Motorcycle accidents can be some of the most devastating crashes on the road. You may be seriously injured, and you may not have support from your insurance company to recover. Without taking legal action, you can be left paying out of pocket for your lawsuit. At H&P Law, we strive to help our clients recover from the devastating injuries they have suffered. If you need a Las Vegas motorcycle accident lawyer, reach out for guidance from our team to get the help you need.
An experienced Las Vegas personal injury lawyer is available 24/7 and prepared to represent you in court and fight for the maximum compensation you are due after a Las Vegas motor vehicle accident.
Motorcycle Accident Injuries May Be Catastrophic
More motorcycle accident victims may seek legal help if they are not afraid that their cases will not be taken seriously. You may worry that you will be accused of pursuing a frivolous lawsuit. However, the severity of your injuries is far more important than the injury itself, despite the fact that many car and motorcycle accident victims deal with:
- Traumatic brain injury (TBI)
- Loss of limbs
- Back injuries
- Soft tissue injuries
- Whiplash
- Spinal cord injuries
- Concussion
- Organ failure
- Lacerations and septic shock
- Dental injuries and facial trauma
- Paralysis
These are only a few potential injuries you could struggle with after being hit by a car while on your motorcycle. If you are dealing with another type of injury we did not include in the list above, do not lose hope. You can learn more about whether you have grounds for legal action when you contact our office for a free consultation.
The Liable Party’s Insurance Should Cover Your Motorcycle Accident Damages
You may have motorcycle accident insurance for exactly this type of situation. Nevada is a fault state as well, meaning that the party responsible for the accident pays for the injury victim’s damages. That means the at-fault party’s insurance company should pay for your motorcycle accident.
Unfortunately, you may find that the insurance company is not so willing to help you. You may receive a lowball settlement that does not cover the high cost of your crash. In other cases, the insurance company may outright refuse to communicate with you.
When the insurance company is acting in bad faith, do not hesitate to reach out to a Las Vegas motorcycle accident attorney to protect your legal rights. Your personal injury lawyers have experience in dealing with insurance companies and can negotiate smoothly. If the insurance company refuses to negotiate with them, your lawyer can represent you in the courtroom.
Liability for Motorcycle Accidents
Before you ever file an insurance claim or a lawsuit, you need to know who is responsible for your accident. Typically, this is the person who caused the accident, but that is not always clear. So what can you do if the other driver is not at fault?
First, you may have been injured by someone on the job. When someone injures you in the scope of their employment, their employer is typically liable for your injuries. Employers are responsible for appropriate hiring and training practices, so errors like this fall on the company.
You might be able to pinpoint the liable party even if you were in a single-vehicle car accident. For example, you may have lost control of your motorcycle because of large potholes. Because the state transportation department is responsible for maintaining and repairing roads, they may be held liable for your injuries if they fail to properly maintain the roadways.
What to Expect from Your Motorcycle Accident Case
If you are hesitant to file a motorcycle accident lawsuit because you are not sure whether you have grounds for a claim, the best way to find out is by contacting a legal advocate who can offer you further insight.
You do not need to prove the defendant’s liability for your damages beyond a reasonable doubt for your claim to be successful. We simply must meet the burden of proof and establish the elements of negligence.
The Burden of Proof
According to Nevada Revised Statute Chapter 41A, the burden of proof is based on a preponderance of the evidence in personal injury and motorcycle accident claims.
Liability can be established by introducing evidence that convinces the jury that the defendant is most likely at fault. This might include video footage of the accident, photos of your injuries, and reports generated by accident reconstructionists.
The Elements of Negligence
The elements of negligence must be met as well. The evidence should support that the elements of negligence are present. These elements include:
- Duty of care
- Breach of duty
- Causation
- Damages
Compensation for Las Vegas Motorcycle Accident Victims
When injured in a motorcycle accident in Las Vegas, you need compensation to help you cover the devastating losses you have suffered. However, getting compensation for your accident is not easy, and you may need help identifying the damages for which you are eligible. Talk to your motorcycle accident attorney in Las Vegas about getting compensation for the following damages.
Economic Damages
When you are injured in a motorcycle accident, recovery can be expensive. You may have serious injuries that require long-term care, time off work for recovery, and serious property damage. All this adds up quickly.
When juggling these high expenses, you may need help recovering. Fortunately, your lawyer can help you ensure you do not miss any of the economic damages you are due. Your Las Vegas car accident lawyer at our firm will have the tools to gather evidence, calculate the current economic damages you have faced, and estimate your future expenses.
Non-Economic Damages
Economic damages may cover many of the financial damages you have suffered, but it does not cover the mental and emotional suffering you have experienced. Non-economic damages, also called pain and suffering, are intangible losses you have suffered because of the accident. These damages may not have a dollar value, but they are still vital to include.
Calculating these damages is based on the severity and impact of those losses. For example, you may have suffered a facial injury that will require reconstructive surgery. This is already a severe type of suffering because of the pain of a facial injury.
You may also be due more damages for disfigurement, and the value of those damages may be higher if you are in a career that puts your face forward, such as an actor or a model.
Punitive Damages
Economic and non-economic damages are compensatory damages, which means they are provided to compensate you for a specific loss. But what about cases where another person was acting dangerously and injured you? You may be due further damages meant to deter and punish, not simply to compensate you.
Punitive damages are rarely offered, but you may be eligible for them in cases where the other party was grossly negligent or even malicious per Nevada Revised Statutes §42.005. For example, you may have been run off the road and injured by another driver who was experiencing road rage. Speak with your lawyer about requesting these damages, which can be difficult to get but can help you overcome the devastating injuries you have suffered.
Las Vegas Motorcycle Accident FAQ
Is There a Claim Filing Deadline?
Yes, you have a limited amount of time to file your motorcycle accident lawsuit. Under Nev. Rev. Stat. §11.190(4), the statute of limitations for personal injury and motorcycle accident claims is just two years. If your lawsuit is not filed before the statute of limitations passes, the court system will simply deny you the right to proceed with your case.
You may have reason to believe the statute of limitations may have paused its countdown. This may occur in instances of delayed diagnosis or injuries to minor children. You can consult a motorcycle accident attorney in Las Vegas at H&P Law to find out exactly how much longer you have to get your lawsuit filed.
Who Will Pay for My Vehicle Repair Costs After an Accident in Las Vegas?
Getting your vehicle repaired will likely be at the top of your priority list after a collision. There are multiple auto repair shops and motorcycle repair shops in Las Vegas that could get your vehicle repaired as soon as possible. We will request full compensation for these costs when we file a claim against the liable party.
How do Claims Involving Partial Fault Work?
Partial fault claims can be stressful. When the liable party blames you for causing the accident, it can feel as though your claim is falling apart. However, keep in mind that sharing blame will not necessarily prevent you from receiving a settlement.
Nevada operates under a modified comparative negligence system with a 50% threshold per Nevada Revised Statute §41.141. If your portion of blame is less than the 50% limit, you can receive a settlement that will take into account your percentage of blame. If your portion of liability exceeds the limit, the court system may refuse to award you a settlement.
As you can imagine, liable parties often attempt to take advantage of these laws. Having a skilled Las Vegas catastrophic injury lawyer on your side could make all the difference. We will ensure we have the evidence to prove the defendant’s liability so you are not subject to wrongful shared fault allegations.
If I Feel Fine, do I Need to Get Medical Attention After a Motorcycle Accident in Las Vegas?
Even if you do not believe your injuries are that serious, getting medical attention should be one of the first things you do in the aftermath of your collision.
You may have invisible injuries that could rapidly worsen your condition once your body relaxes and the adrenaline is no longer preventing you from feeling the impact of your injuries. For this reason, we strongly encourage you to visit a reputable hospital or medical center as soon as possible after your collision.
Does Las Vegas Have a Motorcycle Helmet Law?
Yes, according to NRS §486.231, Las Vegas and the entire state of Nevada have motorcycle helmet laws. All motorcyclists and their passengers are required to wear helmets that are in compliance with US Department of Transportation (DOT) rules and regulations. These laws do not apply to three-wheeled vehicles that have enclosed tops or mopeds that are less than 2 hp and cannot exceed 30 mph.
Failure to wear a motorcycle helmet as required by law could have serious consequences. Motorcyclists could have two points added to their driving history. This is considered a misdemeanor offense that is punishable by a fine of up to $205.
Consult with a Motorcycle Accident Lawyer in Las Vegas, NV
Following a serious injury, you may struggle to recover from the devastating injuries you have experienced. Motorcycle accidents especially can be hard to overcome, and you may have complex damages that need to be compensated. Fortunately, with a Las Vegas motorcycle accident lawyer, you never have to fight your case alone.
At H&P Law, we offer the tools you need to get the compensation you are due when you are seriously injured. We understand how difficult it can be to seek out recovery alone, which is why we offer free consultations to injury victims in need of guidance.
If you have suffered through a motorcycle accident or injury, reach out to our team to learn more about the tools, resources, and guidance we can provide to those in need.
When you are ready to take action, we are ready to start with a free consultation. This is a no-cost, easy way to learn more about your options and what compensation you may be eligible to receive. When you are ready to get started, simply reach out by calling or filling out our online contact form.
