Best Motorcycle Accident Lawyers in Omaha

FAQs

• What is the non-emergency contact number for the local police station in Omaha, Nebraska?

  The non-emergency number for the Omaha Police Department is (402) 444-5600.

• Where can you get a copy of the police report for the accident in Omaha, Nebraska?

  The following are the methods for obtaining a copy of the police report: (1) Send correspondence to 505 S. 15th (Attn: Records Manager), Omaha, NE 68102; and (2) visit the Precinct Front Desk. Precinct front desk hours vary, so please call ahead of time. Central Headquarters is open from 8 AM to 4 PM, seven days a week.

• Can you still get compensation if you were in a motorcycle accident in Omaha but didn't wear a helmet?

  Yes, even if you were not wearing a helmet during your motorcycle accident, you can still seek compensation in Omaha. Nebraska is one of 19 states that require all motorcyclists to wear helmets, regardless of age or experience level. However, even if it is proven that you were negligent in failing to wear a helmet, Nebraska's comparative fault statute allows you to collect compensation, but it may be reduced.

• Which Omaha roads and intersections are dangerous for motorcyclists?

  Dodge Street and 72nd Avenue is Omaha's most dangerous junction. It is also the fourth busiest intersection, with over 75,000 vehicles passing through daily. It's a difficult intersection for inexperienced drivers because you can't turn left on Dodge Street or the center express lane, which runs eastbound in the morning and westbound in the evening. Other accident-prone intersections are West Dodge Road and 90th Street; The four-way intersection of 132nd, L Street, Millard Avenue, and Industrial Road; and Interstate 80.

• What kind of motorcycle accident occurs most frequently in Omaha?

  The National Highway Traffic Safety Administration reports that left turns are the leading cause of two-vehicle motorcycle collisions in Omaha. The National Highway Traffic Safety Administration analyzed the causes of two-vehicle motorcycle collisions and found that the most common type of two-vehicle motorcycle collision happened when the cyclist was traveling straight while the other vehicle was making a left turn. 42% of two-vehicle motorcycle collisions happened when the driver made a left turn when the rider was proceeding straight, passing by, or passing another vehicle.

• Who is responsible for damages in a lane-splitting motorcycle accident in Omaha?

  Nebraska employs a contributory negligence standard to determine who is to blame for an accident and who is liable for damages. This means that everyone engaged in a collision in Omaha may be somewhat to blame, and the amount they contributed to the incident affects the compensation they receive in a civil claim. For example, if a jury concludes that a motorcyclist was 40% to blame for an incident caused by lane splitting and pays $100,000 in damages, the motorcyclist will receive just $60,000 in the end. However, if you are a motorcyclist who has been injured in a crash, a partial recovery can help pay your costs.

• Is a driver liable for your injuries if he swerves to avoid an animal in Omaha?

  If a driver swerved to avoid hitting a wild animal and hit your vehicle, that driver will be held accountable for your injuries. It is illegal under the law to endanger the lives of other people to avoid hitting a wild animal. This is true even if the motorist swerved impulsively and had only a fraction of a second to make the decision. Drivers in Omaha should be on the lookout for white-tailed deer, pronghorns, elk, coyotes, and bighorn sheep, among other wild species. There is also the possibility of colliding with domestic or farm animals.

• What does a motorcycle accident attorney do?

  Motorcycle accident attorneys provide legal advice, negotiate with insurance companies, and represent accident victims in and out of court. They investigate the cause of collisions, establish fault, value claims, prepare legal documents, and fight to recover adequate compensation for their clients. Most lawyers in this practice area also handle car and truck accidents and other personal injury claims.

• What is my motorcycle accident injury claim worth?

  Injured motorcyclists may be eligible for several types of compensation depending on their losses, state of residence, and level of fault. Whether or not they were wearing a helmet may also come into play. A lawyer can help to evaluate claims based on medical expenses, property damage, past and future lost wages, loss of earning capacity, pain and suffering, and emotional trauma.

• How long after a motorcycle accident can you claim an injury?

  The statute of limitations for personal injury claims is typically two years from the date of the accident. However, each state has its own rules. In Tennessee and Louisiana, for example, victims of motorcycle accidents have just one year to file a lawsuit. In Maine, Minnesota, and North Dakota, individuals have up to six years to initiate a claim.

• What is the average settlement for a motorcycle accident injury?

  Based on eight years of national data, the average verdict in motorcycle accident cases ranges from $74,000 to $560,000. Also note that the majority of claims are settled out of court. Riders may receive compensatory damages for medical bills, property damage, and lost wages, as well as general damages for emotional trauma, pain and suffering, and loss of consortium. Additionally, in states that follow a comparative negligence model, the plaintiff’s claim may be reduced according to his or her level of fault.

• What is the first thing I should do after a motorcycle accident?

  The steps that you take immediately after a collision can be instrumental in proving an accident or injury claim. In general, you should follow these guidelines:

  • Gather insurance and contact information from the other driver and any witnesses.
  • Contact law enforcement to report the collision and complete an accident report.
  • Document injuries, property damage, and road conditions.
  • Visit a doctor or hospital within 24 hours.
  • Avoid discussing the accident with the other driver or their insurance company.

  
  

• How does the motorcycle injury claim process work?

  Motorcycle accident cases typically start with an insurance claim. After documenting their client’s losses and establishing fault, attorneys generally prepare a demand letter requesting compensation from the other driver’s insurance company. It can take anywhere from one to six months for insurance adjusters to make a settlement offer. If the company denies the claim or the parties can’t reach an agreement, the lawyer can prepare a notice of intent to sue and file a formal lawsuit with the appropriate court.

• How do many motorcycle crashes happen?

  The most common causes for motorcycle collisions are drunk driving, exceeding the speed limit, and left turns. In 42% of all motorcycle collision fatalities, another vehicle turned left in front of an oncoming motorcycle. Motorcycle accidents are also caused by dangerous road conditions, such as crumbling pavement, debris in the road, and potholes. Other factors that contribute to motorcycle accidents include unsafe lane changes, sudden stops, lane splitting, inexperienced drivers, motorcycle defects, and car doors opened in the path of a motorcycle.

• How many motorcyclists get into accidents?

  In 2017, of the over 8 million motorcycle riders that year, approximately 89,000 were injured in motorcycle accidents and over 5,000 motorcycle collisions resulted in fatalities. The fatality rate for 100 million miles driven is 25.67, which is largely attributed to the lack of helmet use. Most fatal crashes involving motorcycles happened during the heaviest traffic times between 3 p.m. and 9 p.m.

• Are motorcycles more dangerous than cars?

  Motorcycles are more dangerous than cars because they lack any protection for the rider in the event of an accident. Motorcyclists are 27 times more likely to die in a crash and more than five times more likely to be injured than those riding in enclosed vehicles. Because of their small size, motorcycles’ lack of visibility is a major contributing factor in collisions with other vehicles. Motorcycles are also more vulnerable to weather conditions and road hazards than other automobiles.

• How do you check a motorcycle after a crash?

  For a minor crash with no injuries, the immediate danger is being struck again by oncoming traffic, so moving your bike off of the road as soon as possible is imperative. Check your mirrors, brake lights, headlight, and controls. You should also check to make sure there is no leaking fluid, such as fuel or oil.