If you’ve been injured in an accident caused by a motorcycle operator, you likely must contend with high medical bills, time missed from work, and plenty of pain. But you don’t have to manage it all out of your own pocket. A negligent motorcycle rider accident lawyer in Las Vegas can help you seek compensation for your injuries.
At Pacific West Injury Law, we specialize in negligent rider accidents. We can hold the negligent party liable for your losses by filing a claim for compensation. Speaking with one of our experienced attorneys can help you decide your best course of action.
Establishing Fault in a Motorcycle Accident
Many times, police (and others) assume that the accident was the fault of the driver of the car, rather than the motorcycle operator. When a motorcyclist engages in risky action, speeding, lane splitting, or other common and dangerous actions, they can be held liable for their actions.
It is essential that you gather as much evidence as possible to establish the rider’s negeligene in your motorcycle accident. If you find yourself in the aftermath of the crash, remember:
- Never admit fault
- When you speak to the police, try to stick to the facts of what happened
- Obtain contact information of eyewitness accounts
- Obtain insurance and contact information of the motorcyclist
- Document the scene of the crash as best you can, including taking photos with your phone
- Obtain experienced legal representation as quickly as possible
An experienced legal team can help you establish fault by gathering:
- Police reports
- Eyewitness testimony
- Expert testimony
- Security camera footage
- Medical reports
This evidence, while essential to a solid legal case, is difficult for an individual to gather alone, especially while recovering from an auto accident. It will be critical to search for the best legal team to assist you in this challenging process.
You will want a team that is willing to fight for your right to compensation for your medical bills, pain and suffering, and property damage or loss.
Damages You Can Recover After a Crash
After suffering injuries in an accident caused by a negligent motorcycle rider, recovering compensation can be critical towards putting your life back together. Your Las Vegas negligent motorcycle rider accident attorney can help you determine which damages you qualify for.
When evaluating your claim, there are several types of damages you need to take into account for which you may be eligible. All compensatory damages can be divided between economic and non-economic losses.
Economic damages are all the monetary damages you suffer because of your accident. These losses include both money you are forced to spend and money you are unable to earn. Additionally, you can receive compensation for both current and future losses. Common economic damages include:
- Lost wages
- Lost earning capacity
- Property damage
- Medical expenses
- Future medical costs
Non-economic damages are far broader than economic damages as they encapsulate all losses you suffer that are not monetary in nature. The common factor between these losses is that they generally tend to be significant. Common non-economic damages include:
- Diminished quality of life
- Permanent disability
- Pain and suffering
- Mental anguish
- Emotional distress
- Loss of consortium
Causes of Motorcycle Accidents for Which You Can Sue
While motorcycle riders typically take the brunt of the damages in a collision, they can still do plenty of damage of their own. Negligent motorcycle riders can be quite dangerous to others on the road. Some common negligent actions that can lead to an accident include:
- Alcohol use: Based on 2019 data from the NHTSA, the percentage of motorcycle riders involved in fatal crashes is greater than drivers of any other type of motor vehicle. Alcohol use is one of the main contributors to these fatal crashes.
- Signaling: Many motorcyclists fail to properly signal at intersections. Riders also will often change their mind quickly based on traffic and decide to turn or go straight when they had indicated a different course of action. This can lead to confusion among other drivers and collisions.
- Reckless driving: Negligent riders often travel at speeds higher than posted, endangering themselves and others. Motorcyclists who travel between two vehicles in an attempt to pass in an area that is not designated could put themselves and others in great danger.
Reckless driving, illegal turns, and alcohol use affect the motorcycle rider and can also cause drivers and pedestrians harm. The motorcyclist, just like any motorist, is responsible for conducting themselves on the roadways with caution and obeying all traffic laws.
Lane splitting is common among motorcycle riders. This maneuver is when drivers ride in the space between two lanes of traffic or on the white lines. As you might imagine, lane splitting is incredibly dangerous for both motorcyclists and other drivers on the road. Lane splitting is also illegal in Nevada.
If your accident involving a motorcycle was the result of lane splitting, this is an important detail toward building the best case for you. Remember to report this incident to the police officer who takes your report and ensure that your Las Vegas negligent motorcycle rider accident lawyer is aware of this detail.
What to Do Immediately Following a Negligent Rider Accident
If you have been in an accident involving a negligent motorcycle rider, make sure all parties are out of the way of oncoming traffic or other dangerous situations. Once you are safely off the road or away from any traffic hazards, dial 911.
Once you have contacted the police, gather as much information as possible. Use your phone to take photos of the crash scene or vehicle damage, and safely take pictures from as many angles as possible. Either draw or photograph the intersection or highway where the crash took place.
Gather as Much Information as You Can
Exchange insurance information with the motorcycle rider and collect contact details for any potential witnesses. Observe if the rider was wearing a helmet, and get a photo if you can.
If the rider is uncooperative, note it, but do not continue to ask once they have refused. Once the police report has been filed and you have collected as much evidence as possible, seek medical attention.
Seek Medical Attention
Even if you don’t believe you have been injured, you should seek medical attention. Let paramedics examine you at the scene and proceed to get checked out by a doctor at a hospital. Not all damages are immediately evident, and waiting to get a thorough examination can lead to your injuries getting worse, as well as making it more difficult to collect compensation.
The Statute of Limitations for Filing a Lawsuit in Nevada
Nevada law under NRS § 11.190 gives accident victims two years to file a lawsuit against the liable party. Failure to file before the two years is up could result in the loss of your right to recover compensation. However, it is crucial to realize that there are many exceptions to this time limit.
Depending on the circumstances of your accident and injuries, you may still be able to file a lawsuit long after the statute of limitations has expired. At the same time, you could find that you actually have far less than two years to submit your lawsuit and pursue compensation.
An experienced attorney can help identify if any special conditions apply to your case and ensure that you meet all deadlines.
Contact a Las Vegas Negligent Rider Accident Lawyer for Help Today
You could receive compensation and reimbursement for medical expenses and property damage. If you are found to need rehabilitation or surgery, you can be compensated for that too, as well as the recovery of any lost wages due to the accident.
Our negligent moyorcycle rider accident lawyers in Las Vegas have the experience and expertise to get you started on your road to recovery. Contact Pacific West Injury Law today for a free consultation.