Nevada's long and crowded roads and streets entice most motorcyclists who like riding on open roads and can maneuver around traffic jams. However, road conditions are not the only causes of motorcyle accidents. Negligent drivers, hazards, and obstacles are some of the significant causes of road accidents.
At the Las Vegas Personal Injury Attorney Law Firm, we are determined to help clients fight for justice and acquire full compensation in motorcycle accidents. We have helped many clients with catastrophic injuries from car and motorcycle accidents. We are available 24/7, so give us a call, and we will answer all your quetions and guide you.
What is the Current Motorcycle Accident Situation in Nevada?
At the start of every summer in May, Nevada starts a Motorcycle awareness month. Even with the warm temperature year-round that makes driving the best option, there is a period known as the 100 deadliest days when motorcycle accidents shoot up during labor and memorials day. During this period, drivers and motorcyclists are advised to be more careful on the road. With more people opting to drive due to the warmth in summer, motorcyclists should be aware of the risks of riding on the streets in summer.
Motorcycle accidents are rare in Nevada, but Las Vegas is where most fatal accidents happen. Most of these accidents result in injuries to either the motorcyclists, a passenger carried by motorcycle, or a nearby pedestrian. If you or your loved one is involved in a motorcycle accident, you should contact us. We will help you get compensated. Most insurance companies blame motorcyclists and deny them the claim. That is why you need a professional attorney with a record of winning motorcycle accidents.
What are the Requirements for Motorcyclists in Nevada?
Motorcyclists are supposed to have a valid Nevada Motorcycle License to ride a motorcycle and complete a motorcycle safety course. They must put on helmets authorized by NHTSA helmet standards failure to which they will face charges for Nevada crime of failing to wear a helmet (NRS486 231). What is more, the motorcycle must be equipped with:
- Wheel fenders
- Both front and back Turn signals
- Front and back Breaks
- Passengers footrests
- Rear-view mirrors on handles
- Rear-mounted reflector with low beam lights
- Brake lights
Moreso, riders are supposed to carry the following insurance coverage minimum:
- $50,000 for physical harm of two people in a single incident
- $20,000 for any property destruction in a single incident
- $25,000 for bodily damage for one person in a single incident
What Should I Know About Motorcycle Accident Injuries in Nevada?
If you have been hurt in a motorcycle accident in Las Vegas, there are things you ought to know. Motorcycle accidents are different from the rest because the insurance company for a vehicle that caused the collision will try to blame you even though the other car is at fault. The reason being, they think that people riding motorcycles are dangerous and do not observe traffic rules. Even with no defect, they are going to try to avoid their responsibility to you. If a car and a motorcycle collide, there will be little damage to the vehicle than the damage on the bike. These are cases that need a professional and experienced attorney who has experience in dealing with insurance companies. The investigations are going to be intense; that is why you need someone who has handled motorcycle accidents before.
What are the Major Causes of Motorcycle Accidents in Las Vegas?
In Nevada, motorcycle accidents are mainly caused by human error or external forces. However, most accidents are a result of car drivers' negligence. If a driver ignores motorcyclists, he is likely to cause a collision. The car driver may believe that he has the right way rather than the motorcyclist, resulting in a massive disagreement between the two.
Across the United States, distracted driving is the primary cause of motor vehicle accidents. Since motorcycles and vehicles move very fast, a distraction for one second can cause a collision. In 2011, Nevada introduced a ban on driving with a cell phone at hand, but drivers still cause accidents when they make calls or send messages while driving. .Distracted drivers cause more accidents today than other drivers.
The Metro area in Las Vegas does not include snow or have heavy rainfall. However, heat and sunlight also cause poor visibility. The sun's blaze can make a driver temporarily blinded due to the light and end up causing an accident. The heat can also cause fatigue making the driver's reaction slow. Although weather conditions rarely play a part in accidents in Las vEGAS, it still can play a huge role in a motorcycle accident.
Almost 1000 people die yearly in Nevada as a result of drunk drivers. Driving under the influence of drugs is the primary cause of car collisions. Taking drugs or alcohol =before du=riving puts so many people at risk as the driver is likely to cause a fatal accident. Motorcycle accidents are among the many possible circumstances where driving under the influence can cause significant injuries and death.
Do I Have to Wear a Helmet in Nevada?
Yes, the department of motor vehicles in Nevada states that a universal helmet law applies in Nevada state. The law states that while riding a motorcycle, all riders and passengers must wear helmets regardless of their age or passengers or riding.
What Is The First Thing I Should Do After My Motorcycle Accident?
If you are not at fault, you should call the police. But if you are not sure about who is at fault and time permits, contact a car accident attorney. However, if time does not permit, call the police to document the accident scene and cite the individual at fault. It will protect the person, not at fault.
If your injuries are mere and time permits, look for a car accident attorney. If your injuries are severe, rush to the hospital, and you can talk to an attorney while in the hospital.
Who is Responsible for My Damages?
After an accident, most people ask, "who will pay for my expenses?" You may have lost wages, property damages, hospital bills, and other damages caused by an accident. There may be a person or company responsible for your compensation. Nevada is a fault state, where the individual at fault for the accident should pay for the damages. However, finding the person at fault is not always easy. In most motorcycle accident claims, the defendant may point out that the motorcyclist responsible for his/her injuries. For instance, not wearing a helmet, speeding, weaving in traffic can cause an accident or cause injuries. If you partially contributed to the collision, you could still be eligible for compensation. If you are less than 51% responsible for the crash, Nevada law enables you to get compensated (abiding by contributory negligence laws).
What Damages are Available in Motorcycle Accident Claims?
For motorcyclists who sustained brain damage, their average hospital costs are 13 times higher than the value of those who sustained other injuries. A professional attorney can guide you and help you fight for compensation for your hospital bills.
Depending on your case, you can also be compensated for:
- Rehabilitation and therapy sessions
- Full and partial disability
- Immediate and future wages
- Current and future medical expenses
- Suffering and pain
- Cost of medical device and prescriptions
- Permanent or temporary disability.
- Vehicle repair bills
- Funeral expenses
What Can I do If I Cannot Afford Medical Care?
Your health should be your top priority; that is why it is essential to get the medical care you need for your injuries. If you are perturbed about paying for this medical care with your money, we can help you discover more about your available options. Some injuries require long-term care; our attorneys will help you get the care without using your cash.
Our Las Vegas Car accident attorney will professionally handle your accident claim and your doctors' statement, and medical records to ensure you get maximum financial recovery.
How Can I Begin a Motorcycle Accident Claim in Nevada?
Beginning the process of filing your claim can be overwhelming; that is why our dedicated team is here to help and guide you from beginning to end. While you undergo your medical treatment, book a free consultation with us, and our experienced attorneys will follow up to investigate your accident. We handle our clients with uniqueness and professionalism to ensure they get compensation for every damage they incurred.
How Can I File a Motorcycle Accident Lawsuit in Nevada?
Before proceeding to court, the victim attorneys would contact liable parties to resolve the issue out of court. In most instances, such a case is settled through negotiations. But, if negotiations fail, the victim files a civil lawsuit. Lawsuits can be filed where the accident happened or at the motorcycle manufacturer if the victim is suing the motorcycle manufacturer.
After filling a lawsuit, the case can still be settled out of court. But as the negotiations continue, both parties engage in various legal action practices like:
- Producing evidence
- Giving testimonies
- Answering interrogations
If the case proceeds to trial, both parties are expected to present witnesses and arguments in court. Evidence should include:
- Medical expert testimony
- Medical records
- Surveillance footage of the incident scene
- Weather reports
- Testimony from an accident reconstruction expert
The judges decide if the defendant is liable and the damages caused. The ruling can be appealed to the high court, but if both parties can settle the case out of court, the resolution is not appealed.
In Nevada, injured persons in a motorcycle accident are advised to reach out to experienced lawyers right away. Victims represented by attorneys are more likely to get compensated by insurance companies.
When and Whom Can Sue?
In Nevada, people injured in motorcycle accidents can sue various parties, depending on the case. The parties include:
- If the bike is flawed, the motorcyclist can sue the motorcycle manufacturer
- The driver responsible for the accident
- Mechanics who worked on the motorcycle (that is if their actions caused the motorcycle a fault)
- The county
- If the driver was a minor, the parents are sued
After discovering their injuries, victims have two years to take action against the driver or persons at fault. Though depending on the case, some have up to 4 years to take action. However, you should contact an attorney fast following the accident. Your attorney can calculate the time left for you to file suit and if there is a possibility to extend the time frame.
What are The Elements of Proving a Motorcycle Crash Claim?
In Nevada, negligence is the most common claim in motorcycle accidents. For the victim to prove that the plaintiff is liable, the victim must show the following:
- The accused owed the victim a call of care. For instance, if you are driving carefully.
- The accused did not observe that call 0of care. Such as driving carelessly.
- The victims' injuries led to damages
- The victims' failure to observe the call 0of duty resulted in the victims' injuries
However, if the accident was caused by a faulty motorcycle, the victim can also sue for product liability. To prove that the manufacturer is at fault, the victim needs to show:
- The motorcycle was faulty due to its design, warning defect, or manufacturing
- The fault was present when the victim bought the product
- The motorcycle was driven on the road reasonably by the victim
- The fault caused the injury and damage to the victim
If the motorcycle accident resulted in death, the victim's family could hand in a wrongful death claim against responsible persons.
How Should I Choose a Motorcycle Attorney?
You should hire someone who is professional and has experience dealing with motorcycle accidents. It is not a mere case, do not go to someone who works in an insurance company that makes defense claims. They aim to ensure they pay as little as they can. You will not get justice if you do not have a certified personal injury specialist who regularly handles motorcycle accident claims. Such cases are complex.
Most insurance companies will never compensate you until they know that you have a lawyer preparing your case, and they are willing to take you to trial. Get a professional trial lawyer and be sure to get maximum compensation.
How Does Motorcycle Accident Insurance Investigation Work?
After you have been involved in a motorcycle accident, the other driver's adjuster will contact you and request a recorded statement. They do this because they want to protect the insurance company. They are not doing this to favor you; they reach out because they know you have been injured and may need medical care. After a fatal accident, you might not be able to answer their queries. For many motorcycle accident cases, you have lost memory and can not recall whatever happened, and they are going to use that against you to lower the value of your claim. It is essential to have an attorney before making any statement or even talking to an insurance adjuster. Always contact an experienced motorcycle attorney to guide you.
Do I Have a claim as a Motorcycle Passenger?
If you are injured in a motorcycle accident, several individuals are responsible for that. The driver may be at fault, and you have a claim against him, and if another vehicle was reliable, you also have a claim against them. More so, if you own an insured car and you have an uninsured motorist’s coverage, you have a claim against your insurance cover to ensure that you are fully compensated. That is why such cases are termed critical, and if you are hurt as a passenger in a motorcycle accident, you should contact a professional attorney. It would be best if you had an attorney who is well versed in motorcycle and insurance matters.
Are There Differences Between Motorcycle and Car Accident Case?
Insurance companies are always going to find ways to make you responsible for the accident even though you are innocent and have nothing to do with the accident. Some hire accident reconstruction witnesses and pay them vast amounts so that they can figure out a way to drag you in a mess and say you were the faulty one.
They do this because motorcycle accidents cause severe and prolonged life injuries, which means the claims are significant. Some also believe that motorcycle riding is dangerous; hence you should face the consequences of being injured, but the law states differently. The law states that even though you are a little at fault, you are entitled to compensation. The only way to get full justice is to hire a skilled attorney who will help you fight and win the case.
What if I Was Partially at Fault?
According to Nevada's comparative negligence law, victims who may be partially responsible for the accident may still get compensated. As long as the victim was at least 50% and below at fault, they may have a legal claim. The other driver's insurance company will try to blame you and argue that you were partially to blame, but do not presume you are to blame until you contact a car accident attorney. In most cases, the attorney can prove that the plaintiff played no part in causing their damages and injuries.
What if I Was Hurt Because of Poor Road Conditions?
Many roads are poorly maintained and are dangerous to ride on. While riding a motorcycle on these roads, you are at risk of getting hurt. You could hit a pothole and lose control. If you are injured because of such conditions, you have a claim against the county or Nevada state for failing to maintain proper road conditions. As these are difficult cases, you have to get an attorney who has experience handling such cases.
How Much is My Case Worth in Las Vegas?
It is crucial for a victim in a motorcycle accident case to clearly understand the case's settlement value and the potential trial value. Most personal injury cases are resolved before they get to the trial. If the issue is not solved through negotiations, it proceeds to trial.
The settlement value is always lower than the potential trial value, but the victim should have a solid case and evidence before trial. If the victim lacks this, he/ she is at the risk of taking some responsibility for the accident. Nevada follows a comparative law, which means the victim is likely to lose part of his compensation equal to the percentage of their fault in the questionable incident.
How is My Compensation Calculated?
In Nevada, many motorcycle accidents lead to severe injuries that make it hard for victims to work during recovery. Some victims are permanently unable to get back to work due to permanent disability. In such instances, based on the victim's wage, the court will determine a reasonable compensation amount.
It might be challenging when calculating future earning capacity. The victim's attorney may need to consult financial experts and request them to testify about the victim's total earning capacity if she/he can not be going back to their regular job. The financial experts will be able to calculate the amount of money the victim could have received for the period of his/her work life.
How Much Does a Motorcycle Accident Attorney Cost?
Most motorcycle accident attorneys charge their clients using contingent fees, which means no payment is received if the compensation claim is successful. If the attorney fails with the compensation claim, you are not supposed to pay for legal services. Also, no upfront fee is paid to motorcycle accident attorneys. The first consultation should be free. However, different attorneys charge different amounts of money.
Find a Motorcycle Accident Attorney Near Me
The Las Vegas Personal Injury Attorney Law Firm is professional, dedicated, and keeps you up to date with your case. Our team of lawyers goes above and beyond to try and ensure our clients get the compensation they deserve. We are available all day and night, and our consultation is free. We have handled many motorcyle accident cases before and won compensation for our clients. Do not let the accident case go unattended, leave the case on our hands. Call us at 702-996-1224 today.