Although cycling has grown in popularity throughout Nebraska 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. Berry Law’s bicycle accident lawyers in Omaha may be able to assist you in filing a personal injury claim against the responsible party.
Determining Liability in Bicycle Accident Claim in Omaha
Like other, collisions, liability in a bicycle accident revolves around the topic of negligence. Negligence is defined as “carelessness, recklessness, or unreasonable conduct” under Nebraska’s personal injury legislation. If someone else’s carelessness caused you to suffer financial loss, you are entitled to be paid by the negligent party.
Most car accidents involving bicycles are the fault of the driver, not the cyclist. If you’ve been in a bicycle accident in Omaha, our attorneys can assist you in better understanding your legal options and help determine the at-fault entity.
Comparative Negligence Rule in Bicycle Accident Case in Nebraska
A personal injury claim in Omaha 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, bicyclists may be partially at fault for their accident, such as if both they and the driver violated traffic safety laws. This is when the comparative negligence rule comes into play. It suggests that if you are less than 50% at fault for the accident that caused injuries, you have the right to file personal injury claims against other partially responsible drivers.
However, the total amount of damages you may recover decreases according to your percentage of liability for the wreck. For example, if a driver runs a red light and strikes a bicyclist who is riding in the middle of the road rather than in an open bicycle lane, the bicyclist arguably bears some fault for the accident.
If the bicyclist is 10% liable for the crash, the bicyclist is limited to recovering only 90% of the available damages. As a bicycle accident attorney in Omaha, NE, may advise, the bicyclist must bear the responsibility for the remaining ten percent of the costs of the injuries.
Damages You Could Recover in a Nebraska Bicycle Accident Claim
Under Nebraska’s personal injury law, bicyclist accident victims are eligible for full and equitable compensation, including reimbursement for medical expenses and payment for emotional distress.
The compensation you may get is subject to the details of your accident, the limits of applicable insurance policies, and other variables. Bicycle accident claim victims in Nebraska may be eligible for the following types of compensation:
- Hospital bills
- Treatment expenses
- Past and future lost wages
- Pain and suffering
- Emotional and mental anguish
- Mental distress
Contact our bicycle accident attorneys to find possible compensation in your case. We can’t guarantee anything, but we can explain how the law could be applied to your situation.
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Omaha Bicycle Accidents and the Statute of Limitations
All lawsuits are subject to statutes of limitations. Under Nebraska Revised Statute § 25-207, potential plaintiffs have four years from the date of their bicycle accidents to file their claims against any potentially liable parties. There may be exceptions to this general statute of limitations for personal injury claims, such as the victim being a minor.
Failure to follow the applicable statute of limitations can result in an inability to file the claim, leaving the complainant without any recourse to pursue compensation for their injuries. Consulting a bicycle accident lawyer in Omaha, NE, can be instrumental in filing a personal injury claim within the statute of limitations.
Call an Omaha Bicycle Accident Attorney Today
Bicycle accidents can result in 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 distracted driver.
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. For a free legal consultation, contact us today.
