If you ride a bicycle in Henderson, NV, you probably expect a pleasant experience. However, it only takes one negligent motorist to cause an accident. If a driver crashes their car into you and your bike, partner with a Henderson personal injury lawyer who can help you pursue damages.
At H&P Law, we have more than six decades of combined legal experience on our team. Our Henderson bicycle accident lawyer is available 24/7 to review your case and help you determine the best course of action. Contact us today.
How to Prove Liability in a Bicycle Accident in Henderson
To prove who is at fault in a bicycle crash, you need a body of evidence. You can use accident scene photos and videos, medical records, and other proof to support your claim. In addition, you must use your evidence to show the following elements of negligence were present when your collision happened:
- Duty of Care: The at-fault driver had a legal obligation to avoid careless and reckless acts that could put you and others in danger.
- Breach of Duty of Care: The motorist broke the law by acting carelessly or recklessly.
- Causation: Because the motorist violated their duty of care, they caused your accident.
- Damages: You got hurt and incurred losses due to the driver’s actions.
A bicycle accident attorney in Henderson understands the elements of negligence and can answer frequently asked questions and many others about them. If a lawyer finds these elements were present, they may encourage you to pursue compensation. They can help you submit your claim and ask for compensation to cover your quantifiable and subjective losses.
Nevada Bike Rules
According to the U.S. Centers for Disease Control and Prevention (CDC), over 130,000 cyclists are injured in crashes every year. Along with this, the cost of bike collision injuries and fatalities exceeds $23 trillion annually. With a clear understanding of bike rules in Nevada, cyclists can do everything within their power to avoid collisions.
In Nevada, a driver must share the road with a bicyclist according to the Nevada Department of Motor Vehicles. If a driver chooses not to do so or ignores a cyclist, they are breaking the law. In the worst-case scenario, the motorist can slam their car into a cyclist, resulting in an injury or fatality.
If you get hurt in a cycling accident caused by a negligent driver, meet our team at H&P Law, who can help you out. Your Henderson bicycle accident attorney can help you figure out if you have a valid claim. To learn more, reach out to us.
Who Is at Fault in a Bicycle Crash
If you think the bicyclist is automatically at fault if they get into an accident, think again. There are times when this is the case. Conversely, in many instances, a negligent motorist is the at-fault party.
For example, a motorist can get distracted while they are behind the wheel and cause a car accident. Much in the same vein, a driver who is distracted can collide with a cyclist. In either of these scenarios, the driver is negligent, and they can be held accountable for their actions.
To identify the at-fault party after your bicycle collision, get legal help. A bicycle accident lawyer in Henderson reviews the facts of your case. If you are in no way responsible for your collision, your attorney can help you build a case against the at-fault party and pursue the most compensation possible.
How Our Henderson Bicycle Accident Attorneys Can Assist You in Securing Compensation
Nevada auto insurance laws require anyone who drives a car to have coverage. Following a bike crash, you may be able to submit a claim with the at-fault motorist’s insurance provider. At this point, the insurance company should cover your full losses, but there is no guarantee that this will actually happen.
An insurance company represents itself and the best interests of its clients. Regardless of whether you have a legitimate claim for compensation, the business is likely to go above and beyond the call of duty to avoid paying out your claim. With help from a Henderson catastrophic injury lawyer, you can make sure your legal rights are protected if you are forced to deal with an insurer who contests your request for compensation.
There may be instances where a driver never purchased insurance or does not have enough coverage for all of your bike collision losses. In this situation, an attorney can help you pursue damages via a personal injury lawsuit. Select a lawyer who has received positive client testimonials, and you are well-positioned to get a fair settlement.
How Much Time You Have to File a Bike Accident Claim
Per Nevada Revised Statutes (NRS) §11.190, the statute of limitations for filing a personal injury claim is two years. You have up to two years from the date of your bicycle collision to ask for compensation from any at-fault parties. If you do not submit your claim within this period, you cannot do so at a later time.
Your Henderson bicycle accident attorney helps you gather evidence and then file your claim before your window to do so expires. If you and your bicycle accident lawyer in Henderson have a preponderance of evidence, the defendant in your case may be inclined to settle. Even if you get a settlement offer, you do not have to accept it, and you may be better off bringing your case to trial.
Keep in mind that comparative negligence is in effect in Nevada, according to NPS §41.141. If a judge or jury finds you to be partly responsible for your bicycle collision, the damages you are awarded can be reduced by your percentage of fault. On top of this, if the court discovers you are primarily at fault for your bike crash, the defendant gets off the hook, and you cannot recover any compensation from them.
Get Started with Your Henderson Bike Accident Claim
At H&P Law, our team works diligently to help you secure compensation. If you want to work with a Henderson bicycle accident lawyer who is dedicated to your case, we are here for you. To schedule a confidential and free consultation, contact us today.
