Our Nebraska Motorcycle Accident Lawyers Outline Your Steps to Pursue Injury Damages
When you're the victim of a motorcycle hit-and-run, what follows can be overwhelmingly confusing and stressful. You may be dealing with physical and emotional trauma, damage to your bike, and the uncertainty of how to proceed legally to secure compensation.
Understanding your rights and the appropriate steps to take can significantly ease this process and increase your chances of receiving rightful damages. Beck & Beck Attorneys can assist you in navigating the complexities of what comes next and ensure your legal rights and interests are fully protected as you seek remuneration.
Understanding the Immediate Steps Post-Accident
The moments following a hit-and-run are some of the most critical. There are a few essential actions you should take to significantly influence the outcome of your situation and the future of your potential compensation:
- Ensure safety. Move away from traffic as best you can to prevent further accidents or injuries.
- Check for injuries. Assess yourself and any passengers for injuries. Prioritize medical attention even for seemingly minor injuries, as some may not be immediately apparent.
- Report the incident to the police. Call 911 to summon law enforcement and emergency medical personnel to the scene. A formal police report is crucial for legal and insurance purposes.
- Document the scene. Capture as much evidence as you can, such as:
- Photographs of the accident scene, your injuries, and damages to your motorcycle.
- Note the time, location, and any other relevant details of the accident.
- Look for witnesses. If any bystanders saw the accident, collect their contact information. Witness statements can be invaluable in hit-and-run cases.
- Gather information. Try to recall any details of the hit-and-run driver and their vehicle, such as the color, make, model, or any part of the license plate number.
- Get medical attention. Visit a hospital or a doctor as soon as possible for a thorough medical evaluation. Medical records are indispensable for documenting the impact of the accident on your health and are vital to your claim.
- Notify your insurance company. Inform your insurer about the accident. Be factual about the details and follow their guidance on the necessary procedural steps.
- Consult an attorney. Consider consulting a personal injury lawyer who specializes in motorcycle accidents. They can offer advice specific to your situation, help you understand your rights, and guide you through the process of seeking compensation.
- Keep records. Maintain a file of all documents and correspondence related to the accident, including medical bills, repair estimates, and communications with your insurance company.
These steps are essential because they help establish a solid foundation for your claim, making it harder for insurers to refute your need for reimbursement.
Nebraska Law On Hit-and-Run Motorcycle Accidents
Under state law, specifically Revised Statute 60-697:
“the driver of any vehicle involved in an accident upon either a public highway, private road, or private drive, resulting in injury or death to any person, shall (a) immediately stop such vehicle at the scene of such accident and ascertain the identity of all persons involved, (b) give his or her name and address, and the license number of the vehicle and exhibit his or her operator's license to the person struck or the occupants of any vehicle collided with, and (c) render to any person injured in such accident reasonable assistance, including the carrying of such person to a physician or surgeon for medical or surgical treatment if it is apparent that such treatment is necessary or is requested by the injured person.”
Penalties vary for failing to follow this law. For instance, leaving the scene of a property damage accident is a class II misdemeanor for a first offense. However, hit-and-run drivers who flee the scene of a personal injury accident can be charged with a class III or IIIA felony and fined up to $10,000. These are criminal penalties and are issued separately from your civil action.
How Beck & Beck Attorney Can Assist You
The importance of having a lawyer cannot be understated. Our team investigates the accident, potentially identifying the at-fault party through surveillance footage or eyewitness accounts. We’ll also maneuver through legal hurdles and negotiate with insurance companies, ensuring that your compensation is maximized.
The Role of Insurance in Your Recovery
In Nebraska, it’s mandatory for motorcyclists to include uninsured motorist (UM) and underinsured motorist (UIM) coverage. This serves as a fallback when the hit-and-run driver can’t be found. While minimum policy amounts are $25,000 bodily injury per person, it’s difficult to assess whether this is enough to compensate you for expenses like medical bills, rehabilitation needs, and lost wages. Additionally, managing your insurance claims can be difficult, but professional guidance from Beck & Beck can help.
Legal Actions When the Driver is Identified
Should the responsible party be identified, our team pursues further legal actions against them, which might include suing for damages beyond what insurance covers. This might cover non-economic damages like pain and suffering, which aren’t typically covered by insurance.
Statute of Limitations
Nebraska has a specific statute of limitations that restricts the time frame within which you can file a claim. This deadline for filing a claim related to a hit-and-run accident depends on the nature of the damages sought. Here are the key points:
- Personal Injury: You typically have four years from the date of the accident to file a personal injury lawsuit if you are injured in a hit-and-run.
- Property Damage: For claims involving property damage from a hit-and-run, you also have four years from the date of the accident to initiate legal proceedings.
Understanding these time limits and acting within them is critical to maintaining your eligibility for motorcycle hit-and-run accident damages.
Hurt in a Motorcycle Accident? Call Beck & Beck Today
We focus exclusively on auto accident law, and are committed to making it as easy as possible for you to get the quality legal representation you need and deserve. Please feel free to contact us online or call our office directly at 308.222.5625 to schedule a free consultation. We help motorcycle accident victims throughout the state of Nebraska, including North Platte, Omaha, and Lincoln.