One of Nevada's most environmentally friendly modes of transportation is cycling. Cycling has several health advantages in addition to being a clean and affordable transportation option. However, cycling carries risks as well. Unlike drivers, bicyclists are not enclosed. In a traffic collision, you are likely to sustain severe injuries.
According to research by the Centers for Disease Control (CDC) in 2018, more drivers and cyclists are using the roads, leading to increased accidents and fatalities. In the US, over 10000 cyclists were fatally injured, and over 50000 had severe injuries in bicycle accidents in 2018.
The statistics are also depressingly high in Nevada. The National Highway Traffic Safety Administration reports that 300 cyclists in Nevada out of a million who rode bicycles yearly died in traffic incidents in 2013. The crash data shows over 800 bikers perished in Nevada bicycle accidents in 2016.
Your mental health, financial situation, or interpersonal relationships may all suffer if you become hurt due to someone else's faults. The good news is that you can be compensated for your injuries. In Las Vegas, the compensation processes take a while. You do not want to add a demanding legal case when you are in excruciating agony.
You need a personal injury attorney to take on the legal struggle as you heal from your injuries and damages. Our lawyers at the Las Vegas Car Accident Attorney Law Firm have a track record of success in the courts, where clients receive fair compensation. While you concentrate on your recovery, let us fight for your legal rights.
Establishing Fault in a Nevada Bicycle Accident
Injuries from bicycle accidents are recorded in the US annually at 15000. Different states have laws regarding who is liable for injuries sustained by bicycle riders. To identify the responsible party in this situation, you need the assistance of a personal injury lawyer. To successfully receive compensation for any damage, the responsible party must first be identified.
Under Nevada legislation, bicycles are not considered to be vehicles. This makes identifying who is at fault in a bicycle collision difficult. However, bikers must adhere to the same traffic laws as drivers. For example, the three-foot rule still holds. In this instance, a driver passing a bicyclist in a single lane must leave three feet between their vehicle and the bicycle.
First Party Liability in a Bicycle Accident
In Nevada, when a motorist strikes a bicyclist, they are responsible under the negligence per se rule. You must show particular elements in your injury case, including:
- The driver had a duty of care.
- The driver disregarded his duty of care.
- The bicycle collision could have been prevented if the driver had not breached their duty.
- You must demonstrate that the driver's negligence caused your injuries. There is a clear connection between the harm you suffer, the breaking of traffic laws, and the injuries or damages you sustain. You must have sustained physical harm or property damage due to the bicycle accident. You are compensated for non-financial and intangible losses after demonstrating the loss.
- A violation of the law is when a driver disregards traffic safety laws out of negligence.
You need an experienced personal injury lawyer for your claim to proceed to the trial stage. To convince the jury to grant you punitive damages, your attorney will help demonstrate the driver's responsibility and negligence.
Third-Party Liability in a Bicycle Accident
Third parties in a bicycle accident could be the driver's or the vehicle's owner's employers. In several situations, other persons are responsible for injuries caused by bicycle accidents.
- Negligent entrustment - In this case, the car owner or the driver's employer may be held accountable for your injuries due to improper supervision. The employer is responsible for overseeing and managing employees.
- Respondeat superior - If the negligent driver operated within the confines of his employment, his employer is liable for your damages.
Alcohol distributors are partially liable for bicycle accidents if they fail to prevent the drunk driver from operating a vehicle while intoxicated.
Types of Compensation for Bicycle Accidents
Your attorney will give you reasonable compensation estimates for your losses once it is shown in your lawsuit that you sustained damages due to carelessness. You can be eligible for particular compensation types in a personal injury lawsuit. Note that compensation varies depending on how the accident affected you.
Was the victim hurt, or did they die? How serious are injuries, if any? The compensation types a court may grant to a bicycling accident victim are listed below:
General or Non-Economic Damages
Because they are intended to compensate plaintiffs for imperceptible suffering like emotional distress, mental torment, and other psychological disruption, they are known as non-economic damages. Loss of life enjoyment and affection/companionship, pain and suffering, psychosocial harm, and emotional distress are a few damages that fall within the category of general damages.
Non-economic damages support cyclists whose lives are permanently altered by a bicycle collision. You must show that the defendant's negligence or carelessness caused your injuries before the jury directs the defendant to compensate you.
You may present witness testimonies, expert testimony, visual or photographic evidence, police or medical records, and video or photographic evidence in court.
Pain and Suffering
Bicycle accident victims frequently experience excruciating agony and suffering from their wounds. If you experienced pain and are reasonably expected to feel so for a long time, you may be entitled to compensation. This compensation provides you with some alleviation from the severity of your wounds and any potential future suffering.
Ensure you hire a qualified and seasoned attorney for a successful claim. They are expected to compile and submit crucial information, including the intensity and duration of your discomfort and any further injuries you may have sustained in the accident. Pain and suffering include a variety of things, including:
- Psychological, emotional, and mental trauma.
- The possibility of injuries becoming worse.
- The reputation of the victim in instances of severe disfigurement.
While these are legitimate claims that, if proven, would result in reasonable compensation, the downside is that they cannot be measured. As a result, negotiating such claims is difficult. In addition, it is impossible to comprehend the depth and breadth of another person's pain.
Loss of Enjoyment of Life
Suffering injuries in a bicycle accident will significantly change your life. You will not be able to partake in activities you usually do, such as dancing and athletics. If the wounds are severe, you will not be able to engage in any of your former joys. It can be sad to lose the ability to enjoy life's pleasures. You may be compensated for this loss through a judicial award in your damage lawsuit. The judge will decide how much you can earn from this award. However, a Los Angeles car accident lawyer can offer professional guidance on a fair amount you should receive.
You likely require long-term help if you sustained severe injuries from your bicycle accident, such as back problems. If you break a limb, you should mainly employ someone to help you move around the house or conduct errands.
These workers require money for services like cooking, taking care of you and your children, mowing the grounds, and assisting you with daily activities. You may be entitled to compensation if you need help for tasks you used to perform independently.
You must demonstrate to the jury that you cannot complete the things you need assistance with before they compensate you for substitute services. Here, you need a capable attorney and physician to assist you in assembling this kind of proof.
A bicycle accident victim may experience emotional discomfort, which could impair their ability to lead a healthy life. You must be compensated in your injury claim for the psychological harm the inquiries have caused.
Any indications of emotional distress can be identified by your doctor, who can also prepare a report that your lawyer can submit to the court. Lack of sleep, fear, and anxiety are symptoms of emotional distress. Remember that psychological discomfort is a subjective experience that differs from victim to victim.
These medical records are what the jury uses to calculate how much compensation you should receive. The medical history may also come in helpful when you submit claims to your insurance company.
Writing about various emotions daily is an excellent way to document your sentiments following a bicycle accident. The details can be written down in a daily journal or private diary.
Loss of Consortium
You are eligible for this compensation if you are married or living with a registered domestic partner. A bicycle accident might have a lasting impact on your family's relationship. This implies that the affection and love you formerly shared with your spouse and children before the accident will no longer exist. Receiving compensation for such a loss is both just and deserving.
Special or Economic Damages
Special damages are the primary financial compensation for claimants after a bicycle accident. This is because particular damages, as opposed to general damages, have observable repercussions. This kind of payment, also known as economic damages, aids plaintiffs in being reimbursed for expenses incurred during and after the collision.
You may likely sustain injuries in a bicycle accident, whether they are minor or severe. The type of crash determines the extent of your injuries. You could sustain small wounds like minor scratches and bruises or severe harm like paralysis and lifelong impairment.
You should see a doctor immediately, no matter how severe your wounds are. Internal traumas, including brain damage and internal bleeding, are treated as soon as possible, thanks to medical care.
You can recoup your expenses for medical care, rehabilitation, medication, and other forms of treatment with this kind of compensation. Your lawyer consults with your doctor or the medical center where you receive treatment to ascertain the costs of your care before you file a claim for compensation for injuries suffered.
If you have not fully recovered while submitting a compensation claim for your injuries, your attorney should also request an estimate of future medical expenses. Additionally, if your loved one died in a bicycle accident, your lawyer can assist you in filing claims for wrongful death and expenses incurred between the time of treatment and the death.
Lost Income and Earning Capacity
The court may require the defendant to compensate your lost wages. Compensation is provided if your doctor determines you are not well enough to return to work. You are compensated for lost wages from the crash until the court hearing or settlement.
The jury may also order the defendant to make up for any lost benefits, such as retirement or health benefits, in addition to lost income. Your attorney should not forget to request that the healthcare facility include any potential for long-term incapacity following the hearing.
Bicycle riders are likely to lose their ability to earn a living due to severe injuries sustained in an accident, so it is crucial to keep future records demonstrating potential disabilities. Serious injury can make it difficult for you to carry out regular tasks and errands. If you need to receive physical treatment or have mobility issues, you may need to spend a lot of time in bed.
However, claimants with regular work are more likely to receive compensation than those with informal employment or self-employment. You must show the court your prior earnings history if you work unofficially.
Following Nevada law, compensation for lost wages is computed from the time of the accident thru the court's decision on a settlement. If your injuries are severe and prevent you from working for a living, the defendant will continue to pay you money in the future.
Your professional training, skills, talents, health status, age, experience level, life expectancy, and occupation are all considered when determining your future compensation.
If the damage from the accident prevents you from earning future pay, the compensation you are due will be determined using your prior income level. Your compensation covers the total cost of your medical care for medical expenses, and your lost income equals the wages you would have earned had the accident not happened.
Under this compensation category, you can request payment for any personal property lost due to an accident. These might include clothing, electronics like iPhones, helmets for riders, or any other valuable item. You may be entitled to reimbursement for bicycle repair costs if the accident results in destruction. This is only true if the cost of repairs is less than the bicycle's original purchase price before the collision.
However, if the cost of repair exceeds the bicycle's value, you may be able to recover the difference. This also holds if your bicycle is irreparably damaged. You must submit supporting documentation and cost estimates from a reputable bicycle shop to qualify for this compensation. Have a professional inspect your bike to determine the severity of the damage.
Someone else needs to take care of your kids if you are hurt in a bicycle accident. As a result, until your injuries are fully healed, you will need to employ someone to take care of your children's requirements. You are therefore eligible for payment for childcare services.
As the name implies, rather than compensating your losses, these damages are meant to punish the motorist for their carelessness. Particular events typically result in these damages being granted. If your claim is successful, it could be awarded in addition to the previously mentioned economic and non-economic damages. It is possible that the defendant behaved maliciously and purposefully with the intent to hurt the plaintiff. Punitive damages are given in circumstances like these to warn and deter repeat offenders.
One such instance is when a driver willfully violates traffic laws and must pay punitive damages. Compensation may be available if the bicycle accident victim passed away or was permanently disabled. Punitive damages are up to the judge's discretion and could set any amount, like other general damages.
Families who have lost a loved one in a bicycle accident have the legal right to pursue claims for damages. A surviving spouse or domestic legal partner can typically bring the lawsuit. According to Nevada succession laws, children, grandchildren, and other heirs of your estates may also bring a case. If their claim is accepted, they are entitled to payment for:
- Costs associated with treating injuries before the person passes away
- Funeral costs
- Psychological harm from helping loved ones
- Loss of financial assistance, if the victim's family was dependent on their income
You must establish specific criteria before the jury can award you this form of compensation, including:
- The bicycle accident caused the victim to pass away.
- The driver's recklessness or negligence led to the victim's death.
- You are the victim's heir.
- Since the victim passed away, you were left with damages and a loss of financial assistance.
What To Do After a Bike Accident
If a bicycle and an automobile are involved in an accident, it is advised to perform the following steps immediately:
Seek Immediate medical attention
The first thing you should do if you are involved in a bicycle accident is to seek a medical checkup. Call 911 or have someone else call on your behalf in the event of significant injury. Even while you might not feel any discomfort right away, there is a likelihood that you have internal bleeding due to injuries you may have sustained internally. Being checked by a doctor is, therefore, crucial. A bicycle collision may result in a variety of injuries, such as:
- Bone fractures
- Dislocations or sprains
- Neck, back, and head injuries
- Tooth fractures
- Internal bleeding Head injury
To be safe, seek medical advice from a reputable physician.
Obtaining all relevant information concerning the accident is another crucial action to take after an accident. The license plate number, vehicle identification number (VIN), year, make, model, color, and driver's name and contact information are among these. Additionally, make a list of potential witnesses and note down their contact information.
If you have your smartphone with you, it will be a huge benefit. You can document the occurrence and your injuries by taking pictures and videos. Also, call the police immediately if the driver is uncooperative, attempting to flee, or if there is any other threat to your safety.
Never Admit Fault
For some, offering an apology in such a situation may seem like the most gracious and natural course of action. It is best to avoid saying anything that could be seen as admitting fault for the accident. When you decide to make a claim, your words could jeopardize your chances of receiving compensation.
Do not ever acknowledge that you are at fault. Tell the driver to contact your attorney if they continue to insist. One of the most important issues in a personal injury claim is the question of fault. Therefore, never accept responsibility, especially if you are unsure of the precise cause of the collision. Your attorney should handle the difficult interactions with the driver and the insurance provider.
Find a Personal Injury Attorney Near Me
In Las Vegas, Nevada, the results of bicycle accidents could be catastrophic. Regardless of your injuries’ severity, you must understand available legal options and take advantage of them. One way to guarantee you are compensated for your suffering and losses is to file a personal injury lawsuit.
Following a bicycle accident, medical costs could deplete your resources and limit your ability to earn a wage in the future. If the victim dies, their surviving family members may launch a lawsuit and seek compensation through wrongful death damages.
You need a competent attorney to take on the negligent parties and ensure you are compensated for your damages. At the Las Vegas Car Accident Attorney Law Firm, we cannot guarantee that we will make your injury disappear.
We vow to handle your case with the utmost professionalism, sympathy, and aggression for a successful outcome. Call us at 702-576-0010 to schedule a confidential consultation and case evaluation with one of our capable attorneys.