations. For a personal injury claim, Neb. Rev. Stat. § 25-207 says you generally have four years from the date of the crash to file a lawsuit. If a loved one was killed, Neb. Rev. Stat. § 30-810 says you only have two years to file a claim.
What if the drunk driver is found not guilty in criminal court?
You can still win your civil case. The burden of proof in a civil case is much lower than in a criminal case. Even if the driver avoids a criminal conviction on a technicality, your lawyer can still present evidence in civil court to prove they were at fault for your injuries.
What if the drunk driver did not have auto insurance?
Unfortunately, drivers who break the law by drinking and driving sometimes also break the law by driving without insurance. If this happens, your attorney can help you file a claim under the uninsured motorist coverage of your own auto insurance policy to get the money you need.
Should I accept the settlement check the insurance company just offered me?
No. Never accept an initial offer or sign any paperwork without speaking to a lawyer first. Once you accept a settlement, your case is closed forever. If you discover you need another surgery six months later, you cannot ask them for more money.
Contact Our Omaha Drunk Driving Accident Attorney for a Free Consultation
If you or someone you love has been severely injured by a drunk or high driver in Omaha, Nebraska, do not wait another day to get the help you need. Contact DM Injury Law today for a FREE case evaluation. Remember, YOU PAY NOTHING out of pocket or upfront. We only get paid if we win.
Call (314) 557-4659 or contact us online today for a free consultation.