Anyone who rides a bike in Omaha or Lincoln knows the feeling. You are holding your line near the edge of the lane, and a pickup blows past close enough that the mirror seems to brush your elbow. Most of the time, that is all it is — a scare, a curse word, and a story. Sometimes it is the crash that puts a rider in the hospital.
Nebraska has a specific law about that pass, and every cyclist and every driver should know it.
What the passing rule says
Under Neb. Rev. Stat. § 60-6,133, a driver overtaking a bicycle must exercise due care and leave a safe distance of no less than three feet of clearance, where applicable — and keep that distance until safely past the rider.
Two parts of that are worth slowing down on. First, three feet is the minimum. The statute speaks of a safe distance of no less than three feet, and at highway speeds a safe distance is often much more. Second, the clearance has to last until the driver is safely past. Cutting back in early — the classic "right hook" before a turn — is not a completed pass.
Three feet or wait
The bicycle clause is the third subsection of a longer passing statute, and the first two subsections matter in a bike case too. Under § 60-6,133(1), the overtaking driver must "first give a visible signal" of the intent to pass, must pass to the left "at a safe distance," and must not drift back to the right "until safely clear" of the vehicle being passed. A driver who never signaled, or who swung back over before the rear wheel of the bike was behind him, has a problem under that subsection as well.
Then there are the places where Nebraska says nobody passes. Neb. Rev. Stat. § 60-6,136 bars a driver from passing or going left of center when approaching the crest of a hill or a curve with an obstructed view, within one hundred feet of an intersection or railroad crossing, within one hundred feet of a bridge, viaduct or tunnel when the view is obstructed, and in a marked no-passing zone.
Put those rules side by side and the practical answer is simple. Nothing in § 60-6,133 tells a driver he can shave the three feet down because a double yellow line or a blind hill is in the way. On a narrow county road with oncoming traffic, the driver's job is to slow down behind the rider until there is room to pass legally and with clearance. A few seconds of patience is what the law expects.
The newer move-over rule for bicycles
Since July 18, 2026, Nebraska has had a second rule on top of the three-foot clearance. Neb. Rev. Stat. § 60-6,378.02 applies when a driver is "approaching or passing a vulnerable road user," and § 60-676.01 puts anyone operating a bicycle or an electric bicycle on or along a highway inside that definition.
What it requires depends on the road:
- Two or more lanes going your way. The driver is to move "into a lane at least one moving lane apart" from the rider. On Dodge Street or a four-lane arterial in Lincoln, hugging the right lane line while going around a cyclist no longer cuts it.
- One lane, or no safe lane change. The driver must reduce speed, keep a safe speed for the rider's location and the weather, road and traffic conditions, and proceed with due care and caution.
A violation is a traffic infraction, and a second one within five years after a conviction is a Class IIIA misdemeanor. A broader rundown of a rider's rights on Nebraska roads, including the night-light rules and Omaha's sidewalk ordinance, is on my bicycle accident page.
What the law asks of riders
The law puts duties on cyclists too, and I tell riders the truth about them because insurers will. Under § 60-6,317, a person riding a bicycle slower than the normal speed of traffic is to ride as near the right-hand curb or edge of the roadway as practicable. But the statute lists exceptions, including when:
- passing another bicycle or vehicle,
- preparing to make a left turn,
- avoiding unsafe conditions like debris, parked cars, or potholes, and
- the lane is too narrow for a bike and a car to share safely.
That last exception matters more than people realize. When a lane is too narrow to share, a rider taking more of the lane is not being reckless.
What the insurer will argue anyway
After a crash, the driver's insurance company will almost always try to shift some of the blame to the rider: you were too far out, you weren't visible, you should have been on a trail. Those arguments are often built on assumptions rather than evidence. What decides the case is the physical evidence — where the impact was on the bike and the vehicle, the road width, lighting, witness accounts, and any video from nearby cameras or the rider's own gear.
Bicycle crashes also cause serious injuries: fractures, road rash that becomes infected, and head injuries even with a helmet. A traumatic brain injury can be missed at the ER and show up weeks later as headaches, memory trouble or mood changes. Get checked, and keep going back if symptoms change.
How a close pass gets proven
A three-foot violation leaves a pattern, and the job is to collect it before it disappears. These are the pieces I look for:
- Where the vehicle is damaged. A same-direction pass that touches a rider usually marks the passenger side: the right mirror, the front fender, the side of the trailer. Damage there fits a sideswipe from behind, not a rider turning into the car.
- Where the bike and rider are marked. Scrapes on the left bar end, the left pedal or the left side of the rider's body tell the same story from the other direction.
- Lane width and markings. A tape measure and photos of the lane, the shoulder and the paint lines show whether there was room for three feet without crossing into the other lane.
- Your ride data. Many cyclists record every trip on a bike computer, a phone app or a watch. The GPS file can show your speed, your line on the road and the moment you went down. Export it and save a copy before it syncs or gets overwritten.
- Rear-facing video. Some bike lights include a camera. Gas stations, buses and homes along the route may have footage too, and much of it is recorded over within days. My page on dashcam and phone evidence covers how that kind of proof is preserved.
- What the driver said. "I never saw him" and "I thought I had room" are admissions that the driver either was not looking or misjudged the clearance the law required.
Some of the worst close-pass crashes involve no contact at all. A truck pinches the lane, the rider swerves into the curb or the gravel, and the driver keeps going. Those cases are harder, because there is no dent to point to, so witnesses and video carry more weight. If the driver left the scene, the police report and your own insurance become even more important.
How fault gets split
Nebraska does not throw out a rider's claim just because the rider made a mistake. Under Neb. Rev. Stat. § 25-21,185.09, the injured person's own negligence "shall diminish proportionately" the damages, but the claim is barred entirely if the rider's negligence "is equal to or greater than the total negligence of all persons against whom recovery is sought."
Here is a hypothetical to show how that plays out. A rider's damages come to $200,000. The driver passed with a foot of clearance, but the rider was out after dark without a front light. If a jury puts 80 percent of the fault on the driver and 20 percent on the rider, the rider recovers $160,000. If the jury splits it 50–50 with a single driver, the rider recovers nothing.
That math explains why insurers fight so hard over a few percentage points, and why the "you were too far out in the lane" argument has to be met with the § 60-6,317 exceptions and the physical evidence, not just a denial.
Whose insurance pays a cyclist
Start with the driver's liability policy. Neb. Rev. Stat. § 60-310 sets the minimum at $25,000 for bodily injury to one person and $50,000 per accident, and plenty of drivers carry no more than that. A broken pelvis or a head injury can use that up fast.
Many riders forget they may have coverage of their own. If you carry an auto policy, its uninsured and underinsured motorist coverage may apply even though you were on a bike, depending on the policy language. My guide to underinsured motorist coverage explains how that second layer is calculated. Health insurance, Medicare or Medicaid may pay medical bills while the claim is open, usually subject to repayment; see paying medical bills while your case is pending.
Mistakes that hurt cyclists' claims
- Letting the shop fix the bike. Get a written estimate, but leave the frame, wheels and helmet as they are until they have been photographed and inspected.
- Posting the ride. A public upload titled "Back on the bike!" a week after the crash will end up in the adjuster's file. Read how insurers use social media before posting anything.
- Saying "I'm fine" at the scene. Adrenaline hides pain. Tell the officer and the medics what hurts, and nothing more about fault.
- Gaps in treatment. Skipped appointments become the insurer's argument that you weren't really hurt.
- Waiting. Video gets erased and witnesses move. The legal deadline is also real; my page on the Nebraska statute of limitations explains the time limits.
If you were hit on a bike
- Call police and get a report, even if the driver wants to "handle it."
- Photograph the scene, your bike, your gear, and your injuries.
- Keep the damaged bike and helmet. Don't repair or throw them away.
- Get names of witnesses and note any cameras nearby.
- Don't give a recorded statement to the driver's insurer before getting advice.
If the crash involved an e-bike or e-scooter, or a child, my post on e-bike and scooter injury liability covers the issues that come up.
Why cyclists trust me with their case
I don't let an insurance company turn a close pass into the rider's fault. I build bike crash cases on the physical evidence and the rules of the road, and I make the driver answer for the three feet the law required. My clients have recovered more than $23 million, including a $5.4 million result, and they share their experiences in many five-star reviews. My firm was voted Best of Omaha for personal injury law in 2025 and 2026.
If a driver hit you while you were riding in Nebraska or western Iowa, talk to an attorney who handles pedestrian and bicycle injury cases and serious motorcycle and two-wheel crashes. Call me at (402) 378-9208 or get in touch here. The consultation is free, and you owe nothing unless I win.
Frequently asked questions
- How much room must a driver give a bicycle when passing in Nebraska?
- Under Neb. Rev. Stat. § 60-6,133, a driver overtaking a bicycle must exercise due care and leave a safe distance of no less than three feet of clearance, where applicable — and keep that distance until safely past the rider.
- What is Nebraska's move-over rule for bicycles?
- Since July 18, 2026, Nebraska has had a second rule on top of the three-foot clearance. Neb. Rev. Stat. § 60-6,378.02 applies when a driver is "approaching or passing a vulnerable road user," and § 60-676.01 puts anyone operating a bicycle or an electric bicycle on or along a highway inside that definition.
- Do cyclists have to ride at the edge of the road in Nebraska?
- The law puts duties on cyclists too, and I tell riders the truth about them because insurers will. Under § 60-6,317, a person riding a bicycle slower than the normal speed of traffic is to ride as near the right-hand curb or edge of the roadway as practicable. But the statute lists exceptions, including passing, preparing to make a left turn, avoiding unsafe conditions, and a lane too narrow for a bike and a car to share safely.
- Can a cyclist who was partly at fault still recover in Nebraska?
- Nebraska does not throw out a rider's claim just because the rider made a mistake. Under Neb. Rev. Stat. § 25-21,185.09, the injured person's own negligence "shall diminish proportionately" the damages, but the claim is barred entirely if the rider's negligence "is equal to or greater than the total negligence of all persons against whom recovery is sought."
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Frank Younes
Every page on this site is written by Frank Younes, a Nebraska trial attorney with a published record of verdicts and settlements, selection to the National Trial Lawyers Top 100, and a practice that covers every county in Nebraska and Iowa. No case is handed to an associate — the lawyer you read here is the lawyer who works your case.
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