Riding a motorcycle can be both exciting and dangerous. While motorcyclists enjoy the freedom and thrill of the open road, they are also at a higher risk of being involved in a serious accident. When a motorcycle accident does occur, it is important to understand Nebraska’s laws and regulations regarding personal injury claims.
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Nebraska Motorcycle Laws
Before jumping into the specific laws surrounding motorcycle accidents and personal injury claims, it’s important to note some general laws surrounding motorcycles in Nebraska. Some of these laws include:
- Helmets are required for all riders and passengers under the age of 21
- All riders are required to wear eye protection unless their motorcycle has a windshield
- Lane splitting (riding between lanes of traffic) is illegal
- Handlebars cannot be higher than the rider’s shoulders
- Motorcycles must have proper lighting and reflectors
- Loud mufflers are not allowed
- Motorcycles are subject to the same laws and regulations as cars
It is important as a motorcyclist to abide by all laws and regulations, not only for your safety but also to avoid any legal troubles in case of an accident.
Personal Injury Claims
When someone is injured in a motorcycle accident due to someone else’s fault, they have the right to pursue a personal injury claim. This means that the injured party (plaintiff) can seek compensation from the at-fault driver (defendant). Compensation can include things like medical expenses, lost wages, and pain and suffering.
In order to have a successful personal injury claim, the plaintiff must prove that the defendant was negligent in their actions, and this negligence was the direct cause of the plaintiff’s injuries. This can be difficult in motorcycle accident cases, as it is often hard to determine fault. In Nebraska, there is a comparative negligence rule, which means that even if the plaintiff was partially at fault for the accident, they can still recover damages. However, the amount of damages recovered will be reduced by the degree of fault assigned to the plaintiff.
Statute of Limitations
It is important to note that Nebraska has a statute of limitations on personal injury claims. This means that the injured party has a certain amount of time to file a claim after the accident. In Nebraska, the statute of limitations for personal injury claims is four years from the date of the accident. It is important to file a claim within this time frame, as any claims filed after the statute of limitations has expired will likely be dismissed.
Insurance Requirements
Nebraska, like most states, has specific insurance requirements for motorcyclists. As a motorcyclist in Nebraska, you must have liability insurance, which includes bodily injury and property damage coverage. This insurance will cover any damages caused to another person or their property in case of a motorcycle accident in which you are deemed at fault. In addition, some motorcyclists may choose to obtain uninsured/underinsured motorist coverage. This coverage can help cover damages in case of an accident with an uninsured or underinsured driver.
Conclusion
Unfortunately, motorcycle accidents can happen at any time, and they can be life-changing events. If you have been injured in a motorcycle accident due to someone else’s negligence, it is important to seek legal counsel from an experienced personal injury attorney in Nebraska. They can help you navigate the complicated laws and regulations surrounding motorcycle accidents and personal injury claims, and help you get the compensation you deserve. Remember, always ride safely and abide by the laws and regulations to avoid accidents and legal issues.