If you are suffering injuries from a motorcycle accident, regaining your health should be your top priority. Unfortunately, that can be difficult to focus on when you are worried about medical bills and other mounting expenses, especially if you are also out of work because of your injuries.
If you have insurance companies demanding statements or lawyers asking questions, the situation can become even more stressful. Fortunately, a Lincoln motorcycle accident lawyer at Berry Law can assist you.
A dedicated personal injury attorney with our firm can provide guidance, handle paperwork, and answer legal questions on your behalf so you can focus on your recovery. Furthermore, if you can prove another person’s negligence caused your accident, you may be entitled to recover substantial compensation.
Unique Factors to Motorcycle Crashes
In a variety of ways, motorcycles differ substantially from other vehicles that operate at highway speeds. Their smaller size makes them more maneuverable, but it also creates greater vulnerabilities to operators and passengers.
Motorcycle riders lack the protections afforded to those driving enclosed vehicles, so accidents are more likely to result in serious injuries. In addition, because riders must balance on two wheels, conditions that affect the surface of the road often pose much greater hazards to cyclists than to people driving vehicles with four or more wheels.
A biker’s injuries can result from the impact of another vehicle as well as from striking the ground. Examples of a motorcyclist’s injuries include:
- Traumatic brain injuries
- Broken bones
- Severe burns
- Spinal damage
- Internal bleeding
- Road rash
Specific Laws Applicable to Local Motorcyclists
Because of the increased challenges that operating a motorcycle presents compared with other motorized vehicles, Nebraska state law requires bikers to pass additional licensing requirements. Lawmakers have also enacted special requirements for properly licensed motorcyclists. For instance, Nebraska Revised Statutes §60-6,279 and subsequent statutes establish specific helmet requirements for anyone riding on a motorcycle, including passengers.
Other state laws, such as Neb. Rev. Stat. §60-6,307, prohibit riders from carrying articles that prevent them from keeping both hands on the handlebars, riding in any manner other than astride facing forward and allowing a passenger to ride without footrests. A Lincoln motorcycle accident attorney can review all these statutes with you and offer advice regarding how they might impact your efforts to recover monetary compensation in civil court.
Significance of Contributory Negligence in Lincoln Motorcycle Crash Claims
In most motorcycle accidents, the recovery depends on the injured rider showing that another person caused the accident by acting in a negligent fashion. For instance, a driver may be found negligent if he/she was paying more attention to his/her radio than the road and swerved into a motorcycle by accident. In the same vein, a truck may have negligently discharged debris in the road, creating a hazardous condition that caused a motorcycle accident.
Sometimes, an accident results from negligence on the part of more than one person—one of whom may be the plaintiff in an ensuing civil case. If an injured person’s own conduct contributed to causing an injury, a motorcycle accident lawyer in Lincoln can still help them recover damages from other negligent parties so long as they bear less than 50 percent of the total fault. However, the court would reduce the amount recovered by a percentage corresponding to their own degree of fault.
What Types of Financial Compensation Are Available in Lincoln?
Compensation for a motorcycle accident comes in two forms. The first is known as economic damages and the second is known as non-economic damages. A successful injury claim could result in compensation for all a biker’s injuries and damages.
Economic damages are measurable financial losses and typically include medical bills, lost wages, and property damage to the motorcycle. Establishing the value of economic damages at trial typically requires documentary evidence like paid bills, receipts, and work schedules.
Non-economic damages are more challenging to define, as they are designed to compensate subjective losses like pain and suffering or disfigurement. Testimony from a plaintiff or witness is typically the strongest evidence of non-economic damages at trial.
What is the Time Limit to File a Motorcycle Collision Claim?
According to Neb. Rev. Stat. §25-207, you must file a motorcycle crash claim within four years of the date of the accident. Failure to comply with this deadline could be detrimental to your ability to recover compensation. While limited exceptions apply to this statutory deadline, the court typically dismisses cases filed after the expiration of the four-year window.
Discuss your Case with a Lincoln Motorcycle Accident Attorney Today
The best time to collect evidence needed to prove negligence is usually right after an accident. A Lincoln motorcycle lawyer can assist in the process and help ensure that the best available evidence is ready for settlement negotiations and, if necessary, a civil trial.
The statute of limitations on a motorcycle accident lawsuit is four years from the time of the accident, so it is critical to file any civil case within the correct time period. Call Berry Law today to get started on your case and find out how you could potentially receive compensation to cover lost wages from work, medical bills, and anticipated future needs, as well as intangible losses such as pain and suffering.