Bicycle accident.

In Nebraska, cycling is becoming increasingly popular as a mode of transportation, exercise, and recreation. Unfortunately, the rise in popularity has increased the risk of bicycle accidents occurring.

While some bicycle accidents are minor, others are quite severe. There are over 1,000 fatalities and 130,000 injuries from bicycle crashes every year in the US. 

In some situations, auto insurance covers the cost of injuries and property damage caused by bicycle accidents. This article will discuss how car insurance could help you in the event of an accident. If you or a loved one has been injured in a bicycle accident, call Hauptman O’Brien today at (402) 241-5020 to schedule a free review to discuss your case. 

Nebraska Bicycle Accidents Can Lead to Severe Injuries

Often, motor vehicle accidents involving bicycles leave riders with catastrophic injuries. This is because cyclists do not have the same physical protections as passengers in an enclosed vehicle. 

Bicycle accident victims may suffer:

As a victim of a bicycle accident, you may be caught off guard by the cost of your medical expenses and other damages. A personal injury attorney can help you explore all of your options for compensation, including the at-fault driver’s auto insurance policy. 

Understanding Auto Insurance Laws and Bicycle Accidents in Nebraska

Nebraska operates under a fault-based insurance system. This means that the driver responsible for causing an accident is financially liable for the damages. This applies to bicycle accidents involving motor vehicles as well. 

Since Nebraska law treats bicycles as vehicles in many respects, motorists have a legal duty to share the road with bicyclists and exercise reasonable care. When a driver negligently causes a crash with a bicycle — whether by speeding, failing to yield, driving while distracted, or running a red light — his or her auto insurance typically covers the damages sustained by the cyclist. 

Types of Auto Insurance Coverage in Nebraska That Apply to Bicycle Accidents

If a motorist hits you while you are riding a bike, you may have several options for seeking compensation, depending on the insurance coverage available. 

Liability coverage

Liability insurance should cover medical expenses, lost wages, property damage, and pain and suffering for victims injured due to another driver’s negligence. If a motorist is at fault for a bicycle accident, his or her liability insurance should pay for your damages up to the policy’s limits. 

Nebraska law requires drivers to carry minimum liability insurance of:

  • $25,000 for bodily injury per person
  • $50,000 for bodily injury per accident 
  • $25,000 for property damage

Medical payments coverage

Medical Payments Coverage (MedPay) is an optional part of an auto insurance policy that covers medical expenses for injuries sustained in an accident, regardless of who was at fault. 

If a bicyclist has his or her own auto insurance policy with MedPay, it may help cover medical costs after a crash with a vehicle. 

Uninsured/underinsured motorist coverage

If the driver does not have insurance or has inadequate coverage, the bicyclist may be able to file a claim under his or her own uninsured motorist (UM) or underinsured motorist (UIM) coverage. 

Nebraska law requires every auto policy to have UM/UIM coverage as a standard benefit.

What If the Driver Blames the Bicyclist for the Accident in Nebraska?

Nebraska follows a modified comparative negligence rule. This means that if a bicyclist is found to be less than 50 percent at fault for the accident, he or she can still recover compensation. However, the amount awarded will be reduced by his or her percentage of fault. 

If the bicyclist is 50 percent or more at fault, he or she cannot recover compensation from the driver’s insurance policy. 

Drivers may make the following claims to blame bicyclists for an accident:

  • The bicyclist ran a red light or stop sign
  • The bicyclist was riding against traffic
  • The bicyclist was not using the required lighting at night
  • The bicyclist made an unpredictable or illegal maneuver
  • The bicyclist was riding on the sidewalk, where it is prohibited

Even if a driver blames the bicyclist, it is essential to investigate the accident to determine who was truly at fault. 

How Is Fault Determined in a Nebraska Bicycle Accident Case?

In an accident involving a vehicle and a bicycle, determining fault depends on the circumstances of the crash and whether either party violated traffic laws. 

Common factors used to assess fault include:

  • Traffic violations: If a driver or bicyclist violates a traffic law, he or she may be considered at fault
  • Negligence: If either party acted negligently, such as a driver being intoxicated or a bicyclist riding while texting, that party could be held responsible
  • Right-of-way rules: Many bicycle accidents occur at intersections, and right-of-way laws help determine who is legally required to yield

What to Do After a Bicycle Accident With a Motor Vehicle in Nebraska

If you are involved in a bicycle accident with a car in Nebraska, taking the right steps can protect your health and strengthen your insurance claim:

  • Call 911 and seek medical attention: Even if injuries seem minor at first, some injuries may not be immediately apparent. Get checked by emergency responders and visit a doctor as soon as possible. A medical record is important for your claim.
  • Gather evidence: Be sure to get the driver’s name, contact information, and insurance details. Take photos or videos of the accident scene. Exchange contact information with any eyewitnesses. 
  • File a police report: Nebraska law requires accidents involving injuries or significant property damage to be reported to law enforcement. The police report will serve as an essential piece of evidence for your insurance claim or legal case. 
  • Notify your insurance company: If you have auto insurance, report the accident in case UIM/UM or MedPay coverage applies. If you plan to use your health insurance, check what documentation is required. 
  • Consult a personal injury lawyer: You shouldn’t have to worry about insurance companies on top of dealing with a severe injury. A personal injury attorney can handle your insurance claim while you focus on your recovery. 

Additional Potential Sources of Compensation for Injured Nebraska Cyclists

When auto insurance is insufficient or unavailable, injured bicycle riders may seek compensation through:

  • Health insurance: Depending on your policy, you could get your medical expenses covered
  • Homeowner’s or renter’s insurance: Some policies may cover bicycle accidents
  • A personal injury lawsuit: If the at-fault driver’s insurance is insufficient, the cyclist may file a lawsuit to recover damages

A Nebraska Personal Injury Lawyer Can Help You Recover Financially After a Bicycle Accident

Making a full financial recovery after a bicycle accident may be difficult without skilled legal representation. Insurance policies are not normally easy to interpret and are often written in a way that is in the insurer’s best interests — not the injured party’s. 

Working with an experienced personal injury attorney who has extensive experience with bicycle accident cases is your best course of action. Let’s take a look at some ways a bicycle accident lawyer can help. 

1. Investigate the accident and gather evidence

A skilled personal injury lawyer will conduct a thorough investigation into your bicycle accident. 

This investigation may include:

  • Reviewing police reports and witness statements
  • Examining traffic camera footage
  • Consulting accident reconstructionists
  • Analyzing medical records to assess the extent of injuries

2. Determine liability and prove negligence

To recover compensation, you must prove that another party was at fault for the accident. Remember that if you are found to be over 50 percent liable, you may be barred from recovering compensation. Your lawyer will work to minimize your role in the bicycle accident. 

3. Handling auto insurance companies

It is unlikely that the insurance company is simply going to hand over the money you are due. In fact, insurers often try to minimize payouts or deny claims completely.

Your bicycle accident lawyer can:

  • Communicate and negotiate with insurance adjusters
  • Ensure you do not accept a lowball settlement
  • Present strong evidence to support your insurance claim
  • Take your case to court if needed

4. Calculating the full extent of your damages

A bicycle accident can leave you unable to work and dealing with major financial losses. If you don’t have a lawyer representing your best interests, you may not realize the full value of your claim, leading to an unfair settlement. 

Your personal injury lawyer can help you seek compensation for:

  • Medical expenses (current and future)
  • Lost wages 
  • Reduced earning capacity
  • Pain and suffering
  • Rehabilitation and therapy costs
  • Property damage 

5. Filing a lawsuit if necessary

Most bicycle accident claims are settled through negotiations with the insurer. However, what if the insurance company refuses to offer a fair settlement? Your lawyer can help you file a personal injury lawsuit. 

In Nebraska, the statute of limitations on most personal injury claims is 4 years from the date of the accident. However, it is recommended that you act quickly to preserve evidence and strengthen your bicycle accident case. 

Schedule a Free Consultation With Our Nebraska Bicycle Accident Lawyers Today

Auto insurance can cover bicycle accidents in various ways, depending on the circumstances of the crash and the available policies. However, insurance companies try hard to reduce payouts, so it is important to have an attorney on your side to level the playing field. 

The personal injury lawyers at the law firm of Hauptman O’Brien have many years of experience handling motor vehicle and bicycle accident cases. We can help you obtain the compensation you need to make a full financial recovery. 

We offer all bicycle accident victims a free case consultation. During the consultation, we will discuss the cause of your accident, review the details of your case, and explain the claims process. Contact us today to schedule a free case review. 

by Hauptman, O’Brien, Wolf & Lathrop
Published on

Posted in: Bicycle Accidents