Motorcycle accidents involve complicated claims, and it could be challenging to find all of the information you require. You could have accident-related inquiries that no one can answer. That is where our attorneys at the Las Vegas Car Accident Attorney Law Firm come in. We are dedicated to assisting clients in obtaining recompense for motorcycle accidents. Our professionals have assisted numerous clients who have suffered serious injuries in motorcycle and vehicle accidents. Give us a call at any time if you have specific questions that aren't addressed in the list of frequently asked questions below. We'll be happy to assist you with your claim and provide all the information you need.
What's The Current State Of Motorcycle Accidents In Nevada?
Every summer, Nevada observes Motorcycle Awareness Month in May. Even though driving is the most ideal option year-round due to the warm temperatures, there's a time frame termed as the "100 deadliest days" whereby motorcycle accidents spike between Memorial and Labor days respectively. Motorcyclists and drivers are encouraged to exercise greater caution on the roadway during this time. Motorcyclists ought to be mindful of the dangers of riding on the roads in the summer, as more people opt to use vehicles due to the heat.
The majority of fatal motorcycle accidents occur in Las Vegas, yet they are uncommon in Nevada. Most of these collisions lead to injuries sustained to motorcyclists, motorbike passengers, or close pedestrians. You ought to get in touch with an attorney if you or someone you know gets injured in a motorcycle accident. A professional attorney will work to get you compensated. Most insurance providers place the burden on riders and reject their claims. For this reason, you require the services of a qualified lawyer with success in motorcycle accident cases.
What Do I Need to Know About Nevada Motorcycle Accident Injuries?
There are several things you should be aware of if you get hurt in a motorbike accident. A motorcycle accident is unique from other collisions in that the insurance provider of the automobile that collided with you will attempt to place the responsibility on you even if it was the other driver's mistake. The reason for this is that they believe motorcycle riders are reckless and don't follow traffic laws. Even if there is no flaw, they would strive to dodge their responsibilities to you. If a motorcycle and vehicle collide, the automobile will sustain far less damage than the motorcycle. These are situations that require a qualified, and experienced lawyer with knowledge of how to work with insurance providers. The investigations will be intensive, which is why you'll need an expert who has dealt with multiple motorcycle accidents.
What Rules Must Nevada Motorcycle Riders Follow?
To operate a motorbike, riders must have a valid Motorcycle License and have completed a motorcycle safety program. They should wear helmets that meet NHTSA helmet requirements, or they would be charged with violating Nevada's NRS 486 231 which is an offense of failing to put on a helmet. Additionally, the motorcycle should be fitted with:
- Wheel fenders
- Back and front brakes
- Front and back turning indicators
- Footrests for passengers
- Low beam lights set on a reflector at the back
- Brake lights
- Handles with rear-view mirrors
Furthermore, riders must have at least the following levels of insurance:
- $50,000 to cover for physical injury of two individuals in a single accident
- $20,000 to cover any single instance of property damage
- $25,000 to cover physical harm to one individual in a single instance
What Are the Most Common Causes for Motorcycle Accidents?
Nevada's motorcycle accidents are primarily caused by individual mistakes or external factors. However, reckless motorists are to blame for the majority of accidents. Motorcyclists are more likely to be involved in collisions if a motorist ignores them. The two could be in a heated debate because the automobile driver believes he is following the right path rather than the motorcycle rider.
Distraction is the leading factor in car accidents in the US. A split-second of inattention could result in a tragedy since motorbikes and cars move so quickly. Although Nevada banned driving with a phone in hand in 2011, motorists continue to cause accidents when they send messages or make calls while driving. Today, distracted drivers are more at fault in crashes than other motorists.
The Las Vegas metropolitan area doesn't get snowfall or heavy rain. However, sunlight and heat also contribute to poor visibility and clarity on the roads. The sun's rays can temporarily blind drivers, resulting in accidents. Additionally, heat-related fatigue can affect the driver's reflexes. Although it is rare for weather to be a factor in Las Vegas road accidents, it can still have a significant impact on motorcycle accidents.
Every year, about 1000 deaths are reported in Nevada due to drunk driving. Drunk driving is the leading cause of car accidents. Taking alcohol or drugs before driving puts many individuals at risk because the intoxicated driver is more likely to cause a deadly accident. A motorcycle accident is only one of the many scenarios in which DUI can result in serious injury or even loss of life.
Who Is Liable For the Damages?
After a tragedy occurs, most people wonder, "Who will cover for my damages?" You could have lost income, property damage, hospital fees, and other expenses as a result of an accident. Your compensation could be owed to a company or an individual. Nevada being a fault state means that the person who caused the accident must be accountable for the expenses and damages. However, determining who is to blame is not always simple.
In some motorcycle accident cases, the defendant could argue that the motorcyclist was at fault for his or her injuries. For example, speeding, weaving in and out of traffic, or not putting on a helmet can all result in accidents or serious injuries. Even if you played a minor role in the crash, you can still be entitled to compensation. Nevada's contributory negligence law allows you to be reimbursed if your contribution to the collision is less than 51%.
Is It Mandatory to Put on a Helmet While Riding in Nevada State?
Yes, according to the Department of Motor Vehicles, Nevada is subject to universal helmet legislation. The law requires all motorcyclists and their passengers to put on helmets while in motion, irrespective of age, or the passengers on board.
What Should I Do Right Away After a Motorcycle Accident?
Contacting law enforcement agencies is a good idea if you're not responsible for the crash. However, if time allows and you're uncertain of who is responsible for the accident, speak with a car accident lawyer. If time doesn't allow you, call law enforcement officials to record the scene of the accident and identify the person at fault. This will safeguard the individual who is not at fault in the accident. If you sustained minor injuries and the time allows, reach out to a car accident lawyer. If you suffered serious injuries, rush to a hospital immediately and speak with an attorney while there.
What Are The Possible Damages In A Motorcycle Accident Claim?
The average hospital expense for a motorcyclist who suffered a brain injury is 13 times that of an individual who suffered other bodily injuries. An experienced lawyer can assist you to navigate the legal system and fight for restitution for your medical bills. Depending on the circumstances of your case, you could also be reimbursed for:
- Therapy and rehabilitation sessions
- Both current and future earnings
- Partial and total disability
- Present and future healthcare costs
- Medical equipment and prescription drug costs
- Pain and suffering
- Temporary or permanent disability
- Funeral costs
- Vehicle repair expenses
How Can I File For a Nevada Motorcycle Accident Lawsuit?
Before going through the courts, the perpetrator's lawyers would reach out to the involved parties to try to work out the situation outside of court. Negotiations are often used to settle cases like this. However, if talks break down, the victim initiates a legal case. If the complainant sues the motorbike manufacturer, the case could be filed at the scene of the accident or the manufacturer's establishment. Even after filing a lawsuit, the dispute could still be resolved outside the courts. However, as the talks progress, both sides take part in several legal action tactics such as:
- Providing evidence of their case
- Giving witness testimony
- Responding to interrogations
If the lawsuit goes to trial, all parties must present arguments and witnesses in court. Suitable evidence should contain the following:
- Medical specialist testimony
- An accident reconstruction specialist's testimony
- Medical records
- Eyewitness accounts
- Weather reports
- Surveillance footage from the scene of the accident
The courts determine the defendant's liability and the extent of the damage done. The verdict can be challenged at the High Court, but if all sides can resolve the dispute outside of court, the decision cannot be challenged. Victims of Nevada motorcycle accidents are encouraged to contact skilled attorneys as soon as possible. Victims who are represented by a lawyer have a better chance of receiving compensation from insurance companies.
Where Can I Start to File a Nevada Motorcycle Accident Claim?
Starting the journey of filing a compensation claim could be challenging. Due to this, it's crucial to contact a seasoned car attorney to assist and lead you from start to finish. While you're receiving medical treatment, schedule a free consultation with a skilled attorney who will follow up and investigate your case. Your attorney will make sure that you receive compensation for the losses and damages suffered.
How Can I Get Medical Care If I Can't Afford It?
Your health always comes first, therefore it's crucial to seek the medical attention you require for your bodily injuries. If you're worried about using your money to cover medical care, an attorney can assist you to explore more about your options. Long-term care could be necessary for some injuries. Working with a car accident lawyer can help you receive the attention you need without having to spend money. Your lawyer will manage your claim, physicians' statements, as well as medical records efficiently to ensure that you receive the maximum compensation.
When and Who Can File a Lawsuit?
Individuals involved in motorcycle accidents are eligible to take legal action against several parties, based on the circumstances. The parties comprise:
- If the motorbike is defective, the rider could sue the manufacturer
- The county
- The motorist who caused the collision
- Mechanics that serviced or repaired the motorbike (this applies if the mechanic's actions caused the flaw on the motorcycle)
- If the motorist was under the age of 18, the parents or legal guardian are held liable
Victims have 2 years after discovering the damages and injuries sustained to file a claim against the motorist or individuals at fault. Although, depending on the circumstances, some people have up to four years to take any action. However, you need to contact an attorney as soon as possible following the incident. Your lawyer can determine how much time is left before you file a lawsuit and whether there is a chance to extend the deadline.
What Elements Must Be Proven in a Motorcycle Accident Claim?
The most popular argument in Nevada motorcycle accidents is negligence. The victims should demonstrate the following to establish that the defendant is at fault:
- The perpetrator owed the complainant a duty of care. For example, if you're driving cautiously
- The accused disregarded the warnings. such as reckless driving
- Damages and/or injuries were incurred as a result of the accused's actions
- The victims' injuries were caused by the accused's failure to follow the duty of care
However, if the crash resulted from a defective motorbike, the victim could also sue the manufacturer for product liability. To establish that the motorcycle manufacturer is to blame, the victim must prove:
- The product's flaw was apparent when the complainant purchased it
- The motorcycle had flaws in its production, design, or warning defect
- The victim operated the motorcycle reasonably on the street
- The fault resulted in the victim's physical injury and damage
If the motorcycle accident led to a loss of life, the victim's family can file a wrongful death lawsuit against those involved.
How Does an Insurance Investigation for a Motorcycle Accident Work?
Following a motorbike collision, the other motorist's adjuster will call you and seek a documented statement. They take this action to defend the insurance provider. They aren't reaching out because they want to help you. The main reason for doing this is because they fully understand you have sustained injuries and would require medical attention. You would be unable to respond to their questions following a fatal accident.
In several motorcycle accident situations, the insurance company will try to reduce the value of your compensation claim by arguing that you've lost memory and can't remember what happened. It is critical to consult with your lawyer before giving any statements or speaking with an insurance adjuster. Always seek the advice of a seasoned motorcycle attorney.
How Should I Select a Motorcycle Lawyer?
You should pick a specialist who has dealt with multiple motorcycle accidents. It's not a simple case. Don't go to anyone who works for an insurance firm that issues defense claims. They strive to make the least amount of payment possible. If you don't have a licensed car accident expert who often handles motorcycle accident lawsuits, you would not receive justice. These kinds of cases are complicated. Most insurance firms won't pay you until they're confident that you have legal representation that is ready to go to trial. Hire a skilled trial attorney to ensure that you receive the maximum amount of compensation.
Do Motorcycle And Car Accident Cases Differ From One Another?
Insurance providers will always find excuses to hold you accountable for an accident even if you're innocent and had no connection to the accident. Some engage accident reconstruction specialists and offer them large sums of money to pull you into a tangle and blame you for it. They take this action because claims resulting from motorcycle accidents are significant and often result in severe and life-altering injuries. Some argue that because motorbike riding is risky, you should suffer the consequences of getting hurt, but the laws state otherwise. According to Nevada law, even if you're a bit at fault, you're still entitled to recompense. The only method to obtain justice is to find a qualified attorney who would assist you in fighting and winning the case.
Do I Have A Right To Compensation As A Motorcycle Passenger?
If you're hurt in a motorcycle accident, multiple parties are to blame. You could have a case against the motorist if he or she was to blame, and you could also have a case against the operator of another vehicle if their automobile was involved. Furthermore, if you operate an insured vehicle and have uninsured motorist coverage, you can file a claim with your insurance company to make sure you receive the full amount of your claim. Because of this, such situations are referred to as "critical," and if you're injured as a passenger in a motorcycle accident, you need to get in touch with an experienced lawyer. It would also be ideal if you hired a lawyer with experience handling motorcycle- and insurance-related cases.
What if I Had Been Partially Responsible?
The rule of comparative negligence permits victims who could have contributed to the tragedy to still get compensation. The victim would have a legitimate claim if he or she was at least 50% responsible or less. The insurance provider for the other motorist will strive to throw the responsibility on you and allege that you shared some of the guilt, but you shouldn't assume you're at fault before speaking with a car accident lawyer. Most of the time, the defendant's lawyer can demonstrate that they had nothing to do with the victim's injuries and damages.
What Is The Value Of My Case In Las Vegas?
It's critical for a survivor of a motorcycle accident to grasp the lawsuit's settlement worth as well as the prospective trial value. Most motorcycle accident claims are settled before they go to trial. Negotiations are tried first, and if they fail, the case goes to trial. Although the settlement worth is always less than the prospective trial value, the complainant must have a solid argument and proof before going to trial. Without it, the survivor stands the possibility of sharing some of the blame for the tragedy. Due to Nevada's comparative law system, the complainant would probably lose a portion of his or her compensation in proportion to their responsibility in the disputed incident.
What If the Poor Road Conditions Caused the Accident?
Several roads are in terrible condition and unsafe to ride on. You run the danger of getting hurt if you ride a motorbike on such roads. You could quickly lose control if you accidentally hit a pothole. If you sustain injuries as a result of such conditions, you can file a compensation claim against the county or the state of Nevada for failure to maintain safe road conditions. Because these are challenging matters, you should hire a lawyer who has handled similar cases in the past.
How is the Compensation Amount Determined?
Several motorcycle accidents result in serious injuries that render it difficult for survivors to work while they recover. Some victims suffer from long-term disabilities that hinder them from ever returning to work. In such cases, the courts will choose a fair amount of compensation depending on the victim's earnings. It could be difficult to calculate prospective earning capacity. If the victim is unable to return to his or her regular employment, the victim's lawyer will have to consult with financial specialists and seek that they give testimony about the complainant's overall earning capacity. The victim's potential earnings throughout their working life can be estimated by financial experts.
Find a Las Vegas Motorcycle Accident Attorney Near Me
The Las Vegas Car Accident Attorney Law Firm is competent, and devoted, and keeps you informed about your case. Our legal professionals go over and beyond to help our clients receive fair compensation. We provide free consultations and are available 24/7. Our professionals have handled numerous motorcycle accident lawsuits in the past and successfully obtained recompense for victims. Don't let that tragic case go unattended, let us handle it. Give us a call now at 702-576-0010.