It is common to wonder, “Do motorcycles have the right of way?” after an accident with one.
In Nebraska, motorcyclists are subject to the same laws and regulations as all other vehicles on the road. This means that they do not have special privileges when it comes to having the right of way.
So, how does this affect a personal injury claim when an accident occurs, and how can road users protect their right to compensation?
At Berry Law, we aim to help every car or motorcycle accident survivor understand their legal rights and how best to exercise them to secure maximum compensation with the help of our motorcycle accident lawyers.
Do motorcycles have the right of way?
Motorcycles do not have special right-of-way privileges; they follow the same laws as other vehicles. However, they have the right of way in certain situations, such as when already in an intersection or merging onto a highway.
What Are The Right Of Way Laws In Nebraska?
In Nebraska, right-of-way laws protect all road users and dictate who has the first right to proceed in any traffic situation. These laws are designed to promote safe driving practices and prevent road accidents.
According to Nebraska Revised Statutes § 60-6,140, vehicles must yield the right of way to:
- Emergency vehicles, such as police cars, fire trucks, and ambulances
- Pedestrians crossing the road at a marked or unmarked crosswalk
- Vehicles already in an intersection or traffic circle
- Vehicles on the right when approaching a four-way stop sign at the same time
- Vehicles turning left must yield to oncoming traffic
Right of way is not an absolute concept. In other words, having the right of way does not automatically allow a vehicle to proceed without caution.
All drivers and motorcyclists must exercise reasonable care when on the roads, regardless of who has the right of way.
Furthermore, even if someone has the legal right of way, they can still be held liable for an accident if their actions were negligent or reckless.
This means that simply having the right of way does not absolve a driver or motorcyclist from responsibility in case of an accident.
What Accidents Are Caused By Right-Of-Way Violations?
Failure to yield the right of way can result in various types of accidents, including but not limited to:
- T-bone collisions at intersections
- Pedestrian accidents at crosswalks or intersections
- Side-swipe collisions caused when a vehicle changes lanes without yielding to another vehicle
- Rollover accidents that occur when a vehicle swerves to avoid another vehicle that fails to yield
- Head-on collisions when a motorcycle or car turns left without yielding to oncoming traffic
Causing an accident by failing to yield is a serious offense. It can lead to severe injuries, property damage, and even fatalities. These negligent actions can result in personal injury claims and legal consequences.
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When Does A Motorcycle Have The Right Of Way?
Though they have no special right of way privileges, there are multiple instances where the biker has legitimate right of way over other vehicles. These include:
- When the motorcyclist is already in an intersection or traffic circle
- When the motorcyclist is turning left and has a green arrow or advanced green light
- When merging onto a highway from an entrance ramp
Additionally, because motorcycles are allowed to take up the entire lane, other vehicles are required to give them enough space and not pass too closely.
This is especially important when there are poor weather conditions or heavy traffic, as motorcycles are more vulnerable to accidents in these situations.
How Do I Know If The Accident Was A Right Of Way Violation?
Determining liability in a motorcycle accident can be complex, especially when it comes to right-of-way violations.
Motorcycles’ small size and ability to maneuver quickly can make it difficult for other drivers to accurately judge whether they have the right of way.
While a motorcycle accident lawyer is invaluable in helping determine if injuries or damages sustained resulted from right-of-way violations, there are a few common scenarios that typically imply that is the case:
- A vehicle making an illegal left turn, causing a motorcycle to collide with them
- A driver failing to yield to a motorcyclist already in an intersection or traffic circle
- A car changing lanes without proper signaling and causing a motorcycle to swerve or crash
In any of these situations, the driver at fault can be held liable for the accident and may be required to compensate the motorcyclist for their injuries, damages, and other losses.
What Factors Affect Right Of Way?
Various factors can impact who has the right of way in a given situation or, conversely, make it confusing to understand who has the right of way. These factors may include:
- Traffic signals and signs: Stop signs, yield signs, and traffic lights can dictate who has the right of way in specific scenarios. When they are not functioning properly or are missing, it can lead to accidents.
- Speeding: A driver exceeding the speed limit may not have enough time to yield to another vehicle, resulting in a right-of-way violation. Speeding is a common cause of accidents and can make it difficult to determine liability.
- Road conditions: Poor weather conditions, construction zones, or uneven road surfaces can all impact a driver’s ability to yield the right of way safely. These factors should always be considered when determining who was at fault in an accident.
- Distracted driving: Any form of distracted driving, such as texting or changing the radio station, can result in a driver failing to yield the right of way. Like speeding, distracted driving is a common cause of accidents and usually makes the distracted party liable for any resulting damages.
These factors highlight the importance of not assuming fault in a right-of-way violation. What may initially feel like one party’s fault may actually be the result of another’s negligent or reckless actions.
For this reason, it is essential to contact a motorcycle accident attorney who can gather the evidence needed to support a claim for compensation from the at-fault party.
What Damages Can A Recover In A Right Of Way Accident?
Whether a motorcyclist or a car driver, anyone involved in an accident due to a right of way violation can potentially recover damages for their losses, including but not limited to:
- Medical expenses: This includes the cost of all medical treatment related to the accident, including hospital stays, surgery, medication, and ongoing therapy.
- Lost wages: If an injury from the accident causes the plaintiff to miss work or be unable to return to their job, they may be able to recover compensation for lost income.
- Property damage: Any property damaged in the accident, such as a motorcycle or vehicle, can also be included in a claim for damages.
- Pain and suffering: An individual can also seek compensation for physical pain and emotional trauma experienced as a result of the accident.
In addition, if someone is killed in a right-of-way accident, their surviving family members may be able to file a wrongful death claim and recover damages for funeral expenses, loss of financial support, and other related losses.
It is important to remember that every case is unique, and the damages awarded will depend on the specific circumstances of the accident.
Consulting with an experienced motorcycle accident lawyer can help determine what types of damages injured parties may be able to recover.
Do Motorcycles Have The Right Of Way FAQ
Are motorcycles always at fault in an accident?
As long as the motorcyclist was obeying all traffic laws, they are not automatically at fault in an accident. Furthermore, not seeing a motorcycle does not absolve other drivers of liability if they fail to yield the right of way.
Is lane splitting legal in Nebraska?
No, lane splitting is not legal in Nebraska. If a motorcyclist is found liable for an accident caused by lane splitting, the motorcyclist may be found liable. However, passing a vehicle does not automatically constitute lane splitting. Motorcyclists injured in this scenario may be able to recover damages if the driver fails to yield the right of way.
When should I contact a personal injury lawyer after a right-of-way motorcycle accident?
Contacting a personal injury lawyer as soon as possible after a right-of-way motorcycle accident is recommended. The sooner they can get to work gathering evidence, filing claims, and building a case, the better chance of success in recovering maximum compensation for damages.
Will a police report automatically determine fault in a right-of-way accident?
No, police reports are not the final determinant of fault in an accident. Although they serve as valuable evidence, the determination of liability will ultimately be decided by insurance companies or through legal proceedings.
How long do I have to file a claim for a right-of-way motorcycle accident?
In Nebraska, the statute of limitations for personal injury claims is usually four years from the accident date. However, it is always best to consult with a lawyer as soon as possible to meet all deadlines.
Injured In A Motorcycle Accident Due To Right-of-Way Violations? Contact Berry Law For Comprehensive And Compassionate Legal Support
Though motorcyclists don’t have absolute right of way, they are still entitled to the same rights and protections as any other vehicle on the road.
When accidents occur, it is important to understand the factors that may have contributed and seek legal support to navigate the complex claims process.
Berry Law has an extensive track record of securing favorable outcomes for clients in motorcycle accident cases, including those involving right-of-way violations.
Our team understands the unique challenges motorcyclists face and is dedicated to fighting for their rights.Contact us today for a free consultation, and let us help hold negligent drivers accountable for their actions.
