Motorcycle Accident Claims in Nebraska
The Nebraska helmet law, whether lane splitting is legal, how fault is shared after a motorcycle crash, and the deadline to sue.
Short answer: Riders must wear a DOT-standard helmet unless they qualify for the exemption. An operator 21 or older may ride without a helmet if they hold a Nebraska Class M license and have completed the required motorcycle safety course (the Motorcycle Safety Foundation basic eCourse for licenses… Neb. Rev. Stat. § 60-6,279
| Motorcycle helmet law | Riders must wear a DOT-standard helmet unless they qualify for the exemption. An operator 21 or older may ride without a helmet if they hold a Nebraska Class M license and have completed the required motorcycle safety course (the Motorcycle Safety Foundation basic eCourse for licenses issued before May 1, 2024, or the state basic course for licenses issued on or after that date) and filed proof with the DMV, or hold another state's motorcycle license. A passenger 21 or older may ride without a helmet only if the operator qualifies. All operators need eye protection (glasses, face shield, goggles or a windshield). Source: Neb. Rev. Stat. § 60-6,279 |
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| Lane splitting | Banned. Nebraska law says no person may operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles, and a motorcyclist may not overtake and pass in the same lane as the vehicle being passed. Two motorcycles may ride side by side in one lane, but not more than two. Peace officers on duty are exempt. Source: Neb. Rev. Stat. § 60-6,308 |
| Fault rule (comparative negligence) | Modified comparative negligence (50% bar). The injured person's contributory negligence reduces damages proportionately but does not bar recovery, unless it is equal to or greater than the total negligence of all persons being sued, in which case recovery is completely barred. The jury must be told the effect of its allocation. Source: Neb. Rev. Stat. § 25-21,185.09 |
| Minimum car insurance | An owner may not allow a vehicle to be operated on a public highway without a current automobile liability policy or proof of financial responsibility. A qualifying policy must cover at least $25,000 per person and $50,000 per accident for bodily injury and $25,000 for property damage. Mandatory coverage: https://nebraskalegislature.gov/laws/statutes.php?statute=60-3,167 |
| Deadline to sue for an injury | Four years for an action for injury to the rights of the plaintiff not arising on contract and not otherwise listed, which covers most negligence personal injury claims. Some claims have different periods under other sections (for example, professional negligence and wrongful death, two years). Source: Neb. Rev. Stat. § 25-207(3) |
More Nebraska personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Nebraska
- Wrongful Death Lawsuits in Nebraska
- Medical Malpractice Rules in Nebraska
- Car Accident Claims in Nebraska
- Dog Bite Liability in Nebraska
- Sidewalk and Public Property Falls in Nebraska
- Pedestrian Accident Claims in Nebraska
- Bicycle Accident Claims in Nebraska
- Uber and Lyft Accident Claims in Nebraska
- Truck Accident Claims in Nebraska
- Construction Site Injuries in Nebraska
- All Nebraska personal injury & wrongful death rules
FAQ
Do you have to wear a motorcycle helmet in Nebraska?
Riders must wear a DOT-standard helmet unless they qualify for the exemption. An operator 21 or older may ride without a helmet if they hold a Nebraska Class M license and have completed the required motorcycle safety course (the Motorcycle Safety Foundation basic eCourse for licenses issued before May 1, 2024, or the state basic course for licenses issued on or after that date) and filed proof with the DMV, or hold another state's motorcycle license. A passenger 21 or older may ride without a helmet only if the operator qualifies. All operators need eye protection (glasses, face shield, goggles or a windshield).
Is lane splitting legal in Nebraska?
Banned. Nebraska law says no person may operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles, and a motorcyclist may not overtake and pass in the same lane as the vehicle being passed. Two motorcycles may ride side by side in one lane, but not more than two. Peace officers on duty are exempt.
Can you recover damages if you were partly at fault in Nebraska?
Modified comparative negligence (50% bar). The injured person's contributory negligence reduces damages proportionately but does not bar recovery, unless it is equal to or greater than the total negligence of all persons being sued, in which case recovery is completely barred. The jury must be told the effect of its allocation.
What is the minimum car insurance required in Nebraska?
An owner may not allow a vehicle to be operated on a public highway without a current automobile liability policy or proof of financial responsibility. A qualifying policy must cover at least $25,000 per person and $50,000 per accident for bodily injury and $25,000 for property damage.
What is the statute of limitations for personal injury in Nebraska?
Four years for an action for injury to the rights of the plaintiff not arising on contract and not otherwise listed, which covers most negligence personal injury claims.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.