If you or someone you love has recently been injured in a bicycle accident in Lincoln or the surrounding area, the attorneys at Knowles Law Firm can help you seek financial compensation for your medical bills and other losses.
We understand how difficult it is to recover from a traumatic bicycle accident. Our lawyers will be here for you throughout the legal process, guiding you forward with personalized legal services and attention to detail. Contact us today for a free case consultation.
Why Choose Us?
- Our lawyers have handled bicycle accident cases for victims in Nebraska for decades. Brothers and partner attorneys Jim and Bob Knowles each have more than 30 years of experience.
- We have obtained millions of dollars in settlements and verdicts for our clients, including many traffic accident cases where clients received seven-figure awards.
- We work on a contingency fee basis, meaning no fees are charged for our legal services unless you win your bicycle accident case and recover financial compensation for your losses.
How a Bicycle Accident Attorney Can Help
Hiring a lawyer to represent you during a bicycle accident insurance claim can significantly help you with the legal process during this difficult time. Your Lincoln personal injury lawyer will understand Nebraska’s bicycle accident laws and how to apply them to your specific case.
Hiring an attorney in Lincoln can come with numerous benefits, including:
- Legal advice and guidance that you can trust.
- A tailored legal strategy for pursuing compensation.
- Assistance with confusing legal paperwork.
- Bicycle accident investigation and evidence collection.
- Hiring highly qualified experts to testify.
- Negotiations with an insurance company on your behalf.
- Litigation during a personal injury trial, if necessary.
An attorney will not be intimidated by car insurance companies or the tactics they often use to underpay claimants. You can trust your lawyer to use aggressive legal strategies against insurance claims adjusters to achieve optimal case results on your behalf. Meanwhile, you can focus your time and energy on healing from your bicycle accident injuries.
Common Causes of Bicycle Accidents in Lincoln, Nebraska
Most bicycle accidents in Lincoln trace back to negligence, or the failure to exercise the degree of care that a reasonable person would in the same circumstances. When negligence results in injury or harm to someone else, the negligent party can face liability, or financial responsibility, for the victim’s losses.
Many bicycle accidents are caused by driver errors that risk the safety of others, such as:
- Speeding
- Distracted driving
- Texting while driving
- Failing to yield the right-of-way
- Following too closely
- Unsafe passing
- Illegal turns
- Road rage or reckless driving
- Running red lights and stop signs
- Driving under the influence of drugs and alcohol
- Driving or parking in bicycle lanes
- Dooring
In other cases, bicycle accidents are caused by poor weather and road conditions. If a road in Lincoln is poorly maintained by the local government and contains dangerous potholes, uneven road surfaces or other defects, this increases the risk of bicycle accidents.
Who Is Liable in a Lincoln Bicycle Accident?
Nebraska is a fault-based car insurance state. This means the person or party responsible for causing a crash must pay for the victim’s medical bills and property damage. After a bicycle collision, the at-fault driver could be held liable for the bicyclist’s injuries and related losses.
All motor vehicle operators in Nebraska are required to carry the following amounts of liability insurance to pay for accidents:
- $25,000 per person and $50,000 per accident in bodily injury coverage
- $25,000 in property damage coverage
- $25,000 per person and $50,000 per accident in uninsured motorist bodily injury coverage
If a third party – such as a bicycle manufacturing company or the government responsible for maintaining a safe roadway – is found to be at fault for an accident, this party may be held liable instead of or in addition to a motor vehicle driver. An attorney at Knowles Law Firm can investigate your bicycle accident to identify all liable parties.
What Is the Comparative Negligence Law?
Nebraska Revised Statute 25-21,185.09, the state’s modified comparative negligence law, states: “Any contributory negligence chargeable to the claimant shall diminish proportionately the amount awarded as damages for an injury attributable to the claimant’s contributory negligence but shall not bar recovery, except that if the contributory negligence of the claimant is equal to or greater than the total negligence of all persons against whom recovery is sought, the claimant shall be totally barred from recovery.”
Under this rule, an injured bicyclist can recover financial compensation from all parties that are found to be 50 percent or more at fault for causing the crash. If the victim is allocated a percentage of fault, his or her financial recovery will be reduced by a proportionate amount.
For example, if you are assigned 15 percent of the fault for a bike accident for inattention but the driver who hit you is given 85 percent for running a red light, your financial recovery would be reduced by 15 percent. A $100,000 award in this case would be reduced by $15,000 for a total recovery of $85,000 from the driver.
As long as you are found to be less than 50 percent responsible for your bicycle accident in Lincoln, you will still be eligible for damages. If you are allocated more than the majority share of fault for the crash, your ability to recover compensation will be barred.
Types of Bicycle Accident Injuries
Bicyclists are known as vulnerable road users, or individuals who have the highest risk of suffering fatal injuries in traffic accidents. According to the Nebraska Department of Transportation, 174 cyclists were injured and 1 died in 2020. Many bicyclists’ lives are never the same after getting involved in accidents.
Types of injuries often suffered in bike accidents include:
- Broken bones
- Fractured skulls and head trauma
- Traumatic brain injuries
- Back and neck injuries
- Spinal cord injuries
- Permanent paralysis
- Lower extremity injuries
- Internal injuries and organ damage
- Lacerations
- Road rash
- Scarring and disfigurement
- Amputations
- Wrongful death
At Knowles Law Firm, we can use our knowledge of the law to help bicycle accident victims who have suffered all types of physical and emotional injuries. We will help you get the medical care you need and pursue just compensation for weeks, months or a lifetime of related medical costs.
What Types of Damages Can I Recover After a Bicycle Accident?
It may not be possible to reverse the harm caused by a bicycle accident in Lincoln, but the civil justice system provides a way for a victim to be made whole again. While no amount of money can make up for a serious bicycle accident injury, collecting financial compensation by holding someone accountable can make it easier to move forward.
Two main categories of damages are available in a personal injury claim in Nebraska:
- Economic damages: financial losses sustained by the victim due to the bicycle accident, such as past and future medical bills, bicycle repairs or replacement, lost wages, disability costs, and lost capacity to earn.
- Noneconomic damages: any losses that are not monetary in nature, also known as pain and suffering. These may include physical pain, emotional distress, mental anguish, psychological trauma and loss of enjoyment of life.
The specific damages you could be eligible to recover can vary depending on the case. For example, if you need to file a wrongful death claim for a fatal bicycle accident in Lincoln, your family may be eligible to recover the cost of your loved one’s funeral and burial.
Is There a Time Limit on Filing a Bicycle Accident Claim?
Yes. A law called the statute of limitations places a time limit on a bicycle accident victim’s ability to file a personal injury lawsuit in Nebraska. Under state law, most victims are given four years from the date of the accident or discovery of injuries to file a lawsuit. Nebraska Revised Statute (NRS) 25-207 states:
“The following actions can only be brought within four years: (1) An action for trespass upon real property; (2) an action for taking, detaining or injuring personal property, including actions for the specific recovery of personal property; (3) an action for an injury to the rights of the plaintiff, not arising on contract, and not hereinafter enumerated; and (4) an action for relief on the ground of fraud, but the cause of action in such case shall not be deemed to have accrued until the discovery of the fraud, except as provided in sections 30-2206 and 76-288 to 76-298.”
It is important to file a bicycle accident injury claim in Lincoln sooner rather than later. Certain circumstances can lengthen or shorten the filing deadline. Contacting an attorney as soon as possible can help ensure you meet your legal time limit. Note that the statute of limitations only applies to a personal injury lawsuit; it does not apply to insurance claims, which should be filed much sooner.
What Are Nebraska’s Bicycle Laws?
Nebraska has numerous bicycle laws to help improve the safety of cyclists. All motor vehicle drivers must respect these laws and abide by them when driving near and around bicyclists. Violating one of these bicycle laws could result in a devastating collision.
Bicyclists also have laws they must obey to avoid accidents. For example, NRS 60-6,317 states: (1)(a) Any person who operates a bicycle upon a roadway at less than the normal speed of traffic at the time and place and under conditions then existing shall ride as near to the right-hand curb or right-hand edge of the roadway as practicable except when:
- (i) Overtaking and passing another bicycle or vehicle proceeding in the same direction;
- (ii) Preparing for a left turn onto a private road or driveway or at an intersection;
- (iii) Reasonably necessary to avoid conditions that make it unsafe to continue along the right-hand curb or right-hand edge of the roadway, including fixed or moving objects, stopped or moving vehicles, bicycles, pedestrians, animals, or surface hazards;
- (iv) Riding upon a lane of substandard width which is too narrow for a bicycle and a vehicle to travel safely side by side within the lane; or
- (v) Lawfully operating a bicycle on the paved shoulders of a highway included in the state highway system as provided in section 60-6,142.
Bicyclists must abide by the same traffic rules and regulations as motor vehicle drivers. As a bicyclist in Lincoln, you can reduce your risk of getting into an accident by using bike lanes wherever available, paying attention to your surroundings and wearing brightly colored clothing. This can make you more visible and your movements more predictable to surrounding drivers.
Bicycle Accident FAQs
Bicycle crash victims are often left with questions regarding their financial recovery options and what to do next. We hope these frequently asked questions can give you greater insights into your legal rights.
Who is responsible for paying for my bicycle accident?
This answer depends on who or what caused the crash. The liable party could be a negligent motor vehicle driver, the manufacturer or distributor of a defective bicycle part, a government agency for a dangerous road hazard, a third party, or a combination of multiple parties.
What if I was not wearing a bicycle helmet at the time of the crash?
Not wearing a helmet will not make you at fault for the accident. If someone else caused the crash, that person or party will still be responsible for your losses. In addition, since Nebraska law does not require cyclists to wear helmets, failing to do so is generally not a usable defense against liability for a bicyclist’s injuries.
When should I hire a bicycle accident lawyer in Lincoln?
You should hire an attorney without delay. A lawyer can use years of experience and an extensive knowledge of the law to build a strong legal strategy from the very beginning of your case, improving your odds of case success.
For answers to additional questions and legal advice that is tailored to your specific case, contact Knowles Law Firm to request a free consultation with our experienced Lincoln bicycle accident attorney.
Contact Our Lincoln Bicycle Accident Attorney Today
If you have been injured in a bicycle accident in Lincoln, you do not have to deal with the repercussions alone. The attorneys at Knowles Law Firm are here to help you hold someone accountable.
For more information about how we can help you, contact us to schedule a free consultation. We will ask you questions about your bike accident, listen to your story and help you take legal action at no cost or obligation.
Our lawyers are dedicated to seeking justice on behalf of injured bicyclists in Lincoln and throughout Nebraska. Call (402) 999-4839 today for a free case review.
