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Drunk Driving Accidents

Omaha Drunk Driving Accident Attorneys

Suing Drunk Drivers for Causing Serious Crashes

Burnett Wilson Law can help you after you’ve been hit by a drunk driver in Omaha. We have the experience and insight needed to hold them 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-Hubble® for several attorneys – will reassure you that you can trust in our talents for your drunk driving accident case.


Call our drunk driving accident lawyers in Omaha at (402) 810-8611 or fill out an online contact form today.


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.

Is It Worth Suing a Drunk Driver?

It is always worth taking legal action against a drunk driver. The claim you file might be the only way you can get enough or any compensation from their auto insurance policy to cover your damages. Legal action against a drunk driver also might be the only thing that makes them realize the consequences of their mistakes so that they never do the same thing again.

Is the Drunk Driver Always at Fault?

Drunk drivers are not automatically at fault for the crashes that they are in. There is always a possibility that another driver did something to cause the accident, even though it might seem that the drunk driver must be to blame.

For example, if a drunk driver is rear-ended while waiting at a red light, then they would not be liable. Even if they were highly intoxicated, they still would not have done anything to have contributed to that crash. This is why it is so important to know how to back your claim with convincing evidence and an argument prepared by a professional attorney.

Nebraska Drunk Driving Laws

In Nebraska, it is illegal to drive while:

  • Under the influence of alcohol; or
  • With a blood alcohol concentration (BAC) of 0.08 or greater

If the police suspect that the other driver was intoxicated when they hit you, then that driver should be instructed to undergo BAC testing. Refusal to take a BAC test will immediately suspend their driver’s license, so most drivers will allow the BAC test to be administrated. Our attorneys know how to use the result of that test to benefit your case and prove that you were not liable for the accident.

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.


Injured in an Omaha auto accident? Fill out an online contact form or dial (402) 810-8611 as soon as you can to speak with an Omaha drunk driving accident lawyer.


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