Whether riding a bicycle for fun or exercise, cyclists should be able to travel safely. A distracted or inattentive driver, however, may cause a collision that can severely injure a cyclist.
When someone is injured due to the negligence of another, he or she may be able to seek financial compensation for the losses they endured. A Lincoln bicycle accident attorney could help you fight for the compensation you need and deserve. By working with a dedicated team of injury attorneys from Berry Law, you can focus on your recovery while they protect your rights.
Rules and Tips for Bicyclists in Lincoln
A bicyclist may not be able to prevent injury due to the careless or reckless actions of a driver. However, there are rules and tips that can help reduce the likelihood of injuries from bicycle accidents.
Nebraska Revised Statutes § 60-6, 317 lists rules regarding the operation of bicycles on the roadway. Bicyclists are to ride single file, except in areas or lanes specifically created for bicyclists. Also, whenever a bicyclist moves from the shoulder to the roadway, they should signal accordingly and yield the right of way. Additionally, a bicyclist should not stray into the path of a vehicle in a way that does not provide the driver enough time to avoid a collision.
Following the rules of the road is beneficial in reducing a bicyclist’s risk of injury and in preserving the bicyclist’s claim in the unfortunate event of injury. A bicycle accident lawyer in Lincoln could explain the legal theories on which a bicyclist’s claim may proceed and any counterarguments which a defendant may attempt to make.
Who is Responsible for Bicycle Accidents in Lincoln?
When a bicycle accident happens, it is important to understand who is to blame for the accident, as that person or company can be held responsible for resulting losses and damages.
In many bicycle accident cases, the driver of the other vehicle is at least partly at fault, so this could mean their auto insurance pays for the harm the bicyclists endured.
A driver can be held responsible for a bike crash that you were involved in if:
- The driver failed to live up to a legal obligation to be safe on the road. All drivers are expected to behave at least as competently as a hypothetical average reasonable driver would, in order to protect others. Drivers are also expected to follow safety laws, such as speed limits and laws against impaired driving.
- The driver’s failure was the direct cause of the bicycle accident. You’ll need to show that the driver’s carelessness or safety rule violation led to the bike accident.
- You suffered losses or damages. You’ll have to show that the accident caused you to suffer physical and/or emotional harm, or resulted in the death of a loved one.
Berry Law will help you to gather evidence, including medical records, reports from the crash scene, testimony of witnesses who saw the crash, and the testimony of experts who can show both how the crash happened and the extent of your losses.
If you can prove the other driver was to blame, they should compensate you for damages. In some cases, there may also be other parties to compensate you as well, such as the employer of a careless driver who caused your bike crash if it happened on-the-job.
Our Lincoln bicycle accident lawyers will help you evaluate the circumstances of your claim to determine who should be held liable so you can get the money you deserve.
Common Injuries in Bicycle Accidents
Bicyclists can sustain devastating injuries in traffic accidents. The use of helmets can help reduce the risk of serious injury to the skull and brain. However, high-impact collisions can have devastating effects. Because bicycles afford little protection other than helmets, other serious injuries are also possible. These include:
- Bruises, scrapes, and cuts
- Burns
- Sprains and strains
- Spinal cord injuries
- Amputation
Following a collision, bicyclists should seek immediate medical care, regardless of whether they believe they are injured. Not all injuries are obvious or visible at the scene of the accident. A medical professional may be able to detect injuries through physical examination or diagnostic imaging and record any findings in the bicyclist’s medical records.
Documentation of injuries, through medical records and photographs, is important for any resulting claim. A bicycle wreck lawyer in Lincoln could review the documentation and help an injured bicyclist determine the value of his or her injury claim.
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Compensation After a Lincoln Bicycle Accident
If you can successfully prove that another driver or other party was to blame for your Lincoln bicycle accident, you should be “made whole” or paid for all of the losses that resulted from the crash. Some examples of the different kinds of bike accident damages you could recover include:
- Medical bills: If you needed treatment due to your bike crash or will require ongoing treatment, the driver responsible for the accident should pay for it.
- Loss of income. Any lost wages to date should be compensated by the at-fault driver. When permanent injuries mean you can’t work and earn what you used to, you should be compensated for that as well.
- Pain and suffering. Payments for pain and suffering are appropriate when bike accident injuries cause you to experience discomfort. You should be paid for ongoing pain and suffering if your injuries are permanent.
- Emotional distress: It’s common to experience PTSD, depression, anxiety, or other serious mental health issues after an accident — especially if it was serious or life-changing. You should be compensated for this harm.
You can recover for your losses through an out-of-court settlement or can go to court when the driver doesn’t make a settlement offer you think is fair and appropriate. Berry Law will be there either way, helping to negotiate the best settlement possible or fighting for your rights in court of law.
Contact a Lincoln Bicycle Accident Attorney Today
The process of recovery following a bicycle accident may seem daunting. However, with the help of a Lincoln bicycle accident lawyer, you may be able to get the compensation you need and deserve for the damages you suffered.
Strict deadlines apply to the filing of injury claims in Lincoln. Speak with a Lincoln injury lawyer with Berry Law as soon as possible. Call today for a free case evaluation.