Motorcycle Accidents

You may suffer an injury in a motorcycle accident. If the accident is the result of someone else’s negligence, you may want to pursue legal help. With assistance from motorcycle accident lawyers in Las Vegas, NV, you may be able to get damages. 

Mitchell Rogers Injury Law handles personal injury cases across Nevada. We do not charge a fee until we win or settle your case. For more information, reach out to us. 

Motorcycle Laws in Nevada

According to Nevada’s Motorcycle Operator Manual, you must wear a helmet if you ride a motorcycle. You are also required to wear a face shield or goggles if your motorcycle does not have a screen or windshield. Along with these things, motorcyclists have the right to use the same traffic lanes as motorists. At the same time, riders may not pass a car or another motorcycle in the same lane. 

When you ride your motorcycle, you are responsible for following these and other rules for motorcyclists. Much in the same vein, motorists must follow the rules of the road. They must watch out for other drivers and motorcyclists. If they choose not to do so, they may cause an accident. On top of that, a driver who crashes their vehicle into another car or motorcycle may be liable for their actions. 

What to Do After a Motorcycle Accident

A motorcycle accident can be an exhausting experience. With the right approach, you can handle this incident the right way. Most importantly, you can avoid putting yourself or anyone else in further danger. Here are things you should do after your accident:

• Call 911.
• Get medical care.
• Discuss your accident with the police. 
• Do not accept any responsibility for the accident. 
• Request the contact and insurance information of the driver involved in your accident.
• Notify your insurance provider. 
• Track your accident-related expenses. 

In addition to these things, you may want to pursue legal help. If you have a legal team at your side, you may be able to request damages from the party responsible for your accident. These damages may be used to cover your medical bills and other accident-related losses. 

Who is Responsible for a Motorcycle Accident?

A motorist or motorcyclist may be responsible for your accident. For example, a driver may get distracted behind the wheel. They may not have enough time to stop their car before they crash their vehicle into your motorcycle. This may lead to an accident. It may also warrant an injury claim in which you seek compensation from the driver.

There are times when a motorcycle parts manufacturer, government entity, or another party is at fault for an accident. A motorcycle accident lawyer can review the facts surrounding your crash. They can help you figure out who is liable. If you want to file a claim against an at-fault party, your attorney can help you do so in accordance with Nevada’s statute of limitations. 

How Much Time Do You Have to File an Injury Claim in Nevada?

According to Nevada Revised Statutes (NRS) 11.190, there is a two-year statute of limitations for injury claims. If you get hurt in a motorcycle accident caused by someone else, you have up to two years to pursue damages from the liable party. After two years, you may be ineligible to seek damages. Also, you may be solely responsible for your accident-related losses.

A motorcycle accident attorney understands the statute of limitations. They may encourage you to file a claim as soon as you can following your accident. This may help you get damages as quickly as possible. 

How a Motorcycle Accident Claim Works in Nevada

In Nevada, it is mandatory to have motorcycle insurance if you ride a motorcycle. This insurance financially protects you if you get into an accident. Following your accident, you may contact your insurer to let them know about it. Next, your insurance carrier may get in touch with the at-fault party’s insurance provider, and they may work together to help you get compensation. 

For drivers, car insurance is required in Nevada. If a motorist slams their vehicle into your motorcycle, you may be eligible to submit an insurance claim. Your insurance carrier may work with the at-fault motorist’s insurer. However, the claims process offers no guarantees.

There are instances where a liable party’s insurance company will dispute a claim in spite of the fact that their client is responsible for an accident. This business prioritizes its clientele — not you. Therefore, you may face a lengthy process as you try to get compensation through an insurance claim. The at-fault party’s insurer may push you to a point where you want to give up on your claim altogether. 

You may also have to deal with an insurance company that offers a lowball settlement. For instance, a liable party’s insurer may contact you within days of your accident. The insurance company may propose a settlement, which you may be tempted to accept. If you accept the offer, you may get money right away. Alternatively, this proposal may be far less than what your case is actually worth. If you approve it, you may be forced to pay some or most of your accident-related costs out of your own pocket. 

As you get ready to submit an injury claim, it may be beneficial to get help from motorcycle accident attorneys. You can hire a lawyer as your legal representative. They will advocate for you and protect your legal rights. Plus, they can help you negotiate a settlement with an at-fault party’s insurance company. 

When to File a Motorcycle Accident Injury Claim in Nevada

You should not wait too long after your motorcycle accident to submit your claim. There may be significant medical bills and other accident-related losses you will face. By filing your claim immediately, you may be able to secure compensation sooner rather than later. 

Just because insurance is required for both motorists and motorcyclists does not mean your claim will always go through an insurer. Consider what may happen if a liable party does not have insurance coverage or is underinsured. In either of these scenarios, you may incur losses that exceed the limits of an at-fault party’s insurance policy. To get the compensation you want, you may have to move forward with an injury lawsuit, which may take a long time to resolve. 

A motorcycle injury lawyer will help you submit your claim before the statute of limitations for doing so lapses. As soon as your claim is filed, your attorney is committed to your case. They will help you build an argument that compels a judge or jury to rule in your favor. 

Potential Damages in a Nevada Motorcycle Accident Claim

When you work with an attorney who specializes in motorcycle accidents and other personal injury practice areas, you may be able to get a fair settlement. Your lawyer will evaluate your case. They will help you calculate your damages. 

Motorcycle injury lawyers will encourage their clients to pursue the maximum amount of damages. In an injury lawsuit, you may be able to get economic and non-economic damages. Economic compensation may be provided based on your quantifiable losses. You may receive non-economic damages for subjective harm that you have incurred. Reasons why a judge or jury will award damages include:

• Emotional trauma
• Medical expenses
• Lost wages
• Pain and suffering

Your motorcycle injury attorney will help you craft an argument designed to show a judge or jury that you are in no way at fault for your accident. This may put you in a strong position to secure 100% of the damages that you are requesting. 

How Comparative Negligence Applies to a Motorcycle Accident Case in Nevada

Per NRS 41.141, comparative negligence may impact the damages you receive in your case. If you are found to be partly responsible for your accident, a judge or jury may reduce your damages by your percentage of fault. In a situation where you are found to be primarily at fault, you may be ineligible to get damages. 

As an example, a judge or jury may say you are 20% liable for your motorcycle accident. If this occurs, the defendant in your case may have to pay 80% of the damages that you initially requested. This means you will have to cover 20% of your accident-related losses on your own. 

Now, think about what may happen if a judge or jury finds you are 51% at fault for your motorcycle accident. At this point, you are more liable for your accident than the defendant. As a result, the defendant may not have to pay you any damages. 

Choosing motorcycle injury attorneys with a statewide presence may help you avoid missing out on damages. Your lawyer will consider how the defendant will present their case against you. They can dispute any claims from the defendant. Your attorney can also share evidence that explains why you deserve to be awarded the damages that you are requesting. 

How Evidence Works in Motorcycle Accident Injury Lawsuits

You must consider the burden of proof as you build your case. Otherwise, the defendant in your case may have a wealth of evidence that they may use against you. If this proof is compelling, it may lead a judge or jury to agree with the defendant’s argument. 

There are many pieces of evidence that you can use to support your accident claim. These include:

• Accident scene photos and videos
• Medical records
• Police reports
• Witness statements

As you search for an attorney to represent you, consider hiring one that has received many positive client reviews. This lawyer will help you build a body of evidence. They may use your proof to show that an at-fault party was negligent. 

Proving Negligence in a Nevada Motorcycle Accident Case 

Saying that an at-fault party caused your accident to happen is not enough to receive damages. You must show that this party was negligent. To do so, you must illustrate that the following elements of negligence were present at the time of your accident:

• The liable party had a duty of care, which is a legal obligation to avoid careless and reckless acts that could put you and others in danger.
• This party breached their duty of care by committing careless and reckless acts.
• The party’s actions led to your accident.
• Because you were involved in an accident, you are now dealing with economic or non-economic losses. 

Your attorney can present an argument that proves you are the victim of someone else’s negligence. If your lawyer succeeds, you may convince a judge or jury that you should be awarded damages. 

Motorcycle Accident Case Mistakes to Avoid

Be cautious if an at-fault party or their insurance provider contacts you after your accident. They may reach out to you in the hopes that you will accept a settlement. Yet, the settlement proposal you receive may be insufficient. 

Rather than risk approving a lowball settlement, notify your attorney if a liable party or their insurance gets in touch with you. Your lawyer can handle all communications relating to your case. They can keep you up to date about any settlement proposals that come your way. 

If a liable party or their insurance carrier tries to get you to speak on the record about your accident, do not say anything. What you say may be used against you. If you inadvertently accept the blame for your accident, you may hurt your chances of getting damages. 

You should tell your lawyer if the party responsible for your accident or their insurer tries to get you to speak about your accident. In this scenario, you can let anyone who wants to speak with you about your accident to contact your attorney. From here, your lawyer will discuss your case on your behalf. 

After your accident, you may want to keep family members and friends up to date about your recovery. You may consider posting photos and videos on social media. This allows you to share updates with many people at once. 

By posting content on social media, you make it accessible to the liable party and their insurance provider. These parties may try to use your social posts to show that your injury is not as severe as you claim. 

Instead of publishing content on X, Facebook, and other social media sites, update family members and friends through phone calls, emails, and text messages. This allows you to share updates without the risk that content you publish on social media may be used against you. 

Work with Our Motorcycle Accident Lawyers Today

The motorcycle accident lawyers at Mitchell Rogers Injury Law have a wealth of legal experience. We are available to discuss your case. Our team may help you pursue damages from anyone who caused your accident. To learn more, contact us today.