Given the size of bicycles in relation to motor vehicles and the limited amount of protection they provide to bicyclists, it may come as no surprise that bicycle accidents can result in severe injuries. If you were injured in a preventable bicycle accident due to the recklessness or negligence of a motor vehicle driver, inadequate city safety measures or defective equipment, you may be eligible to file for compensatory damages.
At Cullan & Cullan, our attorneys have years of experience representing the victims of accidents. We believe it is our purpose to hold negligent parties accountable for the serious harm they cause others. We are proud to boast medical degrees in addition to our law degrees, giving us the proper resources to delve into the medical aspects of a case. Although we cannot change the past, our attorneys will fight relentlessly for your rights and to prevent the same tragedies from happening to other families.
Contact Cullan & Cullan online today to schedule a free case evaluation with an Omaha bicycle accident lawyer.
Are Bicycle Accidents Common?
Unfortunately, bicycle accidents happen quite frequently despite bicycle safety initiatives, national calls for safe bicycle lanes and bicycling events aimed at raising awareness for rider safety. In the United States, there were more than 800 fatalities resulting from bicycle accidents in 2018, according to the National Highway Traffic Safety Administration (NHTSA).
With bicycling becoming more popular in recent years for its status as an environmentally friendly mode of transportation and way to explore your town, the future of bicycle accidents will rise if drivers do not prioritize safety when they encounter bicyclists on the road. The NHTSA reports that the majority of those fatalities in 2018 could have been prevented if one or both parties remained attentive.
What Qualifies for a Bicycle Accident Claim?
Negligence can take many forms in a bicycle accident case, including but not limited to:
- Inadequate room on the road, such as the absence of a bicycle lane
- The sale of defective bicycle safety equipment
- Distracted or reckless driving
- Drowsy driving
- Driving under the influence of alcohol or drugs
- Failure to yield the right of way to a bicyclist
- Unsafe lane changes
- Weaving through traffic
If this carelessness on the part of another party led to your injury, it is likely that a lawyer can help you fight for compensation. Some injuries that would provide grounds for a case are: lost limbs, broken bones, injuries to the brain or spinal cord, as well as injuries to internal organs. Cyclists may also suffer from road rash, which could then lead to infections.
Compensation Available to Injured Cyclists in Nebraska
If you successfully establish negligence for your claim, you could be compensated for pain and suffering, lost wages, metal anguish, emotional trauma, reduced quality of life, medical bills and/or for any harm the bicycle accident brought to you. However, it is important to note that your compensation will be adjusted according to liability. The state of Nebraska employs a comparative negligence law, so if you are deemed partially liable, then your compensation will be reduced.
Since Nebraska subjects bicyclists to traffic laws just as it does motor vehicle drivers, any traffic violations on your part that led to the collision will be taken into account by the court. In some cases, a traffic violation could render the bicyclist fully accountable for the accident and, thus, ineligible for compensation.
Bicycle Laws in Nebraska
Bicyclists are mandated to follow a few different laws than motor vehicles. They are restricted from the following:
- Riding on interstate highways or freeways
- Entering the path of a vehicle without enough space for it to stop
- Carrying items that prevent them from keeping one hand on the handlebars
- Carrying more riders than the bicycle was designed to handle
- Attaching their bicycles to another vehicle to be pulled
The law further requires bicyclists to remain firmly attached to their bicycle’s seat and have both feet on the pedals at all times.
Nebraska’s “3-Foot Law”
According to Nebraska statute 60-6,133, drivers are required to leave a buffer of 3 feet between a bicyclist and their vehicle when passing them on the road. Unfortunately, drivers often neglect this law, as the failure to give a bicyclist ample room when passing is a common cause of bicycle accidents.
Cullan & Cullan Wants to Help You Fight Injustice
Cullan & Cullan proudly represents clients in large and small cases. We are nationally recognized for our dedication to advocating for accident victims by the Inner Circle of Advocates, the National Board of Trial Advocacy and the National Trial Lawyers. These are just a few of our attorneys’ impressive accomplishments. Over our many years of practice, we have won clients millions of dollars in rightful compensation, often breaking records with our astounding case results. Our attorneys would be honored to help you get back on your feet after an accident. We will make you and your case our main priority.
Call Cullan & Cullan at (402) 882-7080 to speak to a bicycle accident lawyer in Omaha.