Nebraska Motorcycle Accident Lawyer

Does Nebraska require motorcycle helmets?

Nebraska had a universal helmet law for many years, and the legislature loosened it recently so that some adult riders who meet certain conditions may ride without one. Because the rules depend on age and other requirements, our team confirms how they applied on the date of your crash.

Whether or not a helmet was required, riding without one does not bar a claim against a careless driver. Insurers may argue a helmet would have reduced a head injury, which can affect damages for that injury. It does not change who caused the crash, and it has nothing to do with a broken leg, road rash or other injuries a helmet would not have prevented.

Where do Nebraska motorcycle crashes happen most?

Many happen in Omaha and Lincoln traffic, and many more on rural highways during the summer riding months. Each setting brings different risks.

In the cities, the main dangers are drivers turning left across a rider's path, lane changes into a motorcycle in a blind spot, and rear-end crashes at stoplights. On rural routes, riders face:

• Long Sandhills highways with few services and wildlife near the road.
• Gravel spilled from field entrances and county roads onto paved highways.
• Farm equipment turning without warning.
• Heavy traffic on routes that riders use to reach the Black Hills each summer.
• Strong crosswinds on open stretches.

Road defects such as potholes, uneven pavement and missing warning signs can also cause crashes. When a county or city maintains the road, a written claim with shorter deadlines may be required.

Why are riders blamed so often, and what answers it?

Insurers know that some jurors assume motorcyclists ride recklessly. In many crashes, though, the driver simply failed to look for a smaller vehicle.

The typical defense says the motorcycle was going too fast or came out of nowhere. Evidence that answers it includes:

• Photos and measurements of sight lines at the crash site.
• Damage patterns that show speed and angle of impact.
• Helmet camera or dash camera video.
• Event data from the car's computer.
• Statements from witnesses, including other riders.

Bright gear, headlight use and lane position can also help show the rider was visible. Our team works with crash reconstruction experts when the facts are disputed.

How does the 50% bar affect a Nebraska rider's claim?

Your award is reduced by your share of fault, and you recover nothing if that share reaches 50%. Because riders are often blamed, this rule shapes nearly every motorcycle case in the state.

Suppose a pickup turns left across your path at an intersection in Grand Island. Your damages total $200,000. The insurer argues you were speeding. If a jury finds you 25% at fault, you receive $150,000. If it finds you 45% at fault, you receive $110,000. If it splits fault evenly at 50%, you receive nothing.

That cliff makes small details valuable. A few miles per hour, a dirty windshield on the pickup, or a sun glare problem can move the percentages in your favor.

What insurance pays for a Nebraska motorcycle injury?

The at-fault driver's liability coverage is the main source. Serious motorcycle injuries often exceed those limits, so other coverage matters.

Your motorcycle policy may include uninsured and underinsured motorist coverage and medical payments coverage. Health insurance, disability benefits and an auto policy in your household may also apply. Some of these sources may need to be repaid from a settlement, so our team reviews every policy and lien before any agreement.

What should I do after a motorcycle crash in Nebraska?

Get checked by a doctor, even if you feel fine. Concussions and internal injuries can be delayed. Then protect evidence.

1. Keep the bike, helmet and gear unrepaired until they can be inspected.
2. Photograph the scene, skid marks and any gravel or road defects.
3. Gather contact details from witnesses and other riders.
4. Get the crash report number.
5. Talk with our team before giving a statement to the driver's insurer.

You generally have four years to file an injury suit in Nebraska, but evidence fades fast. Learn more on our motorcycle accidents practice page, our page on catastrophic injuries, and our Nebraska injury law overview. If you were hit by a commercial truck, see our Nebraska truck accident page.