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.
Common Causes of Omaha Bicycle Accidents
Bicycle accidents happen far too often in Omaha, and the consequences can be devastating for the cyclists who have no protection from impact.
Unfortunately, in many cases, these bike accidents could have been prevented if drivers had behaved more safely behind the wheel. Here are some of the most common causes of bike crashes, many of which are because of a driver’s carelessness or wrongdoing.
- Failure to yield: Drivers may not give proper respect or consideration to bicycle riders on the road and may fail to stop for them at intersections or when making turns. Drivers may also have a hard time seeing bicycle riders and may not yield to them because of visibility issues.
- Driver impairment: If a driver is impaired by drugs or alcohol, that motorist shouldn’t be behind the wheel. If they hit an Omaha bicycle accident victim while intoxicated, they will have to provide compensation for all resulting damages. Unfortunately, drunk drivers often don’t see bicyclists or don’t accurately judge their speed and distance since bicycle riders have a much smaller footprint than passenger cars.
- Dooring: If a driver or passenger opens up the door in the path of a cyclist, whether intentionally or carelessly, this can cause substantial harm as the rider crashes into the door.
- Driver distraction. Bicycles can be harder for distracted drivers to spot due to their small size, increasing the risk of serious accidents occurring when motorists are paying attention to cell phones, the radio, or other in-vehicle distractions.
These are just some of the many ways that drivers could end up causing a crash that leaves a cyclist injured or, in some cases, that results in the tragic death of a bicycle rider.
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.
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Proving Fault in a Bicycle Accident Claim
Since fault is so important in a bike accident claim, and since you’ll typically need to show the driver was negligent in order to prove fault, it can be helpful to understand the types of evidence you may need.
Berry Law will help you to put together a strong and compelling claim by helping you to collect certain types of key evidence that you can present in your case, including:
- Photos from the crash scene
- Eyewitness testimony from the scene
- Police reports
- Toxicology reports if there was a suspected impaired driver
- Phone records in case of a distracted driving accident
- Vehicle maintenance records
- Hours-on-duty logs if the incident involved a commercial truck.
- Security camera footage showing the accident
- Expert testimony from accident reconstruction specialists
- Medical records demonstrating your injuries
- Expert testimony about the impact of injuries on your income and on the costs of future medical care
- Pain journals showing the extent of your damages
Berry Law has decades of experience helping clients to gather this type of evidence, as well as other documents, records, and reports, to put together the strongest possible claim.
From day one, we’ll evaluate the cause of your accident and work to put together the most compelling case to show who was at fault and the amount of compensation you should receive.
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.
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.
