In Nevada, motorcycle operators must carry accident insurance coverage of a minimum of $25,000 for the bodily injury or death of a person, $50,000 for the bodily injury or death of two or more persons, and $20,000 for property damage according to the Nevada Department of Motor Vehicles (NDMV). A driver who causes an accident that injures a motorcyclist can be held liable for the injured victim’s injuries under Nevada law.
Notably, a motorcycle accident victim must file a lawsuit in a Nevada court within two years of the crash. Failure to do so will forever bar the person from seeking monetary compensation for harm suffered. Another important point to keep in mind is that Nevada uses modified comparative negligence, which reduces the injured plaintiff’s monetary award by the percentage that they are at fault for the accident.
Motorcycle Accident Claims
Depending on the facts surrounding a Las Vegas motorcycle crash, an injured plaintiff may have a valid claim under the legal theory of wrongful death, negligence, or product liability. The majority of personal injury cases are resolved through settlement and without going to trial. Whether the motorcycle injury claim is finalized through negotiations or before a jury, injured victims have a higher likelihood of recovering reasonable monetary compensation when represented by a skilled personal injury attorney.
Before filing a lawsuit in Nevada court, a motorcycle accident victim (through legal counsel) would reach out to the at-fault parties to attempt to settle the claim outside of the courtroom. Because both sides seek to avoid expenses and save time, many resolve the matters through settlement talks. Should negotiations be unsuccessful, a motorcycle accident should file a civil lawsuit in the appropriate Nevada court. Generally, a lawsuit is properly filed in the jurisdiction where the crash occurred or where the motorcycle company is incorporated. Even if a lawsuit is filed, there is a high likelihood that the matter will settle before going to trial. That being said, there are several phases of a lawsuit during this process, including:
- The discovery phase, where the parties produce and request evidence;
- Giving sworn testimony by attending or defending depositions; and
- Responding to questions under oath, known as interrogatories.
Should the event proceed to trial, the attorneys for both parties will present arguments and produce witnesses to support their side of the case. This may include:
- Testimony by experts (medical, vocational, accident reconstruction, etc.);
- Medical records and diagnostic testing;
- Accounts of eyewitnesses to the accident;
- Video footage of the crash, accident scene, and driving conditions;
- Weather reports on the day of the crash; and
- Police reports.
It is the jury’s ultimate decision to determine whether the defendant is legally and financially responsible for the crash and resulting injuries. It is important to know that a trial verdict can be appealed to a higher court in the hopes of overturning the decision below, but an out-of-court settlement is not appealable.
Motorcycle Accident Attorneys
If you or someone you know has been hurt in a Nevada motorcycle accident due to the negligence of another, you may be entitled to monetary compensation from the at-fault party for the harm suffered. Let the experienced personal injury lawyers at H&P Law help you seek the compensation you deserve. Contact us today.
