Unfortunately, some of the most catastrophic injuries are the result of motorcycle accidents. Focusing on healing can be difficult when you are worried about medical bills and other mounting expenses, especially if you’re also out of work because of your injuries. The situation can become even more stressful with insurance problems and lawyers knocking on your door.
A persistent Omaha motorcycle accident lawyer can help bikers hurt in a crash pursue compensation from at-fault motorists. If retained, our personal injury attorneys will work to obtain the appropriate compensation for your losses with as little stress as possible.
Protections for Motorcycle Riders in Omaha
All drivers in the State of Nebraska assume a duty to protect all other people they encounter while on the road. While many people believe that motorcyclists are not included in this category, the fact remains that bikers are owed the same protection and consideration as any other motor vehicle operator.
As a result, motorcyclists have the right to demand compensation from any driver who causes a crash and injures them. To accomplish this, an injured motorcycle rider must prove that the at-fault driver was negligent. Negligence is a legal term that carries a strict definition and centers around the duty that all drivers owe to others on the road.
A local attorney can provide significant assistance in gathering evidence of negligence to support your motorcycle collision claim. Examples of evidence typically utilized in motorcycle accident cases may include, but are not limited to:
- A police report
- Witness statements
- Photographs of the scene of the accident, including the resting position of the vehicles
Regardless of the types of evidence used in the claim, you should act quickly. According to Nebraska Revised Statutes §25-207, also known as the statute of limitations, all claims must generally be submitted to the court within four years of the accident. If you fail to submit your claim on time, you may be barred from seeking damages and recovering any compensation.
Recoverable Damages after a Local Motorcycle Accident
A motorcycle accident in Omaha can have a devastating effect on the rider and any passengers. While bikers may choose to wear a helmet or other protective gear, these sometimes fail to fully protect them during a collision with another motor vehicle. Even at low speeds, an accident can knock a rider out of their seat and onto the road, often causing severe cuts and scrapes as well as potential joint sprains and broken bones.
High-speed collisions, meanwhile, can threaten a rider’s life. These may result in them being trapped under another vehicle, pushed into other cars, or even pushed into buildings. Typical injuries in these instances include broken bones, separated joints, amputations, and spinal cord injuries.
What if a Motorcyclist Passes Away in an Omaha Collision?
When a motorcyclist suffers a wrongful death due to another driver’s negligence, the biker’s surviving family may initiate a claim for compensation. A representative of the decedent’s estate would be the one to file a wrongful death claim on behalf of the family. A variety of compensation may be recovered by a motorcyclist’s surviving loved ones.
For example, you could claim compensation for expenses associated with the motorcyclist’s injuries before death, including their hospital bills, in addition to the cost of the funeral and burial. Other damages such as emotional anguish, mental distress, and reduced financial support as a result of the motorcyclist’s passing may also be recoverable with the assistance of a skilled lawyer.
What Factors Determine the Value of a Local Motorcycle Crash Case Settlement?
A variety of factors can impact the value of a motorcycle crash settlement in Omaha. It should also be noted that no two settlements are exactly alike because the facts of each local motorcycle crash case could vary greatly. The severity of a biker’s injuries, the extent of the treatment required, the medical costs incurred as a result, and other financial losses attributed to the accident will directly impact the value of their case.
Compensation awarded in a successful motorcycle collision case may cover any accident-related medical expenses. However, the full value of a case incorporates not only the economic impact of the crash but also the emotional trauma endured in the process. Intangible losses like pain and suffering and loss of enjoyment of life may be available as recoverable damages as well, depending on the circumstances of your case.
How an Omaha Motorcycle Accident Attorney Can Help
The aftermath of a motorcycle accident can be frightening and confusing. You may be dealing with mountains of paperwork and significant lost wages that throw your life into chaos. All the while, the defendant’s insurance company may be trying to force a quick settlement for a token sum, or they may deny responsibility for the incident altogether.
Reach out to an Omaha motorcycle accident lawyer today to start your case and find out how you could receive compensation to cover lost wages, medical bills, and anticipated future needs, as well as intangible losses such as pain and suffering. Call Berry Law today for your free consultation.