Omaha Motorcycle Accident Attorney
Legally Reviewed By: Robert M. Knowles
Attorney & Partner At Knowles Law Firm
Motorcyclists remain among the least visible vehicles on the road, and many car drivers often switch lanes or merge into traffic without spotting the smaller motorcycles.
Many motorcycle accidents result in serious injuries to riders, highlighting the need for legal protection. If you’ve been involved in a motorcycle accident you should consult with an Omaha motorcycle accident lawyer to see if you qualify for compensation. Contact the Knowles Law Firm for a free initial case review.
Why Choose Our Omaha Motorcycle Accident Attorneys?
If you want your case to be successful and receive fair compensation, you need to select a great lawyer. At Knowles Law Firm, our Omaha motorcycle accident attorneys have a strong reputation for bringing our clients the outstanding results and complete compensation they deserve. We also know that victims are most likely to receive a robust financial recovery when their lawyers have a solid understanding of their client’s circumstances and needs.
We provide unique and personalized support to our clients, as well as the following:
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We have successfully recovered tens of millions of dollars for past clients.
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Our team brings together over sixty years of combined legal experience.
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Our law firm exclusively dedicates its resources and energy to personal injury law.
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We will manage all communications with insurance companies on your behalf.
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We handle Omaha motorcycle accident claims on a contingency fee basis, meaning you pay nothing unless we win.
If you have any questions about what makes us an excellent choice for you in your time of need, we encourage you to reach out to Knowles Law Firm. We pride ourselves on bringing victims the results they need, and we have a long track record of successfully representing those who retain our support.
What Are Common Motorcycle Accident Injuries?
One thing that makes most motorcycle accident claims different from standard car accident cases is the severity of the injuries involved. Unfortunately, motorcycle accidents often result in very serious to catastrophic injuries due to the unprotected nature of the rider.
In personal injury law, a catastrophic injury is one that will have long-term consequences for a victim, such as a permanent disability, the loss of an important bodily function, or lasting scarring or disfigurement. Examples of catastrophic injuries are paralysis and the loss of a limb.
We can break down some of the more common injuries suffered by motorcycle riders and their passengers.
Traumatic Brain Injuries
Even with a motorcycle helmet on, a rider could strike his or her head in an accident hard enough to cause a traumatic brain injury. A motorcyclist’s head hitting the asphalt in an accident, for example, could jolt the brain and damage its tissues and cells.
Common types of brain injuries are concussions, diffuse-axonal injuries, coup-contrecoup injuries, edemas (swelling), and hemorrhage (bleeding).
Broken Bones
A bone will fracture or break in an accident if enough pressure is exerted on it. Common motorcycle accident injuries include broken bones in the legs, feet, arms, wrists, ribs, and skulls.
A rider striking the ground or the other vehicle at a high speed can cause multiple or compound bone fractures. Broken bones are painful injuries that can result in temporary or permanent disability.
Muscle Damage
The muscles in the body may stretch, pull or tear in a motorcycle accident. This can lead to pain, swelling, bruising, a lack of mobility in the affected limb, and temporary disability while the muscle heals. Other soft-tissue injuries are also common, such as pulled tendons and damaged ligaments.
Spinal Cord Injuries
An injury to any part of the spine can cause paralysis or a loss of feeling and motor function. There is no known cure for paralysis. Paraplegia is paralysis from the waist down, while quadriplegia is paralysis from the neck down. Even minor back and neck injuries, such as whiplash or a herniated disc, can be painful and cause temporary disability.
Burns or Road Rash
If a motorcycle accident results in a vehicle fire, the motorcyclist could suffer severe burn injuries. Another common soft-tissue injury in a motorcycle accident is road rash, where the skin suffers abrasions caused by friction from contact with the asphalt.
A motorcyclist’s unprotected skin scraping across a hard surface can lead to road rash, permanent scarring, and traumatic tattooing.
Amputations
An amputation, or loss of limb, could result from a motorcycle accident in Omaha, either traumatically or medically. If the motorcyclist’s arm gets trapped beneath a car, for example, it could cause traumatic amputation or a loss of the limb at the scene of the accident.
In other cases, an injury to a limb or digit could be too severe for doctors to repair, resulting in the need for a medical amputation to save the motorcyclist’s life.
Internal Injuries
The internal organs are susceptible to injuries in a motorcycle accident. A broken rib could puncture a lung, for example, or the motorcyclist could get run over by a car, resulting in crush injuries and internal bleeding. Internal injuries may not show symptoms right away and can be difficult to diagnose. They can cause permanent organ damage and, in many cases, death.
Some motorcycle accidents result in death. A wrongful death occurs when a life is lost due to another’s wrongful actions, neglect, or failure to act. At Knowles Law Firm, our Omaha wrongful death attorneys represent surviving family members in these types of lawsuits to pursue justice and financial compensation for surviving loved ones. If you lost a loved one in Omaha in a fatal motorcycle crash, we can assist you in holding those responsible accountable.
Who Is Liable In An Omaha Motorcycle Accident?
The liable party for a motorcycle accident depends on its proximate cause. The person or entity behind the main cause of the motorcycle accident will be accountable for damages. Identifying the defendant after a serious motorcycle accident often requires the assistance of an motorcycle accident attorney.
One or more parties could owe you and your family compensation for causing the preventable collision and your related damages, including the following:
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A Motor Vehicle Driver: If you suffered injuries in a collision with a drunk, drugged, fatigued, distracted, reckless, or negligent motorist, the driver could be liable for your losses. You may find proof of driver negligence in photographs, cellphone records, police reports, or eyewitness statements.
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A Motorcycle Manufacturer: Motorcycle manufacturers may be liable if a defective or malfunctioning part contributed to your accident or injuries. Strict liability laws may prevent you from having to prove negligence to hold the manufacturer accountable.
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A Road Owner: Road owners may be liable if road defects like potholes or unsafe construction zones cause a motorcycle to crash. This could be a private party or, more likely, the government. Claims against the City of Omaha have different rules for filing, so work with an Omaha motorcycle accident attorney for assistance.
In Nebraska, state law (Revised Statute 25-21,185.10) says more than one defendant could be jointly and severally liable for a victim’s damages. Multiple defendants may have to pay you for the full amount of your economic damages and a portion of your non-economic damages, according to each party’s percentage of fault.
In addition to the above parties, other individuals may also be liable for your losses, including the following:
- Owner or renter of the property
- Employee or employer of the premises
- Manufacturer of other vehicles, parts, or equipment
- City or state government entity
- Another motorcyclist
- Passengers or pedestrians
- Those responsible for maintenance
An accident attorney from The Knowles Law Firm can help you identify the defendant(s) that may owe you compensation and hold them responsible for your recent motorcycle accident.
What Types of Damages Can I Recover After a Motorcycle Accident?
Given their minimal protection compared to larger vehicles, motorcyclists are highly susceptible to serious injuries even in minor accidents. The recovery time for these injuries can vary, but often require weeks of medical care.
As a motorcycle injury victim, you shouldn’t have to bear the burden of medical expenses and lost wages due to your injuries. The responsible party should be held accountable for your injuries. A personal injury attorney can assist you in walking through the claim amounts, which typically include:
- Medical expenses, including medical bills
- Rehabilitation expenses
- Lost wages
- Future earnings
- Pain and suffering
- Loss of consortium
An experienced personal injury attorney will help you calculate the amount in damages that you are entitled to now and in the future. Therefore, it’s crucial not to settle with the insurance company soon after the accident.
Insurance claims adjusters for the responsible party often try to coerce victims into signing settlement agreements. However, accepting a settlement might prevent future claims and typically only covers immediate financial needs. Settlements frequently overlook ongoing medical costs, lost wages, and emotional trauma.
How Not Wearing a Motorcycle Helmet Can Affect Your Claim
The helmet defense is a dispute against liability for a motorcyclist’s injuries due to the argument that the injuries would have been prevented had he or she been wearing a helmet. Not all states allow for the helmet defense, but it is a defense in Nebraska.
If the defendant proves that wearing a helmet would have likely prevented or lessened your injuries, Nebraska’s comparative negligence rule may reduce your financial recovery according to your share of fault.
Whether or not this defense applies depends largely on the nature of your injuries and whether the other driver can be held responsible for them:
Head and Brain Injuries
The helmet defense is most common when a motorcyclist is claiming compensation for head and brain injuries. If you are diagnosed with a traumatic brain injury and the defense can prove that a helmet would have prevented the injury with at least a 51 percent certainty, this could reduce or take away your financial recovery.
Neck Injuries
Neck injuries fall into a gray area; helmets can sometimes prevent these injuries in motorcycle accidents, though not always. In some cases, a helmet can keep the head and neck aligned in an accident and diminish the force of the impact, reducing or preventing a neck injury. In other cases, the motorcyclist would have sustained the injury even with a helmet.
Bodily Injuries
It is unlikely that the helmet defense can negate liability for bodily injuries sustained by a motorcyclist. Broken bones, lacerations, bruising or road rash on areas other than the head could not reasonably be prevented by wearing a helmet. Therefore, the motorcyclist will still be able to seek full financial compensation for his or her injuries.
Comparative Negligence in Nebraska Motorcycle Accidents
Do not assume that you are ineligible for financial compensation if you’ve been in a motorcycle accident while you were not wearing a helmet. In Nebraska, your comparative negligence and even the fact that you broke the state’s motorcycle helmet will not bar you from financial compensation, as long as your percentage of fault is less than the total negligence of all defendants.
However, it could reduce your financial recovery by your degree of fault.
For example, if failing to wear a helmet places 25 percent of the fault for your injury with you, a $100,000 settlement would be reduced by 25 percent to $75,000. If your lack of helmet wearing places the majority share of fault with you for an injury that you are claiming, you will be unable to hold the defendant liable for that injury.
You may still be eligible for compensation for injuries to other parts of your body, however. An attorney at Knowles Law Firm can determine what role the helmet defense might play in your motorcycle accident case, if any.
Is There a Time Limit on Filing a Motorcycle Accident Claim?
Work fast to bring a claim after a harmful motorcycle accident in Nebraska. The state has a strict statute of limitations or deadlines to file. If your lawyer does not file your paperwork by this deadline, the courts will most likely dismiss your case.
The statute of limitations on a personal injury claim in Nebraska is four years from the date of the accident or discovery of an injury. If a family member died in a motorcycle collision, you have two years from the date of passing to file a wrongful death claim. Contact an Omaha motorcycle accident lawyer as soon as possible to make sure you meet your deadline.
How Can an Omaha Motorcycle Accident Attorney Help?
An attorney with experience in motorcycle accident law can support you in many ways as you navigate your case. When you work with an attorney from Knowles Law Firm, we can support in ways including, but not limited to, the following:
- Conduct an independent investigation into the accident
- Work with medical professionals
- Negotiate with every party to recover a satisfactory settlement
- Prepare your case for court
- Collect evidence to prove liability
- Communicate with the other parties on your behalf
- Organize and present the evidence in order to prove liability and damages
- Access research methods and tools only available to legal professionals
- Quicker delivery of documents from law enforcement and doctors
- An understanding of the legal system and how to make it work for you
Further, when you work with Knowles Law Firm, you know you have excellent representation by your side. Our proven track record includes the following:
- No fees unless we win your motorcycle accident case
- 100% free consultation
- Millions recovered for accident victims
We encourage you to refrain from representing yourself during your legal matters, especially if you are still healing from serious injuries. Self-representation generally brings about less-than-ideal results. However, by working with an attorney from Knowles Law Firm, you are more likely to receive complete compensation, reduce time spent in litigation, and experience less stress.
Please contact our firm as soon as possible, as this will allow us sufficient time to collect evidence, understand your needs, and build arguments in favor of your claim. This will help ensure you receive fair and complete compensation.
You can reach out to us whenever you are available, and we’ll be happy to support you during your case. Knowles Law Firm looks forward to working with you and assisting you through these difficult times.
Who Needs to Work With a Lawyer?
While there is no requirement that you work with an attorney we strongly recommend you contact an attorney to see if representation would benefit you. Working with a lawyer will reduce your stress and confusion while recovering from injuries caused by a negligent motorist.
You may be hesitant to contact a lawyer because you fear the cost to speak to or retain an attorney will be too high.However, there are no upfront costs to retain a personal injury lawyer from Knowles Law Firm. We are only paid an attorneys fee if we make a recovery for you in your motorcycle accident case. That fee is usually a percentage of the settlement from the insurance company. You will not ever be required to reach into your own pocket to pay us. There is no reason to manage your motorcycle accident claim alone.
Insurance companies are less likely to give you fair compensation when you work alone. They will take advantage of accident victims because they do not have near the knowledge and experience as an insurance claims adjuster. Hiring an attorney can help ease your financial stress by stopping medical creditors from trying to collect from you while you are recovering. An experienced personal injury attorney can provide assurance that the negative financial impact you are feeling after the accident will be more than made up for in a settlement with the insurance company.
Remember, when you work with an attorney from Knowles Law Firm during your motorcycle accident claim, we offer confidential and free consultations. We also work on contingency, meaning you only pay for our services when you win your claim.
Contact Our Omaha Motorcycle Accident Lawyers Today
If you or a loved one have been injured in a motorcycle accident, do not hesitate to contact the injury attorneys at Knowles Law Firm. Our attorneys have years of experience in assisting our clients with motorcycle accident claims. We understand that this may be one of the most serious injuries you have ever faced and we want to help you every step of the way until you reach full recovery.
We want to help you in the same way we’ve helped other victims, including those who have obtained multi-million dollar settlements. We encourage you to get in touch with our firm at your earliest convenience. Contact our Omaha, Nebraska office today for your initial free consultation and put our experience to work for you. Call (402) 242-3030 or complete our contact form today.
Frequently Asked Questions About Motorcycle Accidents in Omaha
How much are most motorcycle accident settlements?
The amount of motorcycle accident settlements can vary widely based on factors such as the extent of injuries, liability, insurance coverage, and other circumstances specific to each case. Settlements may range from thousands to hundreds of thousands of dollars or more, depending on the severity of damages and losses suffered.
What should you do if you are a victim of a motorcycle accident?
If you’re a victim of a motorcycle accident, prioritize your safety and seek medical attention immediately. Document the scene with photos, gather witness information, and report the accident to the police. Contact your insurance company and consider consulting a motorcycle accident attorney to understand your legal options for seeking compensation.
Who is responsible for most motorcycle accidents?
In Omaha, NE, responsibility for motorcycle accidents can vary. Common causes include driver negligence, such as failing to yield or driving under the influence, as well as hazardous road conditions or defective vehicle parts. Determining responsibility often involves investigating the specific circumstances of each accident.
About Our Attorney
Robert M. Knowles
Attorney & Partner at Knowles Law Firm
Robert has tried cases in both state and federal courts and was selected as one of the top 100 litigation lawyers in Nebraska for 2014 by the American Society of Legal Advocates. Less than 1.5 percent of lawyers nationally are selected for this recognition. He is rated AV by Martindale-Hubbell which is the highest rating an attorney can obtain. He was also selected by Martindale-Hubbell as a 2019 Top Rated Lawyer.
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