Omaha Motorcycle Accident Lawyer

In Nebraska, the law operates on a fault system. In theory, this is straightforward: the driver who caused the crash, along with their insurance company, should be responsible for covering your losses. But reality is usually more complicated. Insurance companies are businesses, and like any business, they are structured to be profitable, which creates an incentive to minimize what they pay out on claims.

As a motorcyclist, you face a unique and unfair obstacle known as “biker bias.” Insurance adjusters frequently lean on outdated stereotypes, portraying riders as inherent risk-takers or daredevils. They might use the simple fact that you were on a motorcycle as a basis to argue you were speeding, weaving through traffic, or otherwise riding recklessly—even when you were operating your bike safely and responsibly.

This is where DM Injury Law comes in. We act as the necessary counterweight to this prejudice. Our role is to ensure that accountability is determined by facts and evidence, not by worn-out clichés about bikers. We focus on the truth of what happened on the road.

If you have been injured in a motorcycle accident, you don’t have to face this bias alone. Call us today for a free consultation.

A Regional Powerhouse Fighting for Omaha Riders

When you are looking for an Omaha motorcycle accident lawyer, you need a firm with a demonstrated history of standing up to insurance companies and dismantling the unfair biases riders face.

Our Track Record in Motorcycle Litigation

Our results show our commitment to riders who were wrongly blamed. For example, we secured a $3.25 Million settlement for a rider who suffered a fractured pelvis and serious internal injuries after a driver failed to yield at a green light. Initially, the police report cited our client for speeding. We brought in accident reconstruction professionals to analyze the scene, and their findings proved our client’s innocence, forcing the insurance company to acknowledge the truth.

In another case, we obtained a $1.25 Million settlement after proving a car driver made an illegal U-turn and struck our client. Once again, the initial police report incorrectly blamed the motorcyclist. We found a witness whose testimony dismantled the official narrative and held the right party accountable.

Decades of Collective Experience

Our attorneys and support staff have a deep understanding of difficult injury claims across the Midwest. Our practice is heavily focused on personal injury, and we handle a significant number of motorcycle accident claims. We know the specific challenges you face and the evidence needed to overcome them.

Recognized by the Legal Community

Our attorneys have been recognized by several prestigious legal organizations, including Super Lawyers®, The National Trial Lawyers® Top 100, and the Multi-Million Dollar Advocates Forum. These are acknowledgments from our peers of our high ethical standards and our ability to successfully take cases to trial when necessary.

Our Client Guarantees

No Win, No Fee: We operate on a contingency fee basis. This means you pay absolutely nothing upfront. We advance all the costs associated with building your case, from hiring investigators to consulting with experts. We only collect a fee if we win a settlement or verdict for you.
24/7 Availability: Accidents and legal questions don’t stick to a 9-to-5 schedule. Our team is available around the clock to provide the support you need, whenever you need it.
Direct Attention: You will receive personalized attention from attorneys who are genuinely invested in your physical and financial recovery.

What Is Your Motorcycle Injury Claim Worth?

The purpose of a personal injury claim is to make you whole again in the eyes of the law. This legal concept means pursuing compensation that covers every loss stemming from the other driver’s negligence.

Economic Damages (Tangible Costs)

These are the straightforward, calculable expenses tied to your accident. We meticulously document these costs to build the foundation of your claim. They include:

Current and Future Medical Bills: This covers everything from the initial emergency room visit to surgeries, physical therapy, prescription medications, and any adaptive equipment you may need, like a wheelchair or home modifications.
Lost Wages and Earning Capacity: We pursue compensation for the income you’ve already lost while out of work. If your injuries prevent you from returning to your previous job or field, we also calculate the long-term loss of your future earning capacity.
Property Damage: This includes the cost to repair or replace your motorcycle, as well as any custom parts, riding gear, helmet, and other personal property destroyed in the crash.

Non-Economic Damages (Intangible Losses)

These damages compensate you for the personal impact the accident has had on your life. While they don’t have a simple price tag, they are just as real as any medical bill. Examples include:

Pain and Suffering: Compensation for the physical agony and discomfort from your injuries.
Emotional Distress: This can include conditions like PTSD, anxiety, depression, or a newfound fear of riding.
Loss of Consortium: This legal term refers to the negative impact the injuries have had on your relationship with your spouse.

The Nebraska Constitution Article VII-5 generally prohibits punitive damages in civil cases. These are damages intended to punish the wrongdoer. Because this avenue is rarely available in our state, we must meticulously calculate and aggressively pursue the maximum possible recovery for both your economic and non-economic damages.

How Modified Comparative Negligence Affects Payouts

Nebraska follows a modified comparative negligence rule, also known as the 50% bar rule, as outlined in Neb. Rev. Stat. § 25-21,185.09. This law directly impacts your ability to recover compensation. Here’s what it means:

If you are found to be 50% or more at fault for the accident, you are barred from recovering any compensation at all.
If you are found to be 49% or less at fault, your compensation award is reduced by your percentage of fault.

This rule is precisely why fighting back against biker bias is financially necessary. An insurance adjuster’s attempt to shift even a small percentage of blame onto you can significantly reduce the funds you receive for your recovery.

Navigating Nebraska’s Motorcycle Accident Laws

A successful motorcycle accident claim demands a clear understanding of Nebraska’s specific legal standards and a strategic approach to gathering evidence. Our team handles these cumbersome details so you can focus on healing.

Establishing Negligence in a Tort State

Nebraska is an at-fault state, which means we must prove that the other driver was negligent. Legally, this involves establishing four key elements:

Duty of Care: The other driver had a legal obligation to operate their vehicle safely and follow traffic laws.
Breach of Duty: They failed to meet that obligation through a careless or reckless action, like texting while driving, speeding, or making an unsafe turn.
Causation: Their breach of duty directly caused the accident and your resulting injuries.
Damages: You suffered quantifiable losses (medical bills, lost income, pain, etc.) as a result.

Common Types of Motorcycle Accidents We Handle

Left-Turn Collisions: This is one of the most frequent causes of serious motorcycle crashes, occurring when a car turns left into the path of an oncoming bike, violating the rider’s right-of-way.
Rear-End Collisions: Typically the result of distracted driving, these accidents are especially dangerous for riders at stoplights or in slowed traffic.
Lane Changing Accidents: Drivers who fail to check their blind spots for a smaller vehicle like a motorcycle commonly cause devastating sideswipe accidents.
Road Hazard Crashes: Sometimes, the responsible party isn’t another driver but a government entity that failed to properly maintain the roads, leaving dangerous potholes or loose gravel that could be deadly for a motorcyclist.

Common Injuries

The lack of physical protection makes riders susceptible to catastrophic harm. We handle claims involving a wide range of injuries, including:

Road Rash: Abrasions that can range from minor scrapes to severe wounds requiring skin grafts.
Traumatic Brain Injuries (TBI): Even with a helmet, a rider might suffer a TBI with long-term cognitive, physical, and emotional consequences.
Spinal Cord Injuries: Damage that can lead to partial or complete paralysis.
Biker’s Arm: Nerve damage to the brachial plexus (nerves in the shoulder and upper arm) that occurs when a rider instinctively braces for a fall, which may result in numbness or paralysis of the arm.

Relevant Statutes & Concepts

Statute of Limitations: In Nebraska, you have a strict deadline to file a personal injury lawsuit. Under Neb. Rev. Stat. § 25-207, this is generally four years, but for wrongful death it’s two years. If you miss this deadline, you lose your right to seek compensation forever. Waiting also makes it harder to preserve crucial evidence and locate witnesses.
Helmet Laws: As of 2024, Nebraska no longer has a universal helmet mandate for riders 21 and older who meet certain safety course requirements. However, if you were not wearing a helmet, the defense may argue that it contributed to the severity of your head injuries to try to reduce your compensation. We know how to counter these arguments and protect your claim.

High-Risk Areas for Motorcyclists in Douglas County

Riding in and around Omaha presents a unique set of challenges. The city’s blend of dense urban traffic, aging infrastructure, and sprawling highway interchanges creates known hazards for motorcyclists.

Dangerous Intersections & Corridors

Dodge Street: Known for its heavy traffic volume and confusing reversible express lanes, Dodge Street is a frequent site of collisions. Its numerous commercial driveways also lead to unpredictable pulling out and turning maneuvers by other vehicles.
I-80 and I-480 Interchange: Also called the “Spaghetti Bowl,” this interchange requires rapid, precise lane changes at high speeds. For motorcyclists, who are less visible to start with, this area is particularly dangerous.
72nd Street: The high density of businesses and shopping centers along 72nd Street translates to constant cross-traffic and drivers making turns, often without properly looking for oncoming motorcycles.

Seasonal Factors

Spring & Summer: Early in the riding season, many drivers are not accustomed to sharing the road with motorcycles after the winter months. This rustiness factor can lead to failures to yield and other common errors.
Winter Damage: The harsh freeze-thaw cycles of Omaha winters leave behind a legacy of potholes and crumbling pavement. A pothole that is a minor nuisance for a car can be a life-threatening hazard for a motorcycle.

The Strategy Behind Insurance Denials

After a serious accident, you might expect an insurance company to be a source of help. It’s better to view them as a business with a financial interest in minimizing your claim. The adjuster you speak with has a primary duty to their company’s shareholders, not to you.

Tactics to Watch Out For

Insurance adjusters are trained negotiators who use specific tactics to devalue claims. Here are a few common ones:

The Recorded Statement Trap: The adjuster will likely call you very soon after the crash and ask for a recorded statement. This is not for your benefit. They are hoping you’ll say something (such as “I’m doing okay” or “I’m sorry it happened”) that could be misinterpreted later to imply your injuries are not severe or that you admitted fault. We advise declining this request until you have spoken with an attorney.
The Quick Check Offer: It’s common for an insurer to offer a small, fast settlement check. This might seem tempting when bills are starting to pile up. However, accepting this offer almost always requires you to waive your right to any future compensation. This is especially dangerous before the full extent of your injuries, particularly Traumatic Brain Injuries (TBI) or soft tissue damage, is fully understood.
Delay Tactics: Some adjusters may drag out the communication process, hoping that your financial desperation and frustration will grow. The longer they wait, the more likely you might be to accept a lowball offer just to get the process over with.

Our Role

When you hire DM Injury Law, these tactics stop.

We take over all communication with the insurance company.
We compile and present the evidence of liability and the full scope of your damages.
We don’t allow our clients to be intimidated or rushed into a decision that isn’t in their best interest.

Common Questions About Omaha Motorcycle Claims

Is lane splitting legal in Nebraska?

No. Nebraska law prohibits lane splitting, which is riding between two lanes of traffic. Engaging in this maneuver may be used by the defense to assign you a higher percentage of fault for the accident.

What if the driver who hit me doesn’t have insurance?

This is where your own Uninsured/Underinsured Motorist (UM/UIM) coverage comes into play. We will help you file a claim with your own insurance company to cover your losses. Making a UM/UIM claim does not typically raise your insurance rates.

Can I claim compensation for my passenger?

Yes. A passenger injured in a motorcycle accident has the right to seek compensation. Since passengers are almost never at fault, they may file a claim against the at-fault driver’s insurance policy, or potentially against the motorcycle operator’s policy if their negligence contributed to the crash.

How long does a motorcycle accident lawsuit take in Nebraska?

The timeline varies widely. A straightforward case with clear liability might settle in a matter of months, while a more difficult case involving catastrophic injuries or disputed fault might take longer, especially if it proceeds to trial. Our primary goal is to secure the maximum value for your claim, not just a quick settlement, but we always work to move the case forward as efficiently as possible.

Don’t Let the Adjuster Determine What Your Case Is Worth

We have the experience to properly investigate the crash, consult with reconstruction experts, and hold the right parties accountable for all of your injuries. Your focus should be on your recovery. Let DM Injury Law fight for your future.