What to Do After a Bike Crash in Omaha
Omaha has a thriving cycling community. On a regular drive through the city, you’ll see riders commuting on city streets, exercising on local trails, and enjoying our four seasons on recreational rides. But sharing the road with motor vehicles puts cyclists at serious risk, and it’s important for bicyclists to know their rights, what steps to take, and how to protect themselves legally.
That’s where the team at Inserra Kelley Cooper Sewell steps in to help. We are proud supporters of the cycling community, running fundraising efforts for the OPD Bike Patrol, engaging in public education for National Bicycle Safety Month, sponsoring events for organizations like Bike Walk Nebraska, and partnering with local organizations to support the cycling community. Give us a call to set up a consultation with a bicycle accident attorney.
Step 1: Get to safety and seek medical attention
Your first priority is your own safety. Staying in the road could put you at risk of being hit by another vehicle. If you can safely do so, move yourself and your bicycle out of traffic and to a sidewalk or grassy area. If you think you may have a personal injury affecting your neck, back, or head, movement could be dangerous. Avoid unnecessary movement until emergency responders show up at the scene.
You should call 911 (or tell someone at the scene to do so) if you are injured or require emergency assistance. Even if you choose not to do this because you feel fine, plan on seeking medical care after you leave the scene. Bicycle accidents can cause injuries that aren’t immediately obvious, including:
- Concussions and traumatic brain injuries
- Broken wrists, arms, and collarbones
- Neck and back injuries
- Internal bleeding or organ damage
- Road rash and other soft tissue injuries
Step 2: Report the bicycle accident and document the scene
If you were hit by a motor vehicle, report the crash to law enforcement. You should request an officer, as it’s important to document what happened and protect your future legal claim. You can still take legal action if an officer doesn’t respond to the scene, but you may find it easier with their help.
Before they leave, ask how to get a copy of the accident report. If they give you an incident number, save it in your phone so it’s easier to look up the report later.
After you’ve addressed any injuries that need immediate attention, gather evidence that is only available at the scene at the time of the crash. Take photos of the position of the bicycle and vehicle, visible damage, nearby traffic signals, skid marks, and road conditions. Get the driver’s name, contact, and insurance information. If anyone stopped to help, get their contact information.
This is also a good time to look around for possible surveillance cameras on nearby homes and businesses. Your bike accident lawyer can request footage.
Step 3: Preserve your bicycle, helmet, and other evidence
The crash scene isn’t the only source of evidence. Your bicycle and helmet are also important. Try to keep your bicycle exactly as it is, preserving its damaged wheels, handlebars, and frame components. Hang onto your helmet, especially if it is cracked or absorbed an impact. Put your torn or bloodied clothing in a bag until you can bring it to your bicycle accident attorney. Damaged lights, reflectors, and other accessories can also be useful.
Many bicyclists now track their trips on fitness or cycling apps. If you did, save GPS information from the affected trip.
Do not continue wearing a helmet that may have been damaged in a collision. Even if the helmet looks safe, it is likely compromised. Another crash could put you in even more serious danger.
Step 4: Find out which insurance policies may cover your injuries
After a bicycle accident in Omaha, there are several types of insurance coverage that could apply. The driver’s liability insurance may provide compensation for your losses, including medical expenses, lost wages, rehabilitation costs, and pain and suffering. This process can become more complicated when a driver denies liability or carries minimum coverage.
If you have your own auto insurance policy, it may also protect you after a bicycle accident. In some cases, uninsured motorist coverage may pay out when the insured is injured in a bicycle accident, and the at-fault party does not have insurance. If sufficient, underinsured coverage may bridge the gap between the driver’s coverage and your actual expenses.
Step 5: Protect your right to seek compensation and talk to a bicycle accident lawyer
This may be a good time to talk to a bicycle accident attorney in Omaha. It’s not uncommon for insurance companies to deny liability, downplay injuries, or shift blame to the bicyclist. This is particularly true in Nebraska, which follows a modified comparative negligence rule. An injured person’s compensation may be reduced proportionate to their share of fault, and compensation may be barred completely if the injured person’s negligence is the same as or greater than the combined negligence of all parties against whom recovery is sought.
Because of this, insurance companies may push aggressively to attribute as much of the crash to you as possible. Working with an attorney can help you protect your best interests.
Review Nebraska’s bicycle safety laws
Periodically, it’s important to review Nebraska’s bicycle safety laws so you know your rights and obligations on the road. Drivers overtaking a bicycle must leave at least three feet of clearance when applicable. A driver who ignores this and strikes a bicyclist may be cited, which may help when proving negligence.
Cyclists traveling slower than traffic generally have to ride as far right as practicable. They can move further left when preparing for turns, passing other vehicles, avoiding hazards, or using lanes that are too narrow for bicycles and motor vehicles to travel side by side safely.
Recognize common bicycle crash risks
Omaha has a vibrant trail system, and some areas in the metro area have a bicycle-friendly layout. They create numerous areas where bicyclists and drivers may come into contact. Riders using the Keystone Trail, Papio Trail, MoPac Trail, Field Club Trail, and connecting roadways may have to cross intersections where they encounter vehicles. Drivers aren’t always attentive to bicyclists and may ignore them when they have the right-of-way.
Large vehicles also create significant risk for bicyclists. These vehicles have sizable blind spots that can conceal entire passenger vehicles, making bicyclists particularly hard to see. Cyclists should avoid lingering in obvious blind spots whenever possible.
Start your claim with our team today
Injured in a bike accident in Omaha? At Inserra Kelley Cooper Sewell, our team of attorneys is ready to fight for you. Call us or contact us online to schedule a consultation now.