Role of Motorcycle Accident Attorney in Omaha
Motorcycle accidents can be traumatic, leaving victims with severe injuries and emotional agony. It is more complicated when there is uncertainty about who is at fault, the motorcyclist, the other motor vehicle driver, or both.
When you suffer severe injuries due to another driver’s negligence, you may be entitled to financial compensation for any damages you sustain, including medical expenses, property damage, lost wages, and more. But first, you need to file a motorcycle accident claim with the at-fault party’s insurance company.
An Omaha motorcycle accident lawyer can increase your chances of obtaining the compensation you deserve without having to go to court. An experienced personal injury attorney is familiar with insurance companies and is better suited to negotiate with them.
Motorcycle lawyers at Welsh & Welsh, PC LLO, have been representing victims in Omaha and across Nebraska for decades and are proud to have helped hundreds receive the compensation they deserve. We can help you with the claims process from start to finish and take your claim to court if it comes to it.
What to Do After a Motorcycle Wreck in Omaha, NE?
What you do following a motorcycle accident can make or break your personal injury claim. Here’s what you should do:
- Contact 911 and make a police report:
The police report will document the accident details, the accident scene, the involved parties, and the sustained damages and injuries. It will be a useful piece of evidence when seeking compensation.
- Exchange Information
You have a legal obligation to swap contact information with the car or truck driver involved, which you will later share with your respective insurance companies. You may also collect the contact details of any witnesses, but don’t discuss the accident.
- Document what happened:
Your motorcycle accident claim will benefit from as much information as you can provide. Therefore, take pictures of the accident scene, damage, and injuries. After the accident, record what you remember happening, the road conditions, and the weather.
- Follow up on your injuries and keep a record of your expenses:
It’s likely you won’t be able to collect a settlement until your doctor determines you’ve recovered. Depending on how long that takes, a significant amount of time could pass. Make sure you keep accurate and precise records of your medical bills and recovery process. It would help if you also document all accident-related expenses.
- Consult an Omaha motorcycle accident attorney
Motorcycle accident attorneys can assist you in the claims process while you recover and give you much-needed legal guidance in such a difficult situation.
How to File a Motorcycle Accident Claim in Omaha, Nebraska?
Nebraska is an at-fault state, which means the at-fault party can be held accountable for your motorcycle accident injuries and damages. You can recover compensation by filing a claim with the at-fault party’s insurance company. Here’s how you can do that step-by-step:
- Contact an attorney for legal guidance and support.
- Notify the at-fault party’s insurance company. Your lawyer can handle this step and all communication with the insurance company.
- Your lawyer prepares and files a demand letter detailing your damages, injuries, and sought compensation. All evidence you and your lawyer gathered should be attached, including the police report, medical records, expert and witness testimonies, repair bills, etc.
- Receive the insurance company’s adjuster’s decision on your demand letter. The adjuster can either accept your offer, deny it, or make a counteroffer.
- Your lawyer negotiates with the insurance company for a fair settlement if they make a counteroffer.
- If they deny your claim or negotiations fail, you can file a personal injury lawsuit in a civil court. Your lawyer will prepare the necessary paperwork and file a complaint on your behalf.
Recoverable Damages in an Omaha Motorcycle Accident?
As a motorcycle accident victim, you may be entitled to recover the following damages:
- Economic damages, including medical expenses and lost wages
- Non-economic damages such as pain and suffering, disfigurement, and loss of life enjoyment
Moreover, if the motorcycle rider dies due to injuries sustained in the accident, wrongful death damages will be available to the family members.
How To Prove Negligence in a Nebraska Motorcycle Crash
It can be challenging to prove liability in a motorcycle accident, but it is imperative to claim financial compensation for your losses. To prove the other driver’s negligence, you should establish the following elements:
- The other driver owed you a duty of care.
- The other driver breached their duty of care by acting negligently or recklessly.
- The other driver’s negligent behavior led to the accident and your injuries.
- You suffered damages due to the accident.
How an Omaha Attorney Can Help You With Your Motorcycle Claim
After an accident, it can be hard to deal with injuries, lost wages, and medical bills. An Omaha motorcycle accident lawyer can help you obtain compensation to cover your expenses and make sure you are financially stable while recovering.
Omaha motorcycle accident lawyers can assist you throughout the claims process. Here are some ways in which they can help:
- Investigate the motorcycle crash and gather evidence.
- Analyze your damages and calculate an estimate for the value of your compensation.
- Negotiate with insurance companies and insurance adjusters for a fair settlement.
- If the case goes to court, your lawyer can defend you against accusations of partial fault and plead for the maximum compensation.
Although every motorcycle accident case is different, one thing is certain – insurance companies are rarely on your side. Be careful when talking with them since they can use your actions and words against you. Being skeptical of insurance settlement first offers is also a good move.
We understand that getting quick financial compensation can be tempting. However, their initial offers are rarely in your favor. If you accept it, you will have to promise that you will never again ask for further compensation. So, if your motorcycle injury gets worse, you will be stuck with medical care bills.
Double-check what insurance companies’ representatives are telling you. For example, an insurance agent might tell you that you can’t recover compensation if you weren’t wearing a helmet. That is not true. Nebraska’s modified comparative negligence rule allows you to recover compensation even if the accident was partly your fault. However, your damages will be reduced by the portion of fault attributed to your actions.
Motorcycle accident attorneys know how these cases go and what can be expected. Although you don’t have to hire an attorney, having one can significantly impact the success of your motorcycle accident case. If your case goes to court, our motorcycle accident lawyers at Welsh & Welsh, PC LLO, can make sure your interests are protected.
Welsh & Welsh, PC LLO, Can Help
Many motorcycle accidents are not the fault of the riders but occur due to the negligent actions of other motor vehicle drivers. Motorcycle accident victims often suffer serious injuries that can be life-altering or even fatal. Lost income, expenses, and mountains of paperwork can throw your life into chaos.
Motorcycle accident cases should be taken seriously. Going through the claims process after a serious motorcycle accident in Omaha can be daunting, and doing so alone only makes it riskier and more difficult. Omaha motorcycle attorneys at Welsh & Welsh, PC LLO, are familiar with the ins and outs of the motorcycle accident injury claim process and are ready to help.
Our law firm has been dedicated to those unlawfully injured in Omaha, Nebraska, for decades and has successfully helped hundreds receive the compensation they deserve. We can help you, too!
Contact us today to schedule your free consultation.
What Is Nebraska’s Statute of Limitations for Motorcycle Accidents?
Motorcycle accident claims must be filed within four years of the accident date. The sooner you file, the higher your chances of obtaining the compensation you deserve.
What Are the Most Common Motorcycle Accident Injuries in Omaha?
Motorcyclists have considerably less protection than someone in a car or truck. While those vehicles have a body, seat belts, and airbags, the most that bikers usually have is a helmet, protective long-sleeved clothing, thick gloves, and sturdy shoes. This means motorcycle riders are more at risk of sustaining catastrophic injuries, such as:
- Traumatic brain injury (TBI)
- Broken bones
- Spinal cord injuries
- Burn injuries
- Nerve damage
- Head injuries
- Traumatic brain injuries
What Are the Common Causes of Omaha, Nebraska Motorcycle Accidents?
- Motorcyclists’ lack of riding skills
- Violating speed limits and traffic law
- Not taking the necessary precautions
Other major causes include inattention and distracted driving, DUI, road hazards, and lane splitting.