You ride your motorcycle, but a negligent motorist crashes their car into you. At this point, try to stay calm, cool, and collected. Get through the incident as best as you can and let a Spring Valley motorcycle accident lawyer help you submit a claim for compensation.
H&P Law has a team in place with more than 60 years of combined legal experience. We can review your motorcycle accident case and discuss your legal options with you. Contact us today to speak with a Spring Valley personal injury lawyer from our team.
Rules for Motorcyclists in Nevada
There are many laws in place for motorcyclists, and these regulations are defined in Nevada Revised Statutes (NRS) Chapter 486. For example, if you ride a motorcycle, you must wear a protective face shield or goggles. Also, you cannot split lanes and must follow the rules of the road at all times.
Much in the same way, Nevada drivers must comply with various regulations. If a motorist claims they do not see a motorcyclist or do not share the road with them, they can cause an accident. In this situation, the rider may be able to seek damages from the driver.
If you are the victim of a motorcycle accident, H&P Law may be able to help you out. Our Spring Valley motorcycle accident attorney can determine if you are eligible to pursue damages from a negligent motorist or any other liable parties. For more information, reach out to us.
Who Is Responsible for a Motorcycle Accident
To achieve the best case results, you first need to figure out who is liable for your accident. In many instances, a motorist is negligent, and they are fully responsible. Other parties may be partially or completely at fault, and these can include:
- Government entity
- Mechanic
- Motorcycle manufacturer
A Spring Valley motorcycle accident lawyer can examine your case in detail. Once they identify any liable parties, they can calculate your damages. Next, your attorney can request maximum compensation on your behalf.
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Motorcycle Accident Case Damages
A Spring Valley motorcycle accident attorney may encourage you to ask for economic and non-economic damages. You may receive both of these if a judge or jury finds the defendant in your case is 100% liable for your accident. Reasons why a judge or jury will provide you with damages include:
- Emotional trauma
- Loss of enjoyment
- Lost wages
- Motorcycle repair or replacement
- Pain and suffering
Your lawyer can advise you on the damages you should request and what to do if you get hurt in Nevada. In addition, they can help you submit your claim for compensation. Your attorney can also provide legal tips and guidance as you negotiate a settlement with a liable party and their insurance company.
How to Get Damages After a Motorcycle Accident
Based on Nevada’s statute of limitations, you may have up to two years from the date of your motorcycle accident to request damages. To secure compensation, you should file your claim within this window. Otherwise, if you wait too long, you may lose your right to ask for damages.
You may pursue compensation through an insurance claim. For instance, a motorist is responsible for your accident, and you notify your insurance company about the incident. Next, your insurer works with the at-fault motorist’s insurance provider to help you get compensation.
There are times when a motorist does not have sufficient insurance coverage to cover all of your accident-related losses. At these times and many others, it may be best to request compensation through an injury lawsuit. Your motorcycle accident attorney in Spring Valley can file your lawsuit and build a body of evidence to support your case.
Motorcycle Accident Case Evidence
If you say someone else is responsible for your accident, a judge or jury is unlikely to award you damages. This is due to the fact that you must provide evidence to prove negligence. Evidence you can use to validate this point includes:
- Accident scene photos and videos
- Medical records
- Police reports
- Witness statements
A preponderance of evidence will serve you well in a personal injury lawsuit. Your body of proof can help you compel a judge or jury to rule in your favor. Also, it may convince the defendant in your case to offer a fair settlement.
How Comparative Negligence Applies to Your Case
There are instances where plaintiffs are to blame for their personal injuries. In Nevada, you can be found partly liable for your motorcycle accident. If this occurs, a judge or jury may award you a fraction of the damages you request or no compensation at all.
To understand how comparative negligence works, consider an example. A judge or jury finds you are 20% liable for your motorcycle accident. This means the defendant in your case may be ordered to pay 80% of your damages.
In a situation where you are primarily at fault, you may be ineligible for damages. If your motorcycle accident lawyer in Spring Valley is concerned this is the case in your lawsuit, they may urge you to pursue a settlement. By settling your case, you are assured of getting some compensation for your losses.
What to Expect During Settlement Negotiations
Your lawyer will explain if they feel a settlement is best for your Nevada personal injury lawsuit. If your attorney has concerns about the strength of your case, they may advise you to approve a settlement. Regardless, you have the final say on what to do with a settlement offer.
If the defendant in your motorcycle accident case offers a settlement, you can evaluate the proposal with your attorney. You have the opportunity to ask your lawyer questions about the proposal. If your lawyer feels a settlement offer is far less than what you deserve, they will let you know.
You can reject a settlement proposal without any penalties. If you decline an offer, your Spring Valley motorcycle accident lawyer can keep negotiating with the defendant. On the other hand, if you are satisfied with a proposal, you can accept it and close your case.
Ask for Help from a Lawyer Who Understands Motorcycle Accident Lawsuits
H&P Law has an outstanding track record in personal injury cases. If you want an experienced Spring Valley motorcycle accident attorney to represent you in your motorcycle accident lawsuit, we are here to help. Contact us today to request a free case evaluation.