How to Determine Negligence in a Bicycle Accident Claim
Bicycle accidents can be devastating – even if the cyclist is wearing a helmet and other safety equipment. Although this gear may save the biker’s life, an accident with a motor vehicle is still likely to result in serious – and possibly life-changing – injuries.
Although bicycle accident rates in the state of Nebraska continue to fall, they are still a concern for state officials. According to the Nebraska Department of Transportation, there were 249 bicyclist injuries caused by motor vehicles in 2014, as well as two fatal accidents.
If you were in an accident with a negligent motorist, you may be able to recover compensation for expenses related to the incident. There are several important factors to keep in mind during the claims proceedings – namely, the process of assigning fault in these types of collisions.
At Rensch & Rensch Law, we can help you determine if another individual may be liable for your injuries. An Omaha personal-injury lawyer from our firm can walk you through the process of filing a civil lawsuit, and if your case goes to trial, we have the litigation experience to represent your interests in court. If you have a legitimate claim, you may be entitled to damages for medical bills and lost wages.
To schedule an appointment with an accident lawyer, call our office at 1-800-471-4100, and read on to learn about driver negligence as it relates to bicycle accidents:
Driver Negligence in Bicycle Accident Claims
According to DMV.org, as an innocent victim in a bicycle accident, you may have a right to recover damages from the negligent driver through a personal-injury claim. When you sue for damages, there are two important questions that can affect the amount of compensation you receive:
- Was the driver negligent, and did that negligence cause a specific injury to the victim?
If the driver was not negligent, then there is a possibility that he or she may not be responsible for the bicyclist’s injuries.
- Did the bicyclist contribute to the accident in any way?
If the bicyclist contributed to the accident, then the judge may rule that the defendant only needs to pay a portion of the calculated damages. This is because Nebraska is a modified comparative fault state.
What Forms Can Driver Negligence Take?
Examples of driver negligence include failing to stop at a traffic light or stop sign, speeding, driving in a bicycle lane, or blatant reckless driving. As a plaintiff, you and your lawyer must prove that the driver acted in a manner that violated a specific duty that he or she owed to you, and your injuries resulted from a violation of this duty. An experienced attorney will know how to uncover evidence that may be able to strengthen your claim.
If you were in a bicycle crash with a motor vehicle, call Rensch & Rensch Law at 1-800-471-4100. An Omaha personal-injury attorney from our firm can answer your questions and guide you through the process of filing an injury claim.
