## Bicycle accident claims in Nebraska Cyclists hit by motor vehicles face severe injuries — head trauma, broken bones, road rash, internal injuries — even at low speeds. Nebraska's laws balance cyclist rights and responsibilities, but the practical outcome often favors drivers in disputed fault cases. ### Nebraska bicycle laws - **Helmet law:** No state law - **Statute of limitations on injury claims:** 4 years ## Common causes of bicycle crashes - **"Right hook"** — driver turning right cuts off cyclist going straight - **"Left cross"** — driver turning left across cyclist's path - **Dooring** — parked car opens door into cyclist's path - **Distracted driving** — phone use, eating, fiddling with controls - **Drunk / impaired driving** - **Failure to yield** at stop signs and intersections - **Following too closely / unsafe pass** - **Road hazards** — potholes, gravel, drainage grates, road debris (often a government-claim case) - **Inadequate or missing bike infrastructure** - **Hit-and-run** — particularly common ## Cyclist's right to the road In every state, bicycles are vehicles with the same rights and responsibilities as cars on most roadways: - **Right to use full lane** when conditions warrant — no obligation to ride to the right edge if doing so would be unsafe - **Same right of way** as cars at intersections - **Same traffic-signal compliance** required (with exceptions in Idaho-stop states) - **Hand signals** required for turns - **Light requirements** — front white light + rear red light/reflector at night in most states ## The 3-foot rule 30+ states have laws requiring drivers to give cyclists 3 feet (some states 4 feet) of space when passing. Violation supports both: - **Negligence per se** — automatic finding of negligence - **Punitive damages** — for repeat or egregious violators ## Idaho-stop and similar laws States that allow some form of yield-rather-than-stop for cyclists at signs/lights: - **Idaho** (1982 — original) - **Delaware** (2017) - **Arkansas** (2019) - **Oregon** (2019) - **Washington** (2020) - **Utah** (2021) - Several others have proposed but not enacted Where Idaho-stop applies, cyclist treatment of a stop sign as yield is NOT comparative negligence. ## Helmet defenses If you weren't wearing a helmet (and weren't required to), defense will try to argue your head injuries should be reduced. Most states bar this argument entirely or limit it to damages-mitigation. Some states allow comparative-fault reduction. ## Common defenses against cyclists - **"You came out of nowhere"** — driver claims surprise (often defeated by visibility analysis) - **"You weren't using lights/reflectors"** — equipment violations support comparative fault - **"You ran the stop sign / red light"** — supports comparative fault (or bars recovery in Idaho-stop states only when not yielding properly) - **"You were riding against traffic"** — wrong-way riding is illegal nearly everywhere - **"You weren't in the bike lane"** — bike-lane usage requirements vary; usually mandatory only when one exists ## Damages Bicycle injuries typically include: - **Traumatic brain injury** — even with helmet - **Spinal cord injuries** - **Multiple fractures** — clavicle, wrist, hip particularly common - **Road rash** — significant skin injuries needing reconstruction - **Internal injuries** - **Dental injuries** - **Damaged bike** — bicycles can cost $2,000-$15,000+ - **Damaged gear** — helmet, cycling shoes, jerseys, GPS ## Insurance considerations - **Driver's auto liability** — primary source - **Cyclist's UM/UIM** — applies in most states even when not in a vehicle - **Cyclist's PIP / Med-pay** — pays medical regardless of fault in no-fault states - **Homeowner's insurance** — may cover bike theft / damage as personal property - **Health insurance** — pays medical with subrogation rights ## Evidence to preserve - The bike itself (don't repair until evaluated) - Helmet and gear - Crash scene photos - Damage photos of vehicle - Witness names / contacts - Police report - Medical records - Strava / GPS / cycle-computer data — speed, route, time - Surveillance footage - Driver's cell records (via subpoena) ## What you should do If you've been hit on a bike in Nebraska: get medical attention immediately, photograph everything, do NOT communicate with the at-fault driver's insurance, and contact a bicycle-accident attorney as soon as possible. Many Nebraska personal-injury attorneys handle bike cases specifically — that experience matters when fighting bias against cyclists. Most offer free consultations and work on contingency. --- *This guide is general information about Nebraska law as of early 2026 and is not legal advice. Bicycle injury cases involve fact-sensitive issues (helmet, lights, lane position, jaywalking by cyclist). Talk to a licensed Nebraska attorney about your specific case.*