Motorcyclists are afforded the same rights on the roadway as individuals in passenger vehicles. However, in the case of an accident, motorcyclists are often subject to more severe injuries because of the nature of their vehicle. Any event that causes you to tip over or lose control could cause you to collide with the pavement, nearby buildings, other vehicles, or pedestrians. Even riders who wear a helmet or other protective gear are vulnerable to life-threatening injuries in the event of a motorcycle crash.
Bikers have the right to pursue compensation for injuries that are the result of another person’s recklessness. A Papillion motorcycle accident lawyer from Berry Law can help you collect the compensation you need to cover medical bills, lost wages, and emotional traumas.
Proving Fault in a Motorcycle Crash Claim
All drivers in Papillion have a duty to drive safely and exercise reasonable care when operating a motor vehicle. A driver whose negligence causes a motorcycle crash is required to cover all medical expenses and bills related to the accident, including pain and suffering and lost wages. As a result, the court must evaluate the actions of all individuals in a motorcycle accident and assign liability.
A traffic citation for speeding, tailgating, driving while impaired, or texting while driving can be used as evidence of a driver’s fault for a motorcycle collision. Additionally, a motorist who was driving while fatigued at the time of an accident could be held civilly liable for your injuries.
Of course, courts must also evaluate the actions of injured bikers to determine whether they share fault for a collision. Under Nebraska Revised Statute §25-21,185.09, a judge must apply modified comparative negligence in motorcycle accident cases.
If the court determines that a you were partially at fault for the motorcycle collision, they will reduce your compensatory award by that percentage. If your assigned percentage of liability rises to 50 or more, the court will dismiss the claim altogether.
As a result, it is common for insurance companies to attempt to shift blame onto injured motorcyclists to avoid paying out a settlement. A Papillion motorcycle accident attorney will fight back against allegations of comparative negligence on your behalf.
Helping Injured Riders Protect Their Claims
Every injured motorcyclist has the right to pursue compensation to offset their losses after an accident. This requires an in-depth examination of how a collision has affected a person’s life.
A good starting point is to evaluate the impact of physical injuries. Bikers often endure severe cuts, road rash, separated joints, broken bones, and traumatic brain injuries as a result of crashes. An at-fault defendant would be required to provide compensation for past and future medical care regardless of how serious your injuries are.
Many riders also endure intense pain, suffering, and lost quality of life because of another driver’s negligence. While it is difficult to place a dollar value on these losses, an attorney who practices in the Papillion area would have experience determining the value of motorcycle accident claims and fight to make sure you receive the entire compensation you deserve.
Reach Out to a Papillion Motorcycle Accident Attorney Today
All drivers in Papillion are legally obligated to keep others safe while on the road. If a motor vehicle operator is at fault for your motorcycle crash, you may be entitled to receive compensation.
A Papillion motorcycle accident lawyer from Berry Law will take the lead in your claim for damages. Contact our team of attorneys today to get started.