Bicycle Accident Attorneys In Omaha, Nebraska
Biking is perhaps one of the best ways to experience the beautiful surrounding landscapes in Nebraska. Unfortunately, due to the limited protection, bicyclists are often exposed to the dangers of the road – traffic collisions and accidents. A bicycle accident can cause minor to serious injuries, fractures, catastrophic injuries, or even death to anyone involved. If you or a loved one were injured in a bicycle accident caused by a negligent party, you are eligible to recover damages.
At Salerno & Leavitt, our attorneys have devoted careers to offering experienced legal guidance and compassionate representation to clients in bicycle accident cases. Our experienced Nebraska personal injury attorneys can help investigate all of the facts of your unique circumstances and explore your options to seek damages. We can help you pursue fair financial compensation for your injuries, property damages, pain, suffering, or loss.
Salerno & Leavitt proudly represent bicycle accident victims across Omaha, Nebraska, and Council Bluffs, Iowa. Call today to schedule a simple case assessment.
What To Do After A Bicycle Accident
The moments following a bicycle accident can be difficult and confusing to sort through. However, what you do – or fail to do – can have a significant impact on your personal injury claims. Hence, when involved in a bicycle accident in Nebraska, here are the steps to take:
- Remain calm. Exit your bicycle carefully and ensure your safety and wellbeing.
- Call 911 to get immediate medical treatment for your injuries.
- Report the incident to the police or law enforcement.
- Collect relevant information, including the other driver’s name, license, address, phone number, and insurance information.
- Gather and document police reports, accident scene pictures, witness statements, and testimonies.
- Document all hospital bills, medical treatments, and doctor’s appointments.
- Document your personal account of the accident and how it has affected your daily life.
- Inform your insurance carrier about the bicycle accident
- Hire our knowledgeable attorneys to help file a personal injury claim and negotiate a fair settlement with the insurance company.
However, if you continue to delay, you may forget important details or misplace crucial documents. Therefore, it is important that you hire our skilled bicycle accident attorneys immediately to help you file injury claims and pursue your deserved financial compensation.
Nebraska Laws Affecting Bicycle Riders
In Illinois, laws, rules, and regulations have been established to ensure the safety of bicycle riders and mitigate accidents. Here are some essential Nebraska laws affecting cyclists in the state.
The bicycle must be equipped with various safety features, including:
- Functioning brakes capable of stopping the bike in 25 feet while traveling at 10mp/h under good conditions.
- A red reflector – or red light – on the rear of the bicycle when riding at night.
- Side reflectors on the wheels when riding at night.
- A light on the front of the bicycle for night riding.
- Reflectors on the pedals or shoes when riding at night.
- Bicyclists are required to follow the same rules of the road as motorists.
- Cyclists must ride as far to the right side of the road as possible.
- Bicyclists must never ride against the flow or direction of traffic.
- Avoid sudden movements. Do not surprise pedestrians, motorists, or other bicyclists.
- Always signal before turning. You may use hand signals.
- Bicyclists should wear brightly colored clothes and reflectors.
- Always use bicycle paths or trails when available.
- Bicyclists must ride single file when on the highway.
In Nebraska, there is no helmet law for bicycle riders. Unless otherwise provided by a municipal regulation, bicyclists of all ages are allowed to operate a bicycle without wearing a helmet. Regardless, bicycle riders are strongly encouraged to wear a Consumer Product Safety Commission approved helmet whenever riding.
Filing A Claim
Nebraska is an at-fault auto insurance state. This means that the party who caused the bicycle accident (at-fault party) will be held financially liable for all medical costs, property damages, and other accident-related expenses suffered by the victim. To recover damages, you can proceed by:
- Filing an injury claim with your insurance provider.
- Filing a third-party claim directly with the insurance carrier of the responsible party.
- Filing a personal injury lawsuit against the responsible party in civil court.
Our experienced attorneys can explore your possible legal options to pursue damages and determine the fair amount of compensation you are entitled to.
Modified Comparative Fault Rule
Additionally, Nebraska operates using the modified comparative fault rule, with a 50% bar. Under the system, the amount of damage that is recovered will be reduced in proportion to your fault percentage. However, you are unable to recover any compensation if you are equally or mostly (50% or more) responsible for the accident.
For instance, if the court awarded $60,000 in damages against the at-fault party but found you 20% responsible for the bicycle accident, your damages are reduced by $12,000. Hence, you will only be allowed to collect $48,000 from the initial amount awarded to you. Under Nebraska’s modified comparative fault rule, you will be barred from recovering damages if you were 50% or more at fault for the accident or injury.
Statute Of Limitations
Furthermore, Nebraska’s bicycle accident states of limitations indicate that potential plaintiffs will have up to four (4) years from the date of the accident or injury to commence a civil action against any potentially liable party (Nebraska Revised Statute Section 25-207).
How Legal Counsel Can Help
Being involved in a bicycle accident can be emotional. Such an unfortunate incident can affect you physically, mentally, and financially. Nevertheless, you do not have to bear the financial liability and challenges alone. If you were hurt in a bicycle accident, it is crucial that you act quickly and retain our skilled personal injury attorneys to advocate for your legal rights and help seek fair financial compensation for your injuries.
At Salerno & Leavitt, our attorneys are poised and ready to help you hold those responsible for your injuries accountable. Using an in-depth understanding of laws addressing liability in personal injury cases involving bicycle accidents, our team can seek to guide you through the claims process and help you make intelligent decisions.
Bicycle Accident Attorneys Serving Omaha, Nebraska
If you or a loved one was injured in a negligent bicycle accident, you can pursue fair compensation. Call Salerno & Leavitt today to schedule a one-on-one consultation. Our trusted attorneys have the experienced legal counsel and compassionate representation you need in your bicycle accident claims. We’re proud to serve clients across Omaha, Nebraska, and Council Bluffs, Iowa.
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