Bicycling doubles as a transportation means and exercise type many people enjoy in Nevada. Unfortunately, bicycle accidents occur and result in severe injuries or fatalities. If you have been involved in a bicycle accident in Nevada, you may wonder how to seek compensation for your injuries.

Insurance companies will often try to settle with you quickly and for much less than your case could be worth. A lawsuit might be the appropriate course of action if someone else's negligence caused the accident. Before bringing a bicycle accident lawsuit, you must have evidence and information that supports your claim. A bicycle accident attorney can help gather evidence and pursue your compensation.

Filing A Bicycle Accident Lawsuit In Nevada

Personal injury lawyers advise that you seek medical attention immediately after you are involved in a bicycle accident. Injuries can surface once the adrenaline wears off, even if you feel fine immediately after the accident. Seeking medical checkups after an accident will help identify any injuries that may not be apparent initially and document them for your case.

Next, contact a personal injury attorney to help you determine whether you have a case. The lawyer will guide you through filing a lawsuit if you have a case. They can also represent you in negotiations with the at-fault party's insurance company to ensure you receive fair compensation.

Insurance companies could offer a low settlement to avoid going to court, but your attorney can help you understand the value of your case and fight for the compensation you deserve. Your case will go to trial if a settlement cannot be reached, and your attorney will present evidence and arguments to prove your case to the judge or jury.

If your bicycle accident case goes to trial in Nevada, evidence will play a crucial role in proving your case. The following are examples of the pieces of evidence that you should present at trial:

  1. Police reports related to the accident. The police report will provide detailed information about the accident, including the location, date and time, the parties involved, and arrests made. You could use this report as evidence to establish the facts of your case.
  2. Weather data. Weather reports could establish whether the weather played a role in causing your bicycle accident. For example, if the accident occurred during a rainstorm, it could be argued that the wet conditions contributed to it.
  3. An account from an accident reconstruction expert. Experts could testify about the mechanics of the accident. They could use physical evidence, such as skid marks and damage to the vehicles involved, to reconstruct the accident and determine what caused it.
  4. Eyewitness accounts. Accident witnesses can offer valuable evidence at trial. Witness testimony could establish the at-fault party and what occurred during the accident. Eyewitnesses could also provide information about any statements the parties involved in the accident made.
  5. Medical records and expert medical testimony. These records could be crucial evidence in bicycle accident cases. Medical records could show the extent of the injuries sustained in the accident. Also, medical experts can testify about the medical treatment required, the long-term effects of the injuries, and the cost of ongoing medical care.
  6. Video surveillance footage. CCTV footage offers visual evidence of bicycle crashes. Video surveillance footage could establish the at-fault party and what happened during the accident.

In a criminal trial, the prosecution must prove the defendant's guilt beyond a reasonable doubt. This means that the evidence must be so strong that there is no reasonable doubt that the defendant committed the crime. In a civil trial, such as a bicycle accident lawsuit, the burden of proof is lower. You only need to prove your case by a preponderance of the evidence.

That means that the evidence presented must be more likely to be true than not. Even though the burden of proof is lower in a civil trial, your attorney will still need to present a strong case. The evidence must be convincing and support your claim that another party's negligence injured you.

Whom to Sue in a Bicycle Accident Lawsuit

 Determining whom to sue can be complex when filing a bicycle accident lawsuit in Nevada. There could be several at-fault parties, depending on the accident's circumstances. Possible defendants in a Nevada bicycle accident case include:

  1. The vehicle driver that hit you. They could be the most obvious defendant. If the motorist was negligent, such as failing to yield the right of way or driving under the influence of drugs or alcohol, they might be held responsible for the accident.
  2. The owner of the vehicle. The vehicle owner could be liable if they allowed someone else to drive the vehicle and that person caused the accident. Additionally, if the owner knew that the driver had a history of reckless driving or DUIs, they could be held responsible.
  3. The bicycle manufacturer. You could hold the bicycle or spare parts maker responsible if your accident was caused by a defect in the bicycle or one of its parts. For example, defects in the brakes, tires, or frame.
  4. The government and relevant agencies. If the bicycle accident was caused by a road defect, such as a pothole or uneven pavement, the government agency responsible for maintaining the road might be liable.

If the accident occurred while you were on the job, your employer's workers' compensation insurance might cover your injuries. When determining whom to sue, your attorney will consider several factors, including the evidence available, the parties involved, and the extent of the damages. In some cases, multiple parties could be sued. The defendant with the deepest pockets will depend on the case's specific circumstances.

What Defendants Should Be Sued For

When filing a lawsuit, there are several claims that you could bring against the defendants. Your attorney will help you determine the ideal claims to pursue based on the circumstances of your case.

Negligence

Under Nevada law, negligence occurs when a person fails to exercise reasonable care, injuring another person. To prove negligence in Nevada, three elements must be established:

  • Duty of care - The defendant had a legal duty to exercise reasonable care to avoid injuring others.
  • Breach of duty - The defendant breached their duty of care by acting in a way that a reasonable person would not have in similar circumstances.
  • Causation - The defendant's breach of duty caused your injuries.

For example, Kate is texting while driving and hits John, a bicyclist who is crossing the street, causing them serious injuries. If John sues Kate, the court could find her negligent because she had a duty to exercise reasonable care while driving, breached that duty by texting, and caused John’s injuries.

Other possible claims you could bring against defendants include strict liability, product liability, and premises liability.

 Negligence Per Se

In Nevada, "negligence per se" is when a defendant violates a law or regulation meant to protect a particular group of people and, as a result, causes injury to a group member. Under Nevada negligence laws, four elements must be proven to establish negligence per se:

  • The defendant violated a statute or regulation.
  • The statute or regulation was intended to protect a particular group of people.
  • You are a member of that group.
  • The defendant's violation of the statute or regulation caused your injuries.

In the context of a bicycle accident, negligence per se could apply when a driver violates a Nevada traffic law that protects bicyclists, for example:

  1. NRS 484B.600, which prohibits speeding than is reasonable or proper.
  2. NRS 484C.110, which criminalizes driving under the influence of drugs or alcohol.

If a motorist violates one of these laws and causes a bicycle accident, they could be found negligent per se. The law protects bicyclists, the bicyclist is a member of the group protected by the law, and the driver's violation of the law caused the bicyclist's injuries.

Products Liability

 A defective product, such as a faulty bicycle part, could cause a bicycle accident. In such situations, a product liability claim could be appropriate. To establish a products liability claim in Nevada, you must show all four of the following elements:

  • The product was defective at the time it left the manufacturer's control.
  • The defect made the product unreasonably dangerous.
  • The defect caused your injuries.
  • You were using the product in a reasonably foreseeable way at the time of the accident.

If these four elements are present, the defendant could be held strictly liable for causing your injuries, meaning that fault does not need to be proven. This differs from a negligence claim, where the plaintiff must prove the defendant was at fault.

A product liability claim could be appropriate even if the bicycle accident does not involve other motorists. For example, if a defective bicycle part causes a crash, the manufacturer or seller could be held strictly liable for the plaintiff's injuries.

Wrongful Death in Nevada

Losing a loved one in a bicycle accident is a devastating experience. If someone else's negligence caused the accident, you could bring a wrongful death claim in Nevada. To establish a wrongful death claim, you must show the following elements in court:

  • The defendant had a duty of care to the deceased person: The defendant must have had a legal obligation to exercise reasonable care to avoid causing harm to the deceased person.
  • The defendant breached their duty of care: The defendant must have failed to exercise reasonable care, and this failure must have been the cause of the deceased person's death.
  • The breach of duty caused the deceased person's death: You must show that the defendant's actions or inactions caused the fatal bicycle accident that resulted in your loved one's death.
  • The deceased person's death resulted in damages: You must show that you suffered damages due to your loved one's death, such as funeral expenses, medical bills, lost wages, and pain and suffering.

Possible Damages in a Bicycle Accident

With the right legal information and guidance, you can navigate the claim process and receive the compensation you deserve. Firstly, you want to understand the damages you can recover from a biking accident.

Compensatory damages compensate you for your losses, including:

  • Economic Damages

Economic damages are tangible losses, such as medical expenses, lost wages, and property damage.

  • Non-Economic Damages

Non-economic damages are intangible losses, for example, pain and suffering, emotional distress, and loss of enjoyment of life.

Nevada has no cap on compensatory damages you can recover in a bicycle accident lawsuit. You could recover the total amount of your economic and non-economic damages.

  • Punitive Damages

In addition to compensatory damages, you could recover punitive damages in a Nevada bicycle accident lawsuit. Punitive damages punish the at-fault party for their actions and deter others from engaging in similar behavior.

To be eligible for punitive damages in Nevada, you must prove that the at-fault party acted with malice, oppression, or fraud. This can be a high standard, and you should work with an experienced attorney to build a strong case for punitive damages.

How To File A Lawsuit In Nevada

  1.  Hire an experienced bicycle accident attorney. An attorney can help you navigate the legal process, negotiate with insurance companies, and build a strong case.
  2. Investigating. Your attorney will investigate the accident. The investigation involves interviewing witnesses, obtaining medical records and police reports, and reconstructing the accident scene.
  3. Negotiate a settlement with your insurer. If your attorney cannot negotiate a settlement with the at-fault party's insurance company, they could recommend filing a lawsuit. In Nevada, the statute of limitations for a personal injury lawsuit is two years from the accident date. So you must file a lawsuit within two years of the accident or lose your right to recover compensation.
  4. Discovery period. Once your lawsuit is filed, the discovery process begins. During this stage,  both sides exchange evidence and information about the case.

A judge or jury will decide if your case goes to trial. Your attorney will present evidence and arguments on your behalf, and the defendant’s side will do the same. The judge or jury will then decide based on the evidence presented.

What Happens If I'm Partially Responsible?

 If you are partially to blame for a bicycle accident in Nevada, you could still recover compensation for your injuries. Nevada follows a comparative negligence system, which allows you to recover damages even if you were partially at fault for the accident.

Under comparative negligence, the compensation you can recover is reduced by the percentage of fault attributed to you. For example, if you were 25% at fault for the accident and your total damages were $100,000, you could recover $75,000 ($100,000 minus 25%).

However, per the modified comparative negligence system, you can only recover damages if you are less than 50% at fault for the accident. If you are found to be 50% or more at fault in Nevada, you cannot recover any damages.

To understand how comparative negligence works in practice, consider the following example:

John is riding his bicycle on a busy street when a car driven by Jane strikes him. The accident occurred because Jane was texting while driving and didn't see John until it was too late. However, John also rode his bicycle in the wrong direction on the street, contributing to the accident. In this case, a jury could find that Jane was 75% at fault for the accident, while John was 25% at fault. If John's total damages were $100,000, he could recover $75,000 ($100,000 minus 25%).

Common Bicycle Injuries

Bicycle accidents can result in serious injuries or even catastrophic injuries. Bicyclists are particularly vulnerable to injury because they do not have the protection of a car or other vehicle. Additionally, bicyclists could be difficult for drivers to see, particularly in low-light conditions or when riding in the driver's blind spot.

The following are some of the most common injuries sustained in bicycle accidents:

  • Head injuries: Head injuries are the most common type of injury sustained in bicycle accidents. Even when wearing a helmet, bicyclists can sustain serious head injuries if they collide with a car or other vehicle. Head injuries can range from mild concussions to traumatic brain injuries, which can have long-lasting effects on the victim's cognitive abilities and quality of life.
  • Fractures: Bicyclists could suffer fractures to their arms, legs, and pelvis, which can be painful and require a lengthy recovery period.
  • Road rash: Road rash means abrasions and lacerations sustained when a bicyclist's skin comes into contact with the road. Road rash can be excruciating and can result in scarring.
  • Spinal cord injuries: Spinal cord injuries can result in paralysis or other permanent disabilities.
  • Soft tissue injuries: Soft tissue injuries, such as strains and sprains, can be painful and could require physical therapy to heal fully.

Find a Las Vegas Bicycle Accident Attorney Near Me

 If you are injured in a bicycle accident in Las Vegas, experts recommend seeking medical attention immediately. Even if you do not feel seriously injured, being checked out by a medical professional ensures that no underlying injuries can worsen.

Once you have received medical attention, contact a personal injury lawyer to help you navigate the legal process and recover compensation for your injuries. An experienced personal injury attorney can help you gather evidence, negotiate with insurance companies, and, if necessary, take your case to trial.

At Las Vegas Personal Injury Attorney Law Firm, we understand how devastating a bicycle accident can be. Our experienced personal injury attorneys are committed to helping our clients recover the compensation they deserve.

We offer free consultations, so you can receive the legal advice you need without any financial risk. Contact us today at 702-996-1224 to schedule your free consultation and learn more about your legal options.