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DUI Drivers and Motorcycle Accidents in Omaha: What Victims Need to Know

By Jason Bottlinger on September 16, 2025

A peaceful ride through Omaha on a motorcycle can turn tragic in an instant when a drunk driver enters the picture. Motorcyclists are especially vulnerable in these collisions, often suffering severe, life-altering injuries.

In Nebraska, when a motorcycle accident is caused by DUI, the law provides victims a path to justice, but the process is not always straightforward.

At Bottlinger Law L.L.C., we help injured motorcyclists recover physically, emotionally, and financially after a DUI motorcycle accident in Omaha. In this article, we explore the scope of Nebraska DUI law, local crash data, and the legal remedies available to motorcycle riders harmed by impaired drivers.

Nebraska DUI Law: Understanding the Legal Foundation

Nebraska law takes impaired driving seriously. Under Neb. Rev. Stat. § 60-6,196, it is illegal to operate a motor vehicle with a Blood Alcohol Concentration (BAC) of 0.08% or higher. This limit drops to 0.04% for commercial drivers and 0.02% for drivers under the age of 21. However, a driver can still be charged with DUI even if their BAC is below these thresholds, if their behavior shows clear signs of impairment.

Key penalties for DUI in Nebraska include:

• First offense: Up to 60 days in jail, fines, and a six-month license suspension
• Second offense: Up to six months in jail, increased fines, and license revocation
• Subsequent offenses or those involving injury or death: Felony charges, extensive prison time, and permanent license revocation

These criminal penalties, however, do little to help motorcycle victims who face years of medical treatment, rehabilitation, or loss of income. That’s where civil law steps in.

DUI Motorcycle Crashes in Omaha

Motorcycle accidents caused by drunk drivers are tragically common in Nebraska, particularly in urban areas like Omaha. According to the Nebraska Department of Transportation (NDOT) and the Nebraska DMV:

• Over 1,400 DUI crashes were reported statewide in 2023.
• Of these, approximately 18% involved motorcycles.
• In Douglas County alone, DUI-related motorcycle collisions accounted for nearly one in four serious motorcycle crashes.
• Most DUI motorcycle crashes in Nebraska occur during weekends and late-night hours, especially in warmer months.

These numbers paint a sobering picture: Motorcyclists have little room for error, and the risk of catastrophic injury multiplies when alcohol is involved.

Your Right to Seek Compensation

Victims of a motorcycle accident caused by a DUI in Nebraska have the right to pursue compensation through a civil personal injury claim. This is a distinct legal process from the driver’s criminal DUI case.

Step-by-Step: Filing a Civil Claim Against a Drunk Driver

1. Consult with an Attorney: Reach out to an experienced Omaha motorcycle injury lawyer as soon as possible. They will evaluate your case, protect your rights, and begin investigating.
2. Gather Evidence: Evidence may include police reports confirming DUI, breathalyzer results, field sobriety test outcomes, medical records, witness statements, and surveillance or dashcam footage.
3. Prove Negligence: Your attorney must prove that the driver was impaired and that their impairment directly caused the accident and your injuries.
4. Calculate Damages: Claims typically include:
   • Medical expenses (hospital stays, surgeries, ongoing treatment)
   • Lost wages and loss of future earning potential
   • Pain and suffering and emotional trauma
   • Property damage to the motorcycle and gear

This type of lawsuit falls under the umbrella of DUI personal injury claims in Omaha, and it seeks to hold the impaired driver financially accountable.

Seeking Punitive Damages in Nebraska?

While Nebraska generally does not permit punitive damages in most personal injury cases, there are exceptions—and DUI cases may qualify.

Courts may allow punitive damages if the driver’s behavior was especially reckless or malicious. For example, driving at excessive speeds while intoxicated, attempting to flee the scene, or having prior DUI convictions can elevate a case to one that justifies punitive action.

Punitive damages go beyond compensating the victim. They are meant to punish the offender and deter similar conduct in the future. A seasoned Omaha personal injury attorney can help determine if your case may qualify for this additional level of compensation.

How Insurance Comes Into Play

After a drunk driving motorcycle crash in Nebraska, insurance companies are quick to get involved. The impaired driver’s insurer will likely attempt to limit its liability or shift blame to the motorcyclist. This is especially problematic when injuries are severe and medical bills are mounting.

An experienced attorney can step in to handle these communications, ensure you are not taken advantage of, and fight for maximum victim compensation after a DUI crash.

Frequently Asked Questions

What if the driver was uninsured?

If the DUI driver was uninsured or underinsured, you may still be able to recover through your own motorcycle insurance policy under Uninsured/Underinsured Motorist (UM/UIM) coverage. Our firm can review your policy and help you access this critical benefit.

How long do I have to file a lawsuit in Nebraska?

The statute of limitations for filing a personal injury claim in Nebraska is four years from the date of the accident. However, waiting too long could jeopardize evidence and weaken your case. It’s best to contact a lawyer promptly.

Does a criminal conviction help my civil case?

Yes. A DUI conviction is compelling evidence of negligence in a civil case. However, even if the driver is not convicted in criminal court, you may still win compensation in a civil lawsuit because the burden of proof is lower.

Reasons to Choose Bottlinger Law L.L.C.

At Bottlinger Law L.L.C., we understand how overwhelming it is to deal with a motorcycle accident injury, especially when the crash was caused by someone else’s reckless choice to drive drunk. That’s why we take every step possible to protect your rights and fight for the recovery you deserve.

Founding attorney Jason Bottlinger has been practicing law since 2006 and is licensed in Nebraska, Iowa, and Texas. He is also a member of the Million and Multi-Million Dollar Advocates Forum and has been selected by Expertise.com as one of the Best Personal Injury Attorneys serving Omaha in 2024.

We offer a soft, client-focused approach so you’ll never feel pressured or left in the dark. Instead, you’ll receive clear answers, compassionate guidance, and a thorough case strategy designed for results.

Speak With Our Trusted Motorcycle Accident Attorney in Omaha

If you or a loved one has been injured in a drunk driving motorcycle crash in Nebraska, do not wait. The sooner you involve an experienced law firm, the better your chances of recovering fair and full compensation.

Call Bottlinger Law L.L.C. today at (402) 505-8234 to schedule your free consultation with our experienced Omaha motorcycle accident attorney.