Although cycling has grown in popularity throughout the United States for travel, exercise, and recreation, drivers of motor vehicles still do not always notice bicycles on roadways, which can lead to catastrophic accidents. Whether due to distracted driving, traffic violations, or any other reason, accidents that cause severe injuries to bicycle riders are not uncommon. If you or a loved one has been injured in a bike crash, a diligent Omaha bicycle accident lawyer from Berry Law may be able to assist you in filing a personal injury claim against the responsible party. With the help of an experienced injury lawyer, you could get the justice and compensation you need.
Omaha Bicycle Accidents and the Statute of Limitations
All lawsuits are subject to statutes of limitations. Under Nevada Revised Statute § 25-207, potential plaintiffs have four years from the date of their bicycle accidents in which to file their claims against any potentially liable parties. There may be some exceptions to this general statute of limitations for some personal injury claims, such as for medical malpractice suits.
Failure to follow the applicable statute of limitations can result in an inability to file the claim, leaving the complaintant without any recourse to pursue compensation for their injuries. Consulting a bicycle accident lawyer in Omaha can be instrumental in filing a personal injury claim within the relevant statute of limitations.
How Negligence Forms the Basis of a Bicycle Accident Claim
A personal injury claim arising from a bicycle accident generally rests on the principle of negligence. In other words, liability for the crash is based on a driver’s failure to act as reasonable persons would act in a similar situation. Rather than intentionally harmful behavior, negligence typically involves recklessness or carelessness that results in injuries to others.
In some cases, bicycle riders may be partially at fault for the accident that led to their injuries, such as if both they and the drivers violated traffic safety laws. Nonetheless, if injury victims are less than 50 percent at fault for the accident that caused their injuries, they still have the right to file personal injury claims against other partially responsible drivers. The total amount of damages that the plaintiff may recover, however, decreases according to their percentage of liability for the wreck.
For example, if a driver drives through a red light and strikes a bicyclist who is riding in the middle of the road rather than an open bicycle lane, then the bicyclist arguably bears some fault for the accident. If the bicyclist is 10 percent liable for the crash, then the bicyclist is limited to recovering only 90 percent of the available damages. As a bicycle accident attorney in Omaha may advise, the bicyclist must bear the responsibility for the remaining ten percent of the costs of the injuries.
Call an Omaha Bicycle Accident Attorney Today
Bicycle accidents can result in substantial injuries to bicyclists, including broken bones, internal injuries, traumatic brain injuries, and more. Even wearing protective gear and helmets may do little to blunt the effects of a collision between bicycle riders and a motor vehicle. In the case of significant injuries, riders may want to consult an Omaha bicycle accident lawyer for legal advice and assistance.
Working with the determined legal professionals at Berry Law throughout any personal injury proceedings could be instrumental in helping you recover full compensation for your injuries. Not only may you be able to recover for costs directly stemming from your injuries, such as medical expenses and lost wages, but you also may be able to recover non-economic damages such as compensation for pain, suffering, and emotional trauma related to your accident. Call today to schedule a consultation.