The drivers of full-size vehicles do not always give motorcyclists the respect that they deserve on the road. They may fail to yield to bikers who have the right of way, not signal before changing lanes, or fail to check blind spots before turning. This can result in accidents that cause serious injuries to motorcycle riders.
Fortunately, Nebraska law gives motorcycle riders the same rights on the road as all other travelers. This includes the right to be safe from the negligent driving of others and to hold those drivers responsible for their actions.
A persistent Omaha motorcycle accident lawyer could help bikers hurt in a crash pursue personal injury claims against at-fault motorists. If retained, our trial injury attorneys could work to obtain appropriate compensation for all 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, a motorcycle rider must prove that the allegedly at-fault driver was negligent. Negligence is a legal concept that carries a strict definition and centers around the aforementioned duty that all drivers owe to others on the road.
An Omaha motorcycle accident attorney could provide significant assistance when gathering evidence of negligence. Typical evidence utilized in such a case may include, but is not necessarily 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 to press the claim, plaintiffs should act quickly. According to Nebraska Revised Statutes §25-207, also known as the statute of limitations, all claims typically must be in court within four years of the date of the accident, or the plaintiff seeking damages may be time-barred from recovering any compensation.
Recoverable Damages from an Omaha Motorcycle Accident
A motorcycle accident 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, a collision 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.
Higher-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.
A thorough motorcycle accident case—and a meticulous motorcycle accident lawyer in Omaha—should make a claim for payments to cover the medical expenses associated with the accident. However, the full value of a case incorporates not only the economic impact of the accident 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 an individual plaintiff’s case.
How an Omaha Motorcycle Accident Attorney Could Help
The aftermath of a motorcycle accident can be frightening and confusing. The rider may be dealing with mountains of paperwork and significant lost wages that throw their lives 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.
An experienced Omaha motorcycle accident lawyer from Berry Law could take the lead in your case so that you can concentrate on what is important to you. They could work quickly to determine the facts of the accident, evaluate the effect of the incident on your life, and demand appropriate compensation for your losses. Get in touch today to schedule a consultation and find out what our aggressive and combative legal team could do for you.