Following a motorcycle crash, you need answers regarding your accident; specifically the legal remedies you can pursue. Our attorneys are prepared to help you sue for the compensation to which you are entitled. Contact us today for a free consultation.
Who is at Fault for a Motorcycle Accident?
Motorcycle accidents often result in devastating injuries, excruciating pain, and a slew of medical disabilities the victim will have to endure for the rest of their life. However, what makes this collision even more complicated, is determining fault for these crashes is not as easy as many people expect it to be. This is because there are usually many factors that can contribute to a motorcycle accident, and as a result, there are numerous parties that can be held at fault. For instance:
- Another motorist, biker, and even pedestrian
- A passenger on the motorcycle
- The motorcycle manufacturer
- The agency responsible for the maintenance of a road, if a dangerous condition in the roadway caused the accident
- A motorcycle rental company
- A motorcycle repair shop responsible for repairing and maintaining the bike
- Anyone else who contributed to the accident
For a free legal consultation, call 702-602-HURT
How do You Prove Someone was at Fault for Your Motorcycle Accident?
To prevail in a personal injury claim for your motorcycle accident, you need to show that the other party was responsible for your crash. To do this, you will need to prove that this party’s actions were reckless, negligent, or intentionally caused your motorcycle accident.
Generally, to establish negligence, you will need to establish the following elements:
- A duty of care: The wrongful party owed you a duty of care, or rather a legal obligation to act or drive safely
- A breach of duty: The wrongful party breached this duty, such as by not following traffic rules or acting recklessly while they were on the motorcycle
- Causation: The negligent actions that resulted from the breach caused your accident and led to your harm
- Significant damages: You also need to show that you had to endure substantial damages such as lost wages or medical bills because of the losses and injuries you suffered
Proving fault after a motorcycle accident can get rather complicated. That is why it is important to work with an experienced personal injury attorney that can take over this process for you and secure the evidence needed to show fault and damages.
How Much Time do You Have to Bring an Injury Claim Following a Motorcycle Accident?
If you have been harmed in an accident, you will have a limited amount of time to file your case. This time period is referred to as the statute of limitations, and it is a law that dictates the maximum amount of time you have to file a claim following an alleged offense.
In Nevada, this statute of limitations is two years from the accident date. However, there are various exceptions to the rule that can increase or shorten the amount of time you have to file. That is why it is best not to wait. Instead, you should reach out to a knowledgeable personal injury attorney as soon as possible and let these lawyers help you determine how much time you have to file your case and ensure your legal motions are filed properly.
What Compensation are You entitled to After a Motorcycle Accident?
If you suffered injuries in a motorcycle collision because of another person’s wrongful actions, you may be able to recover money for this harm. This compensation often includes the following:
- Medical expenses including past, current, and future medical bills for doctor visits, prescription medications, surgeries, assistive medical devices, and hospital stay
- Lost wages
- Lost earning capacity
- Property damage repairs
- Physical and occupational rehabilitation
- Pain and suffering
- Emotional distress
- Funeral and burial expenses (if the victim passed away following the accident)
In addition, in some instances, you may also be entitled to punitive damages. However, you will first need to show that the defendant acted recklessly or maliciously.
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Why do You need to Retain Experienced Legal Counsel Following a Motorcycle Accident?
To bring a successful injury claim, you need to be able to present sound legal arguments and provide detailed and relevant evidence showing what happened and who was at fault for your accident. However, following a motorcycle crash, this is often the last thing on your mind. Fortunately, with an experienced personal injury attorney on your side, you will not have to tackle this complex legal battle on your own.
When you retain a skilled personal injury lawyer, these attorneys can:
- Go over your case with you in detail, figure out if you have a viable case, and determine what legal options you can pursue.
- Answer all of your questions and concerns.
- Investigate your motorcycle accident and gather the evidence needed to show who was at fault for your accident and the damages you sustained.
- Hold all those responsible for your accident accountable for the harm and losses you endured.
- Bring in experts such as accident reconstructionists, engineers, and doctors to substantiate your claim.
- Handle all the negotiations with the insurance company and pursue a just settlement on your behalf.
- Take your case to trial, and fight for a successful resolution to your lawsuit.
Contact an Experienced Attorney at Our Firm for Help Today
If you or a loved one has been injured in a motorcycle accident, do not wait any longer. Contact Pacific West Injury Law today for a free case consultation and let our legal team show you how we can fight for you, your rights, and the financial recovery you need.