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Omaha Bicycle Accident Lawyers
Helping injured cyclists get back on their feet after a serious crash
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A bicycle offers almost no protection when a cyclist is struck by a car or truck. Even a collision that leaves little damage to the vehicle can leave the person on the bike with broken bones, bruises, or a serious head injury. These injuries can require days, months, or even years of medical treatment.
At Inserra Kelley Cooper Sewell, our team understands that a bicycle accident can affect your health, your ability to work and the activities that were part of your everyday life before the crash. Our Omaha bicycle accident lawyers help injured cyclists understand what happened, deal with the insurance companies and pursue compensation from those responsible.
How We Can Help
- Why bicycle accident cases can become complicated
- Nebraska bicycle laws and cyclists’ rights
- Common causes of bicycle accidents
- Serious injuries after a bicycle crash
- Who may be responsible for a bicycle accident?
- How we investigate bicycle accident claims
- What compensation may be available?
- What if the cyclist was partly at fault?
- How long do you have to file a bicycle accident claim?
- What should you do after a bicycle accident in Omaha?
- Omaha bicycle accident frequently asked questions
- Do you have an Omaha bicycle accident lawyer near me?
Why bicycle accident cases can become complicated
When a driver and cyclist collide, the insurance company may immediately start looking for reasons to blame the cyclist. Was the rider in a bike lane? Did they signal? Were they visible? But those answers do not automatically determine who was responsible.
A bicycle crash needs to be investigated just like any other serious traffic collision. Driver behavior, sight lines, traffic signals, vehicle speed, road conditions, witness statements and physical evidence can all help to explain what actually happened.
Because cyclists can suffer major injuries without extensive damage to the vehicle that hit them, medical evidence is also especially important. A bent wheel or scraped bumper does not tell the story of what the crash did to the person riding the bicycle.
Nebraska bicycle laws and cyclists’ rights
Cyclists generally have a legal right to use Nebraska roads. Under Nebraska law, a person riding a bicycle on a highway generally has the same rights and responsibilities as the driver of a vehicle, subject to rules specifically written for bicycles.
Nebraska also requires drivers passing a bicycle traveling in the same direction to exercise due care and, when applicable, leave at least three feet of clearance. Additional vulnerable-road-user rules may require drivers to move at least one lane away or reduce speed when approaching or passing a cyclist.
Cyclists traveling slower than surrounding traffic generally ride as near to the right side of the roadway as practicable, but the law recognizes several important exceptions. A cyclist can move away from the edge to avoid hazards, pass another vehicle, prepare for a left turn or use a lane that is too narrow for a bicycle and vehicle to safely travel side by side.
These rules matter after an accident. A driver or insurer should not assume a cyclist was at fault simply because the bicycle was not hugging the curb.
Common causes of bicycle accidents in Omaha
Some bicycle crashes happen in an instant because a driver simply does not see the cyclist. Others involve obvious unsafe driving. Common causes can include:
- Drivers turning across a cyclist’s path
- Failure to yield at an intersection
- Distracted driving
- Unsafe passing
- Speeding
- Drivers opening a vehicle door into a cyclist’s path
- Running a red light or stop sign
- Impaired driving
- Backing out of a driveway or parking space without looking
- Unsafe roadway or property conditions
A crash may also involve more than one responsible party. For example, a commercial driver may have been working at the time of the collision, or a dangerous road condition may involve a public entity or another party responsible for maintaining the area.
Serious injuries after a bicycle crash
Without the frame, seat belts and airbags of a passenger vehicle, a cyclist can absorb much of the force of a collision. Bicycle crashes may cause:
- Traumatic brain injuries
- Concussions
- Spinal cord injuries
- Fractures
- Shoulder and knee injuries
- Internal injuries
- Road rash and severe lacerations
- Facial or dental injuries
- Permanent scarring
- Amputations
- Psychological trauma
Some people recover within weeks or months. Others need surgery, rehabilitation or help managing an injury that affects them for years.
That difference matters when valuing a claim. A settlement should not be based only on the medical bills that have already arrived if doctors expect treatment, limitations or lost earning capacity to continue into the future.
Who can be responsible for a bicycle accident?
In many cases, the negligent driver is the responsible party. However, at Inserra Kelley Cooper Sewell, our investigation doesn’t end there.
Depending on what caused the crash, potentially liable parties may include:
- A driver
- The employer of a driver who was working at the time
- A company responsible for a dangerous vehicle or defective component
- A property owner whose negligence contributed to the collision
- A governmental entity responsible for certain unsafe roadway conditions
Identifying the right defendants is particularly important after a serious injury because the losses can be substantial. In some cases, there can also be more than one party at fault.
How we investigate bicycle accident claims
Bicycle accident cases are often built on evidence. Depending on the circumstances, our investigation may include:
- Police crash reports
- Damage to the bicycle
- Photographs and video from the scene
- Nearby surveillance footage
- Witness statements
- Vehicle damage
- Cell phone records when distraction is suspected
- Medical records
- Traffic-signal information
- Accident reconstruction
- Evidence concerning road design or maintenance
Many Omaha bicycle accident cases will settle, but at Inserra Kelley Cooper Sewell, we prepare cases for trial. That means preserving evidence early and understanding how the collision happened and what our client lost.
What compensation may be available after a bicycle accident?
When someone else’s negligence causes an injury, compensation may address both financial losses and the personal impact of the accident.
Depending on the case, damages may include:
- Medical expenses
- Future medical care
- Rehabilitation
- Lost income
- Reduced future earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Permanent disability or disfigurement
Our experienced legal team works to understand what recovery will realistically look like before determining what a case is worth.
What if the cyclist was partly at fault?
Being accused of making a mistake does not necessarily end a bicycle accident claim in Omaha.
Nebraska uses modified comparative negligence. If an injured person shares responsibility for an accident, their compensation can be reduced by their percentage of fault. However, recovery is barred if their negligence is equal to or greater than the combined negligence of the parties from whom they are seeking compensation.
Insurance companies know this rule and may try to put as much blame as possible on the cyclist. That is another reason a careful investigation matters.
How long do you have to file a bicycle accident claim in Nebraska?
Many Nebraska personal injury claims are subject to a four-year statute of limitations, but you should never assume you have four years to act. Different rules and much shorter notice requirements can apply in some cases, particularly when a state or local government entity may be responsible.
There is also a practical reason to act early. Video gets overwritten. Road conditions change. Witnesses become harder to find, and memories fade. Speaking with an attorney soon after a serious bicycle accident gives your legal team more time to preserve the evidence needed to build the case.
What should you do after a bicycle accident in Omaha?
The moments after a bicycle crash can be confusing, especially if you are hurt. Your first priority should be getting medical attention. Even if you think your injuries are minor, some symptoms can become more noticeable in the hours or days after the accident.
If possible, call the police and have the crash documented. Take photos of your bicycle, the vehicle involved, the roadway, traffic signs or signals and any visible injuries. If anyone witnessed what happened, get their name and contact information before they leave the scene.
It is also important to preserve evidence after the crash. Keep your damaged bicycle, helmet, clothing and other gear rather than throwing them away. Avoid repairing the bicycle until the damage has been photographed and documented, since its condition may help show how the collision occurred.
You should also keep copies of medical bills, repair estimates and other records related to the accident. These details can become important later when determining what happened and the full extent of your losses.
Omaha bicycle accident frequently asked questions
Should I talk to the driver’s insurance company after a bicycle accident?
You may need to provide certain basic information, but you should be careful about giving a recorded statement or discussing fault before understanding your rights. Insurance adjusters are investigating the claim on behalf of the insurance company.
What if the driver says they never saw me?
Do bicyclists have the same rights as drivers in Nebraska?
Can I recover compensation if I was not wearing a helmet?
What if poor road conditions caused my bicycle crash?
Do you have an Omaha bicycle accident lawyer near me?
Yes. Inserra Kelley Cooper Sewell is located at 6790 Grover Street, Suite 200 in Omaha.
For more than 65 years, our firm has represented injured people and families in Nebraska. We prepare every case carefully and are ready to take a case to trial when necessary.
Talk with an Omaha bicycle accident lawyer
A bicycle crash can turn an ordinary ride into months or years of appointments, bills and uncertainty. You should be able to focus on getting better instead of fighting with an insurance company.
Inserra Kelley Cooper Sewell offers free, confidential consultations. There is no upfront legal fee, and our fee is tied to a recovery for you. Contact us today. Tell us what happened, and let us explain how we can help.
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