If you get in an accident with a negligent motorcyclist, you have every right to seek compensation for any damages. A Las Vegas negligent rider motorcycle accident lawyer is a vital part of your case. Reach out to an H&P Law Las Vegas motorcycle accident lawyer for a consultation.
How to Prove Negligence in a Motorcycle Accident Case
To prove negligence in a motorcycle accident case, you must show that the other party owed you a duty of care and failed to uphold that duty.
Typically, this means proving the other driver made an error or oversight that led to the collision with your motorcycle. Common examples are the failure to check blind spots before turning or changing lanes, as well as distracted or reckless driving.
You must also demonstrate breach and causation in your claim. Breach refers to the specific action or inaction by the other driver that violated their duty of care. This breach must also directly cause the accident and subsequent injuries, otherwise known as causation.
Statute of Limitations to Prove Your Case
In Nevada, you generally have two years from the date of injury to file a personal injury lawsuit. This includes motorcycle accidents caused by another driver’s negligence behind the wheel. It is crucial that you take action immediately and do not let this deadline simply pass you by.
The two-year period set by Nevada’s statute of limitations is designed to encourage the timely resolution of claims. As time goes on, evidence can be lost, and memories can fade, making your case much harder to prove. A negligent rider motorcycle accident lawyer in Las Vegas can build a strong claim on your behalf, but only if you come forward promptly after the accident occurs.
If you fail to file before the expiration of the statute of limitations, the courts will likely dismiss your lawsuit outright. The only option may be to pursue an out-of-court settlement, but this gives up your ability to compel fair compensation in front of a judge or jury.
When the Negligent Motorcyclist does Not Have Enough Insurance
If the negligent rider who caused your accident does not carry adequate insurance, you may still recover damages by tapping other policies. This includes your own motorcycle policy’s underinsured and uninsured motorist coverage. This can help bridge the gap in compensation.
You may also be able to access other motor vehicle policies in the household of the negligent rider. The specifics depend on the residence and family status of the liable party after the incident takes place. You should investigate all avenues to see which option may be best for your specific situation.
If the at-fault rider has any assets not covered by insurance, you may pursue these through a court judgment. However, collecting will require a close review of property and income, as Nevada law shields certain assets from seizure. This includes primary homes and retirement accounts.
Common Dangerous Motorcycle Rider Behaviors
Some of the most common negligent behaviors by motorcycle riders that can cause accidents include speeding, weaving dangerously through traffic, and performing stunts on public roads. Exceeding the posted speed limit reduces reaction time to avoid collisions. Not to mention, when a negligent motorcyclist is weaving in and out of lanes, this also leaves little room and a high potential for a crash.
Attempting stunts like popping wheelies or standing up on the seat while riding often leads to loss of control of the motorcycle. These behaviors endanger not only the stunt rider but also nearby vehicles if the motorcycle swerves outside its lane. All of these actions demonstrate a clear disregard for road safety rules and a lack of reasonable care while operating a motorcycle.
Other dangerous rider errors include riding while distracted or intoxicated and making improper turns against traffic. Texting, eating, or becoming impaired severely decreases judgment and reflexes essential to navigating a motorcycle defensively. Reckless riding by improperly crossing multiple lanes or median strips to make a turn rapidly raises the risk of causing a serious crash.
Why You Should Have an Attorney on Your Side
Having an attorney on your side after a motorcycle accident caused by a negligent rider can make all the difference in seeking potential maximum compensation. An attorney has the expertise to accurately investigate liability. They also can demonstrate the full extent of damages you have suffered.
The lawyer can understand what evidence will be most compelling before a judge or jury. This can range from expert testimony to medical reports to documentation of lost income. A lawyer can also handle negotiations with insurance companies so you do not risk settling for less than you deserve.
Motorcycle accident cases can be legally complex, especially when multiple parties share fault. Navigating Nevada’s comparative negligence laws and procedures on your own is extremely difficult. Contact an H&P Law negligent rider motorcycle accident attorney in Las Vegas to guide you so you can make informed choices and build leverage at every stage of the claims process after suffering harm in a preventable crash.
Potential Forms of Compensation
If you are injured by a negligent motorcyclist, there are various potential forms of compensation you may recover. These forms can include money for medical bills, lost income, and pain and suffering damages. Documenting your injuries, treatment costs, and lost wages with evidence like billing statements and pay stubs is key.
You may also seek compensation for permanent impairments or loss of future earning capacity. This is typically only if you are no longer able to work in the same capacity after the crash. Vocational assessments can verify how your ability to earn income has been reduced at no fault of your own.
Monetary damages can account for the mental and emotional toll of injuries caused by a reckless rider. While harder to quantify, trauma from disfigurement, disability, or severe pain is very real. Your attorney can work with psychology experts to assess emotional distress to include in your claim.
Work with a Las Vegas Negligent Rider Motorcycle Accident Attorney
Having legal representation on your side can make all the difference in the outcome of your case. While there are no guarantees, you may have more potential by working with a lawyer. Contact H&P Law for a free consultation.