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Mondelli v. Kendel Homes Corp.

With regard to the Mondellis' appeal, we conclude that the district court abused its discretion in excluding the testimony of Drs. Pour and King. This exclusion of evidence was prejudicial error. The district court did not abuse its discretion in refusing to allow joinder of the claims of the Mondelli family.

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Nebraska Motorcycle Accident Lawyer

Tragic injuries to safe motorcyclists, and occasional bad injuries caused by careless ones, command our attention. Defective helmets, disregard for rules of the road, failure to see, failure to look, misjudged distances, all these make motorcyclists prone to catastrophic injuries, horrific crashes, and dramatic motorcycle-related litigation. We can help. We have done it many times.

There are many types of motorcycle accidents including but not limited to the following:

  • Single Motorcycle Accidents – These types of accidents involve only one motorcycle. They are typically caused by a driver hitting an object in the road, mechanical defects or some other type of road hazard.
  • Rear End Accidents– These types of motorcycle accidents are commonly caused by drivers who misjudge distance between vehicles. Even a minor rear end crash involving a motorcycle can be fatal for the motorcyclist.
  • Accidents Caused by Restricted Visibility– A lack of total visibility can result from driver distraction, dense traffic, poor weather conditions and blind spots.

Motorcycle Accident Statistics

The Centers for Disease Control and Prevention (CDC) released findings from a motorcycle accident study in June 2012. The study found that:

  • Between the years 2001 and 2008, there were over 34,000 motorcyclist deaths
  • In that same span of time, there were another 1.2 million motorcyclist injuries
  • The age group with the highest accident rates was the 20-24 year olds
  • 22 percent of the nonfatal injuries reported were head and neck injuries
  • 30 percent of the nonfatal injuries reported were leg and foot injuries
  • The overall motorcyclist fatality rate was 55 percent higher in 2008 than it was in 2001
  • Treated nonfatal motorcyclist injuries also increased. In 2001 there were 120,000 while in 2008 there were 175,000

How to File a Motorcycle Accident Claim

To be able to file suit for a motorcycle accident, one will have to show that the accident was a result of the other driver violating his or her duty of care. One must also have evidence of injury.

Evidence that should be gathered includes:

  • Pictures of the scene of the accident as well as photos of injuries sustained
  • Traffic citations
  • Details of the accident as recorded on the official police report
  • Eyewitness information: names, phone numbers, etc.
  • Medical receipts and other medical documentation
  • Some form of evidence showing lost wages or time taken off of work for recovery

Once evidence is gathered, an investigation will take place. Depending on your circumstances, the facts of your accident, and once all negligent parties have been identified, you are ready to file suit. In some cases, submitting a demand letter to the Insurance companies of the negligent parties you intend to sue detailing the severity of your injuries and the medical costs you have, and will incur, may be an appropriate starting point. Each case is different and you need to consult an Omaha motorcycle accident lawyer who can evaluate your case and advise you on the strategy that will most likely allow you to recover the maximum amount for you and your family.

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