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

Nebraska’s distracted driving laws are among the most debated in the country. The state prohibits texting while driving under Neb. Rev. Stat. § 60-6,179.01, but as of 2026, Nebraska remains one of a small number of states without a comprehensive hands-free driving law. This means that while reading, typing, or sending written communications on a handheld device while driving is illegal, Nebraska drivers can still legally make handheld phone calls — though this may change as the state legislature continues to consider stricter primary enforcement measures.

Knowles Law Firm has been helping Nebraska accident victims for 55 years, and we see firsthand how distracted driving accidents devastate families. If you were injured by a distracted driver, understanding Nebraska’s current law is essential to your claim.

What Nebraska’s Current Distracted Driving Law Covers

Under Neb. Rev. Stat. § 60-6,179.01, no person may use a handheld wireless communication device to read, manually type, or send a written communication while operating a moving motor vehicle or one temporarily stopped for traffic, at a stop sign, or at a red light. The prohibition covers text messages, emails, instant messages, and browsing the internet. You must be fully parked off the roadway to legally use your phone for written communications.

Violations carry a fine of $200 to $500 and add three points to the driver’s record. Accumulating 12 points within two years triggers automatic license revocation under Nebraska’s point system.

What Devices Are Covered

Nebraska’s texting ban covers any handheld wireless communication device used for written communication, including cell phones, tablets, personal digital assistants, laptops, and pagers. The law does not prohibit hands-free devices, GPS systems, or devices permanently installed in the vehicle. Commercial drivers and school bus operators face stricter federal and state restrictions and cannot use handheld devices at all while driving, except in genuine emergencies or using single-button hands-free technology.

Exceptions Under the Current Law

Emergency personnel including police officers, firefighters, and medical professionals may use handheld devices while performing official duties. Drivers may use devices in genuine emergency situations. Single-button initiation of a hands-free call is permitted, but manually entering a number or scrolling contacts while driving is not. GPS navigation is permitted as long as addresses are not manually entered while the vehicle is in motion.

Secondary Enforcement: What It Means for Nebraska Drivers

Nebraska currently treats handheld device violations as a secondary enforcement offense. This means a law enforcement officer cannot pull you over solely because you are texting while driving — they may only cite you for the device violation if they stop you for a separate, primary traffic violation such as speeding, failure to signal, or running a red light.

Secondary enforcement creates a significant gap in deterrence. A driver actively texting in traffic faces no immediate enforcement risk unless they also commit another violation. Nebraska’s crash data reflects this gap — traffic accidents involving distracted driving have increased in Nebraska despite the existing texting ban, and the state’s distracted driving rate exceeds the national average.

Proposed Legislation: Moving Toward Primary Enforcement

Nebraska lawmakers have introduced multiple bills to strengthen distracted driving enforcement. LB594, introduced in the 2025 legislative session, would prohibit drivers from physically holding or supporting a handheld device while operating a moving vehicle — going beyond the texting-only ban to restrict all handheld use. The bill would also make violations a primary offense, meaning officers could stop drivers solely for phone use.

As of 2026, similar legislation continues to advance in the Nebraska Legislature, backed by the Nebraska Department of Transportation, law enforcement agencies, and safety advocates. Nebraska NDOT Director Vicki Kramer has noted that states implementing hands-free laws see distracted driving incidents decrease by approximately 6 to 19 percent. The movement toward primary enforcement reflects growing recognition that secondary-only enforcement is insufficient to change driver behavior.

Until a hands-free law passes and takes effect, Nebraska’s current texting-while-driving prohibition remains the operative law — secondary enforcement, $200 to $500 fines, and three points per violation.

How Distracted Driving Affects Accident Liability in Nebraska

Whether Nebraska’s enforcement mechanism is primary or secondary has no bearing on civil liability. A driver who was texting at the time of a crash was negligent — period. Evidence of handheld device use at the time of an accident can be obtained through cell phone records subpoenaed in litigation. If a driver was violating Nebraska’s texting law when the accident occurred, that violation is direct evidence of negligence.

Nebraska follows a modified comparative negligence standard. As long as an injured victim’s share of fault is less than 50 percent, they can recover compensation reduced proportionally by their percentage of fault. At-fault distracted drivers bear civil liability for the full range of damages their victims suffer — medical expenses, lost wages, pain and suffering, and reduced quality of life.

Proving a Driver Was Distracted at the Time of Your Accident

Cell phone records are the most direct evidence of distracted driving. Attorneys can subpoena call and data logs showing whether a phone was in active use at the time of a crash. Text message timestamps, app activity, and data transmission logs can establish that a driver was on their phone in the moments leading up to impact. Other evidence includes witness statements from people who observed the driver looking at a phone, dashcam footage, and police officer observations at the scene.

Time-sensitive evidence matters. Phone records are preserved through legal holds, and witnesses’ memories are clearest shortly after an accident. Contacting an attorney promptly after a serious crash allows your legal team to take steps to preserve all available evidence of distraction.

Nebraska Distracted Driving Statistics

Nebraska recorded 251 traffic fatalities in 2024, and distracted driving plays a documented role in a significant percentage of Nebraska crashes each year. According to the Nebraska Department of Transportation, Nebraska drivers use handheld devices while driving at rates above the national average, and crashes attributed to distracted driving have increased in recent years despite the existing texting ban. These trends underscore the urgency of both legislative reform and civil accountability for distracted drivers who injure others.

If you have been injured in an accident involving a distracted driver, injuries from these crashes range from concussions and neck injuries to traumatic brain injuries and spinal cord damage — all of which can generate significant long-term medical costs that must be captured in your claim.

Frequently Asked Questions About Nebraska Distracted Driving Laws

Contact Knowles Law Firm If You Were Injured by a Distracted Driver

If you have been injured in a Nebraska accident involving a distracted driver, Knowles Law Firm can investigate the crash, subpoena cell phone records, and build a case holding the negligent driver accountable. The firm has secured multi-million dollar settlements for Nebraska accident victims over 55 years of practice and handles all cases on a contingency fee basis. Reach out through the contact form for a free consultation.