Bicycle Accidents

Bicycle Accident Attorney in Omaha

We’ve Recovered $825,000 for an Injured Omaha Cyclist. We’re Ready to Fight for You

When a collision with a motor vehicle leaves a cyclist with serious injuries, the legal and insurance battles that follow can be as overwhelming as the physical recovery. At Carlson & Blakeman, LLP, we represent injured cyclists in Omaha and throughout Nebraska and Iowa, handling every aspect of the personal injury claim so our clients can focus on healing. We secured an $825,000 result for a client whose bicycle was struck by a delivery truck, resulting in multiple bone fractures and a serious infection. It’s a past outcome that reflects the trial-ready approach we bring to every case.

Our personal injury practice runs on a contingency fee basis. You owe us nothing in legal fees unless we recover on your behalf. We’re licensed in both Nebraska and Iowa, so cyclists on either side of the state line can work with one team.

If you were injured in a bicycle accident in the Omaha area, call us today at (402) 858-0996 for a free consultation. We’re ready to review your situation and can explain your options.

Why Omaha Cyclists Choose Carlson & Blakeman, LLP

Our lead personal injury attorney, Clete W. Blakeman, holds the Martindale-Hubbell AV Peer Review Rating, the highest rating attorneys can receive from peers for legal ability and professional ethics. He is a member of the American Board of Trial Advocates (ABOTA), a nationally recognized designation for demonstrated excellence in civil trial practice, and a member of the Million Dollar Advocates Forum, reserved for attorneys who have obtained verdicts or settlements of $1 million or more.

Those credentials reflect how we approach bicycle accident claims. We prepare every case for trial from the outset and don’t hesitate to take a case before a jury if that’s what it takes to pursue fair compensation. Insurance companies know when a firm is willing to go to trial, and it changes how they negotiate.

Our nine-attorney team, most of whom are licensed in Nebraska, Iowa, or both, brings multiple perspectives to complex injury cases. We offer services in English and Spanish, and virtual consultations are available for clients who can’t easily come to our office.

Common Causes of Bicycle Accidents in Omaha

Most bicycle accidents involving motor vehicles come down to driver negligence. Under Nebraska law, negligence means conduct that is careless, reckless, or falls short of what a reasonable person would do. When a driver’s negligence causes a cyclist’s injuries, that driver can be held financially responsible.

Collisions typically stem from one or more of these situations:

Failure to yield at intersections or while turning across a bike lane
Distracted driving, including phone use that causes a driver to miss a cyclist entirely
Dooring, when a driver or passenger opens a car door into a cyclist’s path
Impaired driving, which reduces reaction time and situational awareness
Poor road conditions such as potholes, debris, or missing lane markings maintained by a city or county

Liability isn’t always limited to the driver. When a dangerous road condition contributed to the crash, a government entity may also bear responsibility. Claims against government bodies carry a shorter filing window than standard personal injury claims, which is one reason early legal involvement matters.

Start Your Bicycle Accident Claim Today

A free consultation costs you nothing and creates no obligation. We’ll listen to what happened, assess the strength of your claim, and can tell you what we think you should do next. If we take your case, you pay no legal fees unless we recover on your behalf.

Contact Carlson & Blakeman, LLP at (402) 858-0996 to schedule your free consultation today.

Injuries Cyclists Commonly Sustain in Collisions

A cyclist hit by a motor vehicle has no structural protection. The force of the impact transfers directly to the body, and the resulting injuries are often severe. The most common serious injuries we see in these cases include:

Traumatic brain injuries (TBIs), skull fractures, and concussions, which can require extended rehabilitation and produce long-term cognitive effects
Neck and spinal cord injuries, carrying risk of partial or complete paralysis
Broken bones, including fractures to the arms, legs, collarbone, and pelvis
Internal injuries such as organ damage that may not be immediately apparent
Road rash and soft tissue damage from contact with the road surface
Amputation or wrongful death in the most severe collisions

Nebraska doesn’t require adult cyclists to wear helmets. The absence of a helmet doesn’t automatically bar a compensation claim, though insurers may raise it. That’s exactly the kind of argument our attorneys are prepared to address.

Compensation Available in a Nebraska Bicycle Accident Claim

Nebraska personal injury law allows injured cyclists to pursue compensation across several categories. What’s recoverable depends on the severity of injuries, available insurance coverage, and how fault is apportioned, but claims typically address:

Past and future medical expenses, including emergency care, surgery, rehabilitation, and therapy
Lost wages and reduced future earning capacity if injuries limit the ability to work
Pain and suffering
Emotional and mental distress
Loss of enjoyment of life
Bicycle repair or replacement costs

Insurance companies routinely try to minimize payouts after a bicycle accident. We counter lowball offers and improper claim denials with documented evidence and, when necessary, litigation.

Nebraska’s Comparative Negligence Rule

Nebraska follows a modified comparative negligence standard. An injured cyclist can recover damages as long as they are found less than 50% at fault for the accident. If the cyclist bears some share of fault below that threshold, their recovery is reduced proportionally. A cyclist found 20% at fault, for instance, would see a damage award reduced by 20%.

Insurers and defense attorneys often try to shift fault onto the cyclist to reduce a payout. Common arguments include claims that the cyclist wasn’t riding as far right as required, wasn’t visible enough, or contributed to the crash through a traffic violation. Our role is to build evidence that accurately reflects the driver’s negligence and challenges any overstatement of the cyclist’s responsibility.

Nebraska Laws That Protect Cyclists on the Road

Two statutes are particularly relevant in bicycle accident claims against motor vehicle drivers.

Nebraska Revised Statute § 60-6,314 establishes that bicyclists have the same rights and duties as motor vehicle operators on public roads. Cyclists may use most public roadways and are entitled to the same legal protections as any other road user.

Nebraska Revised Statute § 60-6,133 requires drivers to maintain at least three feet of clearance when passing a cyclist. A driver who violates this rule and causes a collision has breached a specific legal duty owed to the cyclist. When a traffic violation directly causes an injury, that violation becomes strong evidence of negligence in a personal injury claim.

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Filing Deadlines for Bicycle Accident Claims in Nebraska & Iowa

Nebraska’s statute of limitations for personal injury claims, including bicycle accidents, is four years from the date of the accident under Neb. Rev. Stat. § 25-207. Missing that window typically means the court can dismiss the case regardless of its merits. Iowa’s deadline is shorter: two years from the date of injury. Because we represent clients in both states, we track the applicable deadline from the start.

Two exceptions are worth knowing. First, if the accident resulted from a dangerous road condition maintained by a city or county, the claim runs against a government entity. Nebraska law requires a notice of claim to be filed significantly sooner, potentially within as little as one year of the accident. Second, when the injured cyclist is a minor in Nebraska, the statute of limitations may be deferred until the individual reaches adulthood.

Evidence degrades and witnesses become harder to reach over time. Contacting a bicycle accident attorney promptly after a crash protects the strength of your claim regardless of how much time remains on the clock.

Steps to Take After a Bicycle Accident in Omaha

The decisions made in the hours and days after a bicycle accident can directly affect a personal injury claim. Here’s what we recommend:

Seek medical attention immediately, even if injuries seem minor. TBIs and internal injuries aren’t always apparent right away, and a gap in treatment can be used against you later.
Call 911 to report the accident and obtain a police report. That report becomes part of your case record.
Document the scene if it’s safe to do so: photograph the bicycle, the vehicle, road conditions, and any visible injuries.
Collect information from the driver, including contact details and insurance information, and get names and contact information from any witnesses.
Don’t give statements to the at-fault driver’s insurance company before speaking with an attorney. Even minor misstatements can be used to reduce or deny a valid claim.
Contact a bicycle accident attorney as soon as possible. Early legal involvement preserves evidence and helps prevent insurer tactics from undermining your claim.

Insurance adjusters are trained to resolve claims quickly and inexpensively. You don’t have to navigate that process alone.

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