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personal injury

Motorcycle Accidents

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Although very similar to other motor vehicle accidents, motorcycle accident injury claims are different if for no other reason than the bias that often comes with driving a motorcycle.

One of the first six-figure motorcycle injury claims our office handled back in 2008 involved a motorcyclist who was badly injured by another driver who turned in front of him at an intersection. The insurance company for the at-fault party initially denied this client’s claim, and he was turned down by multiple injury attorneys before finally retaining our office. After viewing the accident reports and conducting our own investigation, it became clear the car accident was in fact caused by the other driver’s negligence. Our client had been subjected to many of the biases that come with driving a motorcycle. His claim was not denied based on the facts, but instead due to a number of negative assumptions that had been drawn simply because he was on a motorcycle at the time the accident occurred. There were references of speeding and reckless driving even though there were no witnesses and no evidence to support either claim.

Another thing that separates motorcycle accidents from the typical car crash is the greater likelihood of sustaining serious injury. There is not as much room for error when you are injured while driving or riding as a passenger on a motorcycle, and many insurance companies will not offer the same protections they might offer to the owner of a motor vehicle. It is important to be fully aware of your insurance policy and all coverages that are included. In addition to your liability coverage, plan ahead for if you are involved in a collision, and make sure you know exactly what your coverage is in the event you are injured by an uninsured or underinsured motorist.

Frequently Asked Questions

If you have additional questions not included here, please contact us.

Can I still file a claim if I was partially at fault for the accident?

Yes. In Nebraska in order to be successful on a personal injury or wrongful death claim, the party bringing the claim (the plaintiff) must prove the other party (defendant) was more than 50% at fault for the crash. See Neb. Rev. Stat. §25-21,185.09. Thus, if you bear some responsibility for the crash, you can still file an injury claim, but your recovery will be reduced by your attributed percentage of fault.

What if my family member was the one who caused the accident?

You can still bring an injury claim even if the person who caused the crash is a family member. In fact, not only can you bring a claim, but oftentimes making a claim against your relative is the only way to access the insurance policy if they were responsible for causing the crash. Nebraska repealed its guest statute more than 10 years ago, and ever since then policy provisions that exclude coverage in such situations are unenforceable.

What is an engine control module (ECM) or black box?

Modern vehicles are equipped with Electronic Control Modules (ECMs), also commonly referred to as Electronic Control Units (ECUs), Crash Data Recorders, Airbag Control Modules, etc. In addition to controlling the vehicle’s electrical systems, the ECM also contains the vehicle’s event data recorder, which stores data from a recent “event” or car crash. The data preserved by the ECM can provide valuable information in determining liability such as speed, throttle position, braking, and seat belt status.

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Contact Us 402-933-6858