Understanding Motorcycle Accident Claims In Nebraska
In this article, you will learn…
- What damages you may be able to recover if you were involved in a motorcycle accident.
- How insurance companies will try to undervalue your claim – and how to avoid falling prey to these tactics.
- How an attorney can help you find the recovery you need… even if you were partially at fault for the crash.
Many individuals drive motorcycles, especially during the warmer months. There are an abundance of good areas to ride in Nebraska, and motorcyclists exist in every age group.
Unfortunately, once the weather changes in the wintertime, motorcycle accidents become more frequent. These accidents tend to be more devastating than one might imagine simply because the rider has no protection if they end up getting hit by a car, which is what most often occurs.
What Are The Common Causes Of Motorcycle Accidents Across Nebraska?
The speed of the vehicle can be a big problem in motorcycle accidents. A motorcycle can come up on the side of a vehicle quickly without the driver of the car even realizing its presence. Therefore, individuals making lane changes and motorcyclists can easily collide.
Oftentimes, people violate traffic control signals and stop lights which can cause severe injuries to motorcyclists going through an intersection. The inattention of drivers, who have a tendency to look for other, bigger automobiles, and the lack of register when they do see a motorcycle can be deadly.
Research indicates that drivers often have blind spots when it comes to motorcycles. Aware of this information, motorcyclists try to remain extremely vigilant and anticipate the fact that a lot of drivers are not going to see them. Needless to say, it is arduous, and those on motorcycles cannot always respond in a timely enough fashion to avoid the negligence of the person in the car.
What Types Of Injuries Result From Motorcycle Accidents?
Death, paraplegia, quadriplegia, fractures to extremities, and brain injury are very common. This is because, if someone is thrown off of a vehicle following an impact, their head is likely going to strike the ground. This can be severely damaging – regardless of whether they are wearing a helmet.
Oftentimes, the severity of the impact in a motorcycle collision is going to result in brain injury and long-term effects on the person’s life and their ability to engage in a variety of activities that they had formerly been able to enjoy.
What Are Common Defense Tactics That Insurance Companies Use To Deny Or Limit Personal Injury Settlements and Motorcycle Injury Claims?
The defense will try to paint the individual they are representing as someone that was being alert and looking out for others. Meanwhile, they will attempt to show that the motorcyclist was driving too fast or was engaged in an improper lane change.
They will also blame motorcyclists if they do not have a helmet on and if they do not follow through with the doctor’s recommendations for treatment.
Does Being Partially Responsible For An Accident Bar An Injured Individual From Recovery In A Nebraska Motorcycle Injury Case?
In cases like these, the defense can argue contributory negligence. They often claim that the individual that was the victim of an injury was partially at fault, but as long as the partial fault is not equal to or greater than 50%, that individual can still recover.
The dilemma is that jurors who think both parties are at fault may return a verdict in favor of the defense. Nevertheless, according to the law, the damages should simply be reduced, so long as the individual that was partially at fault was not 50% or more responsible for the collision. If they are 50% or more responsible, then they lose under Nebraska law. This is a crucial point to discuss during jury selection so the people who sit on your jury understand a victim has a right to recover as long as they were not at least 50% responsible for the crash.
For more information on Motorcycle Accident Cases in Nebraska, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (402) 704-4593 today.
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