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. We have recovered more than $100 million for our clients.
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 that 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.
At H&P Law, we recognize that every case is vastly different, but all cases deserve the same attention and diligence as the next. Proving each of these areas is critical to helping you recover fair damages. A bicycle accident attorney in Henderson understands the elements of negligence and can answer frequently asked questions and many others.
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.
The Importance of Establishing Strong Evidence in a Bicycle Accident Case
In any type of personal injury case, the burden of proving fault always falls on the shoulders of the victim, but this becomes critically important in a bicycle accident claim. It is very common for drivers and even insurance companies to try to shift the blame from the vehicle operator to the victim, and when that happens, it puts your case at risk. The best way to minimize this risk, then, is to pursue comprehensive evidence to back up any and all details of your claim. Some of the strategies we use to obtain evidence include:
- Witness statements: Witnesses may be more readily available than you realize, especially if the incident took place at a busy intersection. We will scour the area for witnesses to back up your claims.
- Video footage: In some situations, our legal team will be able to pull traffic cam, business cam, or other types of video footage that clearly demonstrates what occurred.
- Accident reconstruction: There are some situations where it is necessary to use experts and software that can outline what specifically took place. This process uses evidence from the scene to document what had to have happened.
- Injury information: In some situations, doctors can provide information about what took place by examining your injuries.
- Expert witnesses: These are professionals who are within our network and can provide clarity on what took place based on the injuries and the outcome of the incident.
This evidence, along with your medical records and those of the driver, can build a strong claim for you as the victim. Yet, it is also critically important that you have a skilled attorney by your side to help you show fault and establish what took place.
Do not settle your case or even file a claim until you speak to our Henderson bicycle accident attorney.
Common Bicycle Accident Injuries
Victims of bicycle accidents face an incredibly high risk of injury, especially if they are thrown from their bikes due to a fast-moving vehicle. The injuries can be immediately obvious, but not all are, and some may take time to develop.
The following are some of the most common accident injuries related to bicycle accidents our attorneys often see:
- Head injuries: Traumatic brain injuries often cause changes in cognitive function, including communication, behavior, and overall well-being, and concussions can impact memory and thinking clearly
- Spine injuries: This may include damage to the spinal cord, such as nerve damage causing the onset of partial or full paralysis, or spinal column damage causing chronic pain and loss of mobility
- Lacerations: Road rash, lacerations, and other wounds create a high risk of damage to soft tissues, leading to infection risks and scarring
- Broken bones: Some bone fractures can be complex, leading to the need for surgery as well as complex restructuring or, in a worst-case scenario, amputation of a limb
- Internal injuries: The trauma to a person’s soft tissues can also cause internal organ damage and excessive bleeding, injuries that may take some time to become obvious
- Neck injuries: The rapid back-and-forth movement of the head when a bike rider is struck can cause the onset of nerve and muscle damage in the neck, including the onset of whiplash
- Emotional trauma: Do not overlook the psychological impact of these accidents, which often results in trauma, depression, anxiety, and complex mental health factors
Each of these injuries requires a different type of medical treatment as well as ongoing support. As a result, it becomes necessary for individuals to seek damages that cover the losses they have and may have in the future.
That is a complex process, but our experience as a local Henderson bicycle accident lawyer makes it possible for us to be very accurate.
Nevada Bike Rules
According to the U.S. Centers for Disease Control and Prevention (CDC) Pedestrian, Bicycle, and Motorcycle Safety report, 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.
According to the Nevada Department of Motor Vehicles, drivers must share the road with bicyclists. 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 maximum compensation possible. Take a look at our case results to see how we have helped people just like you.
Types of Compensable Damages in a Bicycle Accident Case
Our Henderson bicycle accident lawyer will build a strong case that demonstrates all the losses you suffered, outlining how they impact your health and well-being.
After a thorough investigation, we will piece together the types of losses you have and the value of your claim based on the law, severity of your injuries, and evidence. Some of the types of damages common in these types of accidents include:
- Medical damages: Medical expenses, including hospitalization, rehabilitation costs, surgeries, ongoing therapy, and any other costs related to your current or future medical needs.
- Lost wages: Most people in such accidents will be unable to work for a period of time and may be able to claim any lost wages or benefits.
- Loss of earning capacity: If your accident causes permanent damage and you are unable to return to the same job or type of work, loss of earning capacity may apply.
- Pain and suffering: A bicycle accident can cause serious injury, leading to physical and emotional pain and suffering both during the accident and as you recover.
- Emotional trauma and mental anguish: The onset of conditions such as post-traumatic stress disorder, depression, anxiety, and overall mental well-being can create turmoil in your life.
We look for answers to questions about how your life may change, the quality of life you will live, and what impact this will have on the length of your life and needs. The more data we have, including from accident injury experts, the better we can show what the at-fault party owes you.
Because of these factors and the complexity that goes along with recovering from a bicycle accident, we strongly encourage you to work with an attorney before you settle your claim.
How Our Henderson Bicycle Accident Attorney Can Assist You in Securing Compensation
The 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 Do 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 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 NRS §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.
