Everything You Need to Know About Nebraska’s Hands-Free Driving Law

Nebraska currently does not have a comprehensive hands-free driving law, making it one of only five states without such legislation. However, lawmakers have been pushing for stricter regulations as distracted driving continues to be a primary safety concern on state roads. Understanding Nebraska’s current texting and driving laws is crucial for every driver to avoid penalties and keep roads safe.

Knowles Law Firm has been helping Nebraska accident victims for 55 years, and we see firsthand how distracted driving accidents devastate families. Our experienced team helps you understand your legal rights if you’ve been injured by a distracted driver.

Nebraska’s Current Distracted Driving Laws

While Nebraska lacks a full hands-free law, the state does prohibit texting while driving under specific circumstances. Current law makes it illegal to use a handheld wireless communication device to read, type, or send written communications while operating a moving vehicle. This includes text messages, emails, instant messages, and accessing websites.

The law applies when your vehicle is in motion or temporarily stopped due to traffic, stop signs, or traffic lights. You must be fully parked off the roadway to legally text or use your phone for written communications. Violating this law carries fines ranging from $200 to $500 and adds three points to your driving record.

What Devices Are Covered

Nebraska’s texting ban covers any handheld wireless communication device used for written communication. This includes cell phones, tablets, personal digital assistants, laptops, and pagers. The law does not prohibit hands-free devices, GPS systems, or devices permanently installed in your vehicle.

Commercial drivers and school bus operators face stricter restrictions. They cannot use any handheld communication devices while driving, including making phone calls, except in emergencies or when using hands-free technology with single-button operation.

Important Exceptions to Know

Several exceptions exist under Nebraska’s texting law. Emergency personnel, including police officers, firefighters, and medical professionals, may use devices while performing official duties. Drivers may also use devices in genuine emergency situations.

The law permits using devices for GPS navigation and making hands-free calls that require pressing only one button to initiate or answer. However, manually entering addresses or scrolling through contacts while driving remains prohibited.

Secondary vs. Primary Enforcement

Currently, Nebraska treats texting while driving as a secondary offense. This means law enforcement cannot pull you over solely for texting. Officers can only cite you for device use if they stop you for another traffic violation first, such as speeding or running a red light.

This limitation makes enforcement challenging and may contribute to continued unsafe driving behaviors. Traffic accidents continue to claim hundreds of lives annually in Nebraska, with distracted driving playing a significant role.

Proposed Hands-Free Legislation

Nebraska lawmakers have recently proposed legislation to strengthen distracted driving laws. LB594, introduced in the 2025 legislative session, would prohibit holding or using any handheld device while driving and make violations a primary offense.

Under this proposed law, officers could stop drivers simply for using phones while driving. The legislation aims to reduce Nebraska’s high rate of distracted driving, which exceeds the national average. Similar laws in other states have decreased distracted driving incidents by approximately 6% to 19%.

Penalties and Consequences

Current penalties for texting while driving include fines between $200 and $500 plus three points on your driving record. Accumulating too many points results in license suspension or revocation.

If distracted driving causes an accident, the consequences become much more severe. Drivers may face criminal charges ranging from reckless driving to vehicular manslaughter, depending on the severity of injuries or fatalities. Additionally, at-fault drivers bear civil liability for all victims’ damages, including medical bills, lost wages, and pain and suffering.

Protecting Yourself and Others

The safest approach is to avoid all phone use while driving, even when it is currently legal. Consider putting your phone in airplane mode or using do-not-disturb features while driving. If you must use your phone, pull over safely and park completely off the roadway.

Technology solutions can help too. Set up hands-free systems, use voice-to-text features, or have passengers handle communications. Remember, no text or call is worth risking lives or facing the devastating consequences of a serious accident.

Nebraska recorded 251 traffic fatalities in 2024, highlighting the urgent need for safer driving practices. Car accident injuries can change lives forever, affecting not just victims but entire families.

Contact Knowles Law Firm for Legal Help

If you’ve been injured in an accident involving a distracted driver, the experienced attorneys at Knowles Law Firm can help protect your rights. As a family-owned firm serving Nebraska for 55 years, we have obtained multi-million dollar settlements for our clients and understand how to hold negligent drivers accountable.

We work diligently to investigate accidents thoroughly, using phone records and other evidence to prove distraction played a role. Our attorneys answer their own phones, return calls promptly, and provide personal cell phone numbers so you can reach us whenever needed. Call us today at (402) 431-9000 or contact us online for a free consultation about your case.