If you were involved in a motorcycle accident in Lincoln, NE, your top priority should be receiving necessary medical care and regaining your health. Unfortunately, that can be difficult to focus on when you are worried about medical bills and other mounting expenses, especially if you are also out of work because of your injuries.
You may also have insurance companies demanding a recorded statement, lawyers asking questions, and health care providers demanding payment. We know how many outside forces can make your post-accident situation even more stressful. Fortunately, a Lincoln motorcycle accident lawyer at Berry Law can help you navigate the claims process and move forward in your recovery.
A dedicated personal injury attorney at Berry Law can provide guidance, handle paperwork, answer all your legal questions, and advocate on your behalf so you can focus on your recovery. If we can prove another person’s negligence caused your accident, we may be able to recover substantial compensation related to your Lincoln motorcycle accident.
Factors that are Unique to Lincoln Motorcycle Accidents
In a variety of ways, motorcycles differ substantially from other vehicles that operate at highway speeds. Their smaller size makes them more maneuverable, but it also creates greater vulnerabilities to operators and passengers.
Motorcycle riders lack the protections afforded to those driving enclosed vehicles, so accidents are more likely to result in serious injuries. In addition, because riders must balance on two wheels, certain road conditions often pose much greater hazards to cyclists than to people driving vehicles with four or more wheels.
A biker’s injuries can result from the impact of another vehicle as well as from striking the ground or a fixed object. Examples of a motorcyclist’s injuries may include:
- Traumatic brain injuries
- Broken bones
- Severe burns
- Spinal damage
- Internal bleeding
- Road rash
What Specific Laws Apply to Lincoln Motorcycle Crashes?
Because operating a motorcycle presents increased challenges compared with other motorized vehicles, Nebraska state law requires bikers to pass additional licensing requirements. Lawmakers have also enacted special requirements for properly licensed motorcyclists. For instance, Nebraska Revised Statutes §60-6,279 and subsequent statutes establish specific helmet requirements for anyone riding on a motorcycle, including passengers.
Other state laws, such as Neb. Rev. Stat. §60-6,307, prohibit riders from carrying articles that prevent them from keeping both hands on the handlebars, riding in any manner other than astride facing forward and allowing a passenger to ride without footrests.
A Lincoln motorcycle accident attorney can review all these statutes with you and offer advice regarding how they might impact your efforts to recover monetary compensation in a civil personal injury claim.
How Contributory Negligence May Affect a Lincoln Motorcycle Crash Claim
In most motorcycle accidents, financial recovery depends on the injured rider showing that another person caused the accident by acting in a negligent fashion. For instance, a driver may be found negligent if they were paying more attention to their radio than the road and swerved into a motorcycle by accident. Likewise, a truck may have negligently discharged debris onto the road which created a hazardous condition that caused a Lincoln motorcycle accident.
Sometimes, an accident results from negligent behavior of more than one person. And one of the responsible people may be the plaintiff who brings a civil case. If the injured person’s own conduct contributed to their injuries, they may still be able to recover damages from other negligent parties with the assistance of a motorcycle accident lawyer in Lincoln.
Under Nebraska law, to bring a personal injury lawsuit for injuries sustained in a Lincoln motorcycle accident, you must bear less than 50 percent of the total fault involved in the crash. If you are found at fault for less than 50 percent, the court can find in your favor, but reduce the amount you are awarded by the percentage that corresponds to your own degree of fault. For example, if you are found 30 percent at fault and the court awards $100,000, you will only receive $70,000.
Berry Law’s Team Provides You With Multiple Attorney Perspectives
What Type of Financial Compensation Can a Lincoln Motorcycle Attorney Recover For You?
Compensation for a motorcycle accident comes in two forms. The first is known as economic damages and the second is known as non-economic damages. A skilled Lincoln motorcycle injury lawyer can request compensation for all injuries and damages sustained in a cycle crash.
Economic damages are measurable and documentable financial losses, typically including medical bills, lost income, and property damage to your motorcycle. Establishing the value of economic damages at trial typically requires documentary evidence like paid bills, receipts, and work schedules.
Non-economic damages are more challenging to define and place a value on, because they are designed to compensate you for subjective losses like pain and suffering or disfigurement. Testimony from a plaintiff or expert witness is typically the strongest evidence to support non-economic damages at trial.
What is the Time Limit to File a Lincoln Motorcycle Collision Lawsuit?
According to Neb. Rev. Stat. §25-207, you must file a motorcycle accident lawsuit within four years of the date of the accident. Failure to comply with this deadline could destroy your ability to recover compensation. While limited exceptions apply to this statutory deadline, the court typically dismisses cases filed after the expiration of the four-year window.
Discuss your Case with a Lincoln Motorcycle Accident Attorney at Berry Law Today
If you’ve been in a motorcycle accident in Lincoln, you can’t afford to waste any time. It’s imperative to collect the evidence you’ll need to prove negligence right after the accident. A Lincoln motorcycle lawyer can assist in the process and help ensure that the best available evidence is gathered and ready to support settlement negotiations and, if necessary, a civil trial.
The statute of limitations on a motorcycle accident lawsuit started ticking on the date of the accident, so it is critical to file your civil personal injury lawsuit within the correct time period. Contact Berry Law today for a free consultation where you can find out how you might receive compensation to cover lost income from work, medical bills, and anticipated future needs, as well as intangible losses such as pain and suffering. We are ready to take on the next battle with you.