Authorities are considering alcohol, speed and lack of seat belt use as factors in a crash near Omaha where two young people died and three others were hurt when a 2008 Saturn Aura traveling east on Dewey Avenue left the road as it approached 37th Street and collided with a tree and a retaining wall. Two of the ejected occupants were pronounced dead at the scene, according to police.
Criminal case impacts civil outcomes.
Driving Under the Influence is a very serious offense in the State of Nebraska and a driver can typically expect to pay high fines, serve jail time, receive a driver’s license suspension, and be required to complete an alcohol treatment program. Negligence may be easier to prove because the driver was drinking and driving recklessly, which are criminal charges in the State of Nebraska, and will directly impact the civil suit or suits for the wrongful deaths of the passengers involved in this car accident
Nebraska has two types of “reckless driving”: 1) standard reckless driving and 2) “willful” reckless driving.” Standard reckless driving involves operating a vehicle with “an indifferent or wanton disregard for the safety of persons or property.” and willful reckless driving is defined as driving in a manner that indicates a “willful” disregard for the safety of persons or property as in the case of driving under the influence.
Nebraska DUI law.
(1) It shall be unlawful for any person to operate or be in the actual physical control of any motor vehicle: (a) While under the influence of alcoholic liquor or of any drug; (b) When such person has a concentration of eight-hundredths of one gram or more by weight of alcohol per one hundred milliliters of his or her blood; or (c) When such person has a concentration of eight-hundredths of one gram or more by weight of alcohol per two hundred ten liters of his or her breath.
(2) Any person who operates or is in the actual physical control of any motor vehicle while in a condition described in subsection (1) of this section shall be guilty of a crime and upon conviction punished as provided in sections 60-6,197.02 to 60-6,197.08.
Wrongful death civil case.
A wrongful death case can ensue when a driver causes death to a passenger when drinking and reckless driving were involved. A wrongful death claim is a civil lawsuit and should be filed by the personal representative or surviving family member for monetary damages with the assistance of legal counsel. A wrongful death claim may be filed against the estate of a person whose wrongful act, neglect, or default caused death, if that individual has also passed away.
Damages that may be recovered include:
Nebraska does not allow family members to seek damages for their own pain and suffering.
Seek legal counsel.
A personal injury attorney can assist with questions and filing legal documents for a wrongful death action after a car accident. Call an Rensch & Rensch Law Firm in Omaha Nebraska for assistance.
Rensch & Rensch Law
7602 Pacific Street, Suite 102
Omaha, NE 68114
Toll Free: 800-471-4100