Drunk Driving Victim Attorney in Nebraska
When a drunk driver injures you in Nebraska, you may have rights in both the criminal and civil legal systems. The state may bring criminal charges against the driver, while you can separately pursue a personal injury or wrongful death claim for the harm caused by the crash.
How Civil Claims Differ From Criminal Cases in Nebraska
Many people injured in DUI crashes believe they must wait for the criminal case to end before seeking compensation. Criminal and civil cases are separate proceedings with different parties, legal standards, and outcomes.
In a criminal case, the State of Nebraska prosecutes the driver for violating Nebraska Revised Statute section 60-6,196. The State controls the case and seeks criminal penalties. You may be a witness, but you are not the person bringing the charges.
In a civil case, you may seek payment for medical bills, lost income, pain and suffering, and other losses. You do not need to wait for an arrest, conviction, or guilty plea before pursuing a civil claim.
What Evidence From the Criminal Case Can Help Your Civil Claim
A DUI investigation may produce evidence that helps support a civil injury claim. The officer's report may include the driver's blood alcohol level, signs of impairment, statements, and details about how the crash happened.
Field sobriety test results, blood or breath test results, and dash-camera or body-camera footage may also be useful. Depending on who investigated the crash, these records may be available from the Omaha Police Department, the Nebraska State Patrol, or another law enforcement agency.
A conviction or guilty plea may sometimes be used in a civil case. Whether it can be used depends on the facts and Nebraska's rules of evidence. A no-contest plea generally cannot be used against the driver as proof of liability.
A civil claim may still move forward if the criminal charge is dismissed or the driver is not convicted. Civil cases use a lower burden of proof than criminal cases. The evidence must show that a fact is more likely true than not.
Dram Shop Liability in Nebraska
Nebraska’s dram shop law, Nebraska Revised Statute section 53-404, may apply when a driver under 21 becomes intoxicated and causes a crash. An injured person may have a separate claim against the person or business that supplied the alcohol.
Depending on the facts, the claim may involve a bar, restaurant, liquor retailer, social host, or another individual. A social host may be liable for allowing underage drinking on property under the host’s control. Liability may also apply to someone who provided alcohol while knowing or having reason to know the person was under 21.
However, the law generally does not allow the same type of claim when the drunk driver is 21 or older.
Receipts, surveillance footage, and statements from people who were present may help identify who supplied the alcohol. A
Nebraska drunk driving accident lawyer can review this evidence and determine whether the facts support a separate claim.
How Comparative Negligence Affects DUI Victim Claims in Nebraska
Nebraska’s modified comparative negligence law under Nebraska Revised Statute section 25-21,185.09 applies even when the other driver was intoxicated.
You cannot recover damages if your share of negligence is equal to or greater than the combined negligence of the people from whom you seek payment. If your share is lower, your award is reduced by that percentage.
For example, if the court finds you 20% responsible for the crash, you may recover 80% of your proven damages.
The defense may claim that you were speeding, distracted, or driving carelessly. The other driver’s intoxication does not automatically prevent the defense from raising these arguments.
When fault is disputed, photographs, video footage, statements from people who saw the crash, and the officer’s report may help establish what happened. An event data recorder may provide more details, but the information it stores can be lost if it is not preserved quickly.
Why Prompt Action Matters in DUI Injury Cases and Wrongful Death Cases
Nebraska’s general deadline for personal injury claims is four years under Nebraska Revised Statute section 25-207. Wrongful death claims generally must be filed within two years of the date of death under section 30-810.
Although these deadlines may seem far away, evidence can disappear much sooner. A vehicle may be repaired, security footage may be erased, and people may forget important details as time passes.
When a drunk driving crash results in death, a
Nebraska wrongful death attorney can investigate the civil claim while the criminal case proceeds. A lawyer can also request available footage, vehicle data, and other records before they are lost or destroyed.
FAQ: Civil DUI Injury Claims in Nebraska
Do I have to wait for the criminal trial to file a civil claim?
No. Criminal and civil cases are separate. You may pursue a civil injury claim without waiting for the criminal case to end.
What if the drunk driver's insurance denies my claim?
An attorney can address the reason for the denial, identify other available coverage, including your uninsured or underinsured motorist policy, and file a lawsuit in the appropriate Nebraska court if necessary.
Can I recover punitive damages from a drunk driver in Nebraska?
Generally, no. Nebraska does not allow punitive damages in state-law civil cases. You may still seek compensatory damages for medical bills, lost income, pain and suffering, and other losses.
What if the drunk driver had no insurance or minimal coverage?
Your uninsured or underinsured motorist coverage may apply. If the drunk driver was a minor, a claim under Neb. Rev. Stat. § 53-404 may provide another possible source of recovery when the law’s requirements are met.
Can I bring a claim if the drunk driver was charged but not yet convicted?
Yes. A civil claim may continue even if the criminal case is still pending or does not result in a conviction. The burden of proof is lower in a civil case than in a criminal case.
Speak With a Drunk Driving Victim Attorney in Nebraska
If you were injured or lost a loved one in a drunk driving crash in Nebraska, Harris & Associates, P.C., L.L.O. can help you understand your legal options and the claims that may be available. Call (402) 397-1202 to schedule a free consultation with a Nebraska drunk driving victim attorney.
Last reviewed: September 2026
This post was reviewed by James E. Harris, licensed in Nebraska since 1986.
Content is provided for informational purposes only and does not constitute legal advice. Consult a licensed Nebraska attorney for guidance specific to your situation.
| Claim Type | Against Whom | What Must Be Shown |
|---|---|---|
| Personal injury claim | Drunk driver | The driver caused the crash and the resulting injuries |
| Dram shop claim | Social host or another alcohol provider | The provider supplied alcohol to a minor whose intoxication led to the crash |
| Wrongful death claim | Driver and, in limited cases, the alcohol provider | The drunk driving crash caused another person’s death |
| Uninsured/underinsured motorist claim | Your own insurer | The at-fault driver had no insurance or not enough coverage to pay for the losses. |
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