Omaha, NE Motorcycle Accident
Data from the Nebraska Department of Transportation shows that 20 motorcyclists were killed and 496 were injured in traffic accidents in 2016. While motorcyclists represent just a fraction of accident victims, they often suffer life-altering injuries and incur exorbitant medical bills.
What are the Biggest Dangers for Bikers?
The road can be treacherous for anyone, whether they are driving a car, crossing a busy street as a pedestrian or riding a motorcycle.
Motorists
By far the biggest danger to motorcyclists is motorists. Too many drivers are oblivious to their surroundings and hardly notice the other cars around them, much less a motorcycle which have significantly smaller profiles. Drivers are blind to motorcycles and are responsible for the majority of crashes with bikes. Turning into the path of a motorcyclist or rear-ending a bike are both standard negligent driving behaviors.
Road Conditions
When you’re driving a car, SUV or truck, a pothole, a patch of ice or a rock won’t affect your driving at all, but such things are potentially deadly hazard motorcycle, scooter or bicycle.
Motorcyclists Themselves
Sometimes bikers are their own worst enemies and put themselves in grave danger. Two commonplace habits are drinking and driving and refusing to wear a helmet. Some facts you should know:
14 percent of traffic fatalities in the U.S. involve motorcyclists (III)
43 percent of fatal motorcycle accidents are caused by impaired riders (NHTSA)
Motorcyclists are 27 times more likely to suffer deadly injuries than occupants of closed vehicles
Helmets saved 1,772 lives in 2015 (III)
Nebraska law requires motorcyclists and scooter or moped operators to wear a helmet.
Victims of motorcycle accidents often suffer the following injuries:
Amputation
Broken Bones
Road rash
Spinal Injuries
Traumatic brain injuries
What Types of Compensation Can I Recover After a Motorcycle Crash?
When a negligent motorist causes you harm, you may be eligible for the following compensation:
Medical expenses, including but are not limited to surgeries, hospital stay, and medications
Costs of rehabilitation, physical therapy, and assistive medical equipment
Loss of income due to temporary disability
Emotional distress
Wrongful death
Punitive damages
Damages for long-term disability
Costs of Motorcycle Crashes in Nebraska
The Nebraska Department of Transportation estimates that motorcycle crashes alone cost the state over $59 million. The financial costs are also great for the individual. Following is the average cost of motorcycle accidents in Nebraska by severity:
- Fatal- $1.5 million
- Disabling injury- $88, 500
- Non-visible injury- $25,600
- Possible Injury- $21,000
- Property damage only- $4,200
Aside from the property damage, most injured motorcyclists can’t afford to cover the costs of their injuries. And they shouldn’t have to, especially if they did nothing wrong. When you retain a personal injury lawyer, you can be confident you’ll get the full amount of compensation owed to you.
How Do I Deal with Insurers?
Very few negligent drivers have the cash flow to cover the costs of a motorcycle accident, so victims must recover accident compensation from the responsible party’s or parties’ insurer/s. Most accident victims will have to deal with an insurer to cover their expenses, and that can become annoying because insurers have tactics they employ to limit their liability. Below are explanations of a few of those tactics so that you can develop a counter strategy:
Downplaying Your Injuries
It’s common for an insurance company to downplay your injuries and claim they are not as serious as you allege. Or, they may accuse you of feigning your injuries and exaggerating about the impact those injuries have had on your life. Since serious injuries can result in high payouts, an insurance company will fight tooth and nail to keep the amount they pay you low.
An insurer would have a stronger argument if you failed to get medical attention right away. That is why you need to see a doctor or go to a hospital or urgent care in Omaha immediately after your wreck.
Urgent Care Centers in Omaha:
Crossroads Urgent Care
325 N 72nd St.,
Omaha, NE 68114
Rockbrook Urgent Care
2821 S 108th St #3,
Omaha, NE 68144
Urgent Care of Omaha
8814 Maple,
Omaha, Ne 68134
Hospitals in Omaha:
Nebraska Methodist Health System
8511 W Dodge Rd.,
Omaha, NE 68114
University of NE Medical Center
S 42nd St & Emile St.,
Omaha, NE 68198
Placing part of the blame on you
The easiest way to limit liability for a car crash is to place part of the blame on another, usually the victim. Nebraska uses what is called a “comparative fault standard” when more than one party is responsible for a crash. Under that standard, each party’s actions are assigned a percentage of liability based on their actions. For example, if you were rear-ended by a motorist while making a turn but didn’t use your turn signal, the opposing party can claim you were partly to blame. By that standard, you could see a 10 to 20 percent reduction in your final settlement amount for not using a turn signal.
Delaying your claim
Sometimes insurance companies are eager to settle a claim and will approach a motorcyclist with an offer soon after a wreck. But other times, an insurance adjuster may put your claim on the back burner
They may ignore your calls and wait for days to return your messages with the hope that you abandon your claim. These tactics are often reserved for accident victims who don’t have legal representation, and they work. Injured motorcyclists or their loved ones get tired of being ignored and settle for less than they deserve out of sheer frustration.
Motorcycle insurers have adjusters and attorneys working hard to mitigate their losses, and that can be less for you. Unless you forcefully challenge an insurers claims, you could be shortchanged and burdened with unfair costs. At USAttorneys.com we have exceptional lawyers throughout Nebraska and in Omaha who you can depend on to protect your interests. Our team of motorcycle accident attorneys knows how to counter any arguments that you deserve less and will work to obtain the full settlement you deserve.
USAttorneys.com has an office in Omaha if you’d like to learn more about our firm and our advertising services. Contact us at:
Phone: (402) 513-1532, or
1299 Farnam Street
Suite 300
Omaha, NE 68102
