When a driver suddenly shifts from one lane to the next, they can put other motorists and pedestrians in danger. Along with this, an unsafe lane change can lead to a motorcycle accident and injury. If you are riding your motorcycle and get into an accident caused by a driver who was changing lanes without looking, a Las Vegas motorcycle accident lawyer can help you out.
Do not let a negligent motorist off the hook for your motorcycle crash. Partner with a Las Vegas unsafe lane change motorcycle accident lawyer from H&P Law to review your legal options. Contact us today.
Examples of Unsafe Lane Change Motorcycle Crashes
It is reasonable to expect a driver to turn on their car’s directional or use a hand signal to indicate when they want to move their vehicle from one lane to another. However, there is no guarantee that every motorist will always follow the rules of the road. There are many instances in which a driver unsafely changes lanes and can cause a motorcycle accident, and these include:
- A motorist pulls their car in front of a motorcyclist, cuts off the rider, and makes it impossible for them to avoid crashing into their vehicle.
- A motorist pulls their car behind a rider but gets too close and slams into the rider.
- A motorist does not check their car’s blind spots, does not see a motorcyclist, and crashes into them while moving their vehicle between lanes.
It is easy for a driver to miscalculate their car’s speed or a motorcyclist’s speed when they want to switch lanes. Regardless, it is a motorist’s responsibility to account for riders and others. If a driver chooses not to do so, they can be held accountable for a crash and any associated injuries.
If you are involved in a motorcycle collision that took place when a driver was switching lanes, you are responsible for the burden of proof. At H&P Law, our Las Vegas unsafe lane change motorcycle accident attorney can help you gather evidence to show that a driver was negligent, which caused your collision and injury. For more information, reach out to us.
Who Is Responsible for an Unsafe Lane Change Motorcycle Accident
The at-fault party in an unsafe lane change motorcycle accident depends on the circumstances surrounding the crash itself. An unsafe lane change motorcycle accident attorney in Las Vegas can learn about your collision. They can help you identify any at-fault parties.
In some cases, it is clear that a driver did not take a reasonable amount of care when they switched lanes, which led to an accident. For instance, evidence may show that a driver violated Nevada DUI laws. If an intoxicated motorist crashed their vehicle into you while you were traveling by motorcycle, they can be held responsible.
There can be scenarios where both a motorcycle rider and a car driver share fault for a lane-change crash. As an example, a driver may not check their blind spots while changing lanes and crash their car into a rider who is speeding. In this example, a court can review evidence and witness testimony from both parties to determine who is at fault and if damages should be awarded.
Damages that Can Be Awarded in an Unsafe Lane Change Motorcycle Accident Lawsuit
In a personal injury lawsuit, a plaintiff can receive economic and non-economic compensation. Economic damages can be awarded based on medical bills, lost wages, and other quantifiable losses. Non-economic compensation can be provided for pain, suffering, and other losses that are subjective.
Per Nevada Revised Statutes §42.005, exemplary and punitive damages can also be awarded to deter an at-fault party from committing future acts of negligence. There is a cap of $300,000 on punitive compensation if the compensatory damages awarded are less than $100,000. In instances where the compensatory damages are $100,000 or more, the cap on punitive compensation is three times this amount.
An unsafe lane change motorcycle accident lawyer in Las Vegas can help you calculate your damages. They consider the short- and long-term financial impact of your accident and injury. This enables your attorney to request compensation that you can use to cover all of your crash-related losses.
How Much Time You Have to File an Unsafe Lane Change Motorcycle Crash Lawsuit
According to Nevada’s personal injury laws, there is a two-year statute of limitations for personal injury cases. In an unsafe lane change motorcycle crash, the window to submit your claim opens on the date of your collision and injury. If you do not file a lawsuit within this time frame, the window cannot be extended.
Generally, you can ask for compensation as part of a claim against an at-fault driver’s insurance company. The claim may cover all of your losses. If not, you can submit a personal injury lawsuit to get the full amount of your claim.
You must establish fault to receive compensation in a personal injury lawsuit. Doing so can be difficult, particularly for those who try to build a case on their own. A lawyer with motorcycle accident case experience can help you show a judge or jury that the driver who changed lanes is 100% responsible for your collision.
What You Need to Know About Modified Comparative Negligence
According to Nevada Revised Statutes §41.141, how much you are found to be at fault in your motorcycle crash can impact your damages. Nevada follows a modified comparative negligence statute. If a judge or jury says you are more than 51% accountable for your motorcycle collision, you cannot receive any compensation.
You may have the damages awarded to you reduced by your percentage of fault as well. Consider what can happen in a motorcycle collision case where you are deemed 10% at fault. In this situation, you will receive 90% of the damages that you initially requested.
Modified comparative negligence is one of many legal concepts that can affect your unsafe lane change motorcycle crash case. At H&P Law, we can teach you about this legal topic and many others. To request a case consultation, get in touch with us.