Henderson, NV Motorcycle Accident Lawyer
Motorcycle accidents often see victims with serious injuries, given the lack of protection around them. These crashes are also potentially more serious because drivers fail to protect riders, ignoring or even mistreating them on the road.
When you get hurt, our lawyers can help. You may need expensive medical care covered, plus the cost of your vehicle repairs, lost earnings, and pain and suffering. We fight to help motorcycle accident victims get the compensation they deserve.
Call Mitchell Rogers Injury Law at (702) 702-2622 for a free case evaluation with our motorcycle accident lawyers.
How is Fault Determined in a Motorcycle Accident?
Most auto accidents are caused by a driver violating a traffic law. Otherwise, their actions might have been unreasonable in the given situation. Either one counts as a “breach of duty,” which is the basis of an injury case against them.
Most motorcycle accidents involve a violation that could have just as easily caused a car crash, such as speeding or running a red light. However, motorcycle riders also face crashes from drivers failing to look for smaller vehicles or intentionally trying to muscle out motorcycles from their lane.
We can use evidence from your own testimony, other witnesses, security cameras, dashcams, helmet cams, and other corroborating physical evidence from the scene of the crash to show how the accident happened and why it was their fault.
Can Motorcycle Riders Be Held at Fault for Their Own Accident?
There is a stigma against motorcycles that they are dangerous and that riders should be responsible for their own injuries. This is a weak legal argument, given that motorcycles are legal and riders often take extra safety precautions, knowing they have no airbags or seatbelts to protect them.
Fortunately, the law is on your side.
First, motorcycle riders cannot be held liable for a crash they did not cause. If you did everything right, you should not be blamed.
Second, the law allows for partial fault assigned among multiple people, so even if you did something wrong, it might not block your case.
Under NRS 41.141, as long as you have a maximum of 50% of the blame, you can still get compensation for the other driver’s percentage of your damages. For example, if you are deemed 10% at fault because you were splitting lanes when a driver ran a red light, you would lose 10% of your damages but still win your case.
Motorcycle Helmet Laws in Henderson, NV
Nevada law requires all motorcycle riders to have helmets meeting DOT standards under NRS 486.231. This usually means a full-face shield or goggles are also required.
Missing Helmet Made Injuries Worse
If you are not wearing a helmet, it might have contributed to your injuries. Head and face injuries are often reduced, but helmets are not perfect.
With or without a helmet, you could still suffer a concussion or traumatic brain injury. However, if the injury would have been prevented with a helmet, you might share some responsibility for that injury.
Missing Helmet Not a Cause of the Crash
However, failing to wear a helmet is not usually a cause of the initial crash. The accident – and thus the injuries – never would have happened without the other driver’s traffic violation. That cannot be discounted, and you can still hold them liable for what they did.
Missing Helmet Unrelated to Injuries
Another factor is that a missing helmet cannot be the cause of a leg or arm injury, for example. Evidence of a missing helmet might not even be admissible evidence if it is not important to the injury.
Common Injuries for Motorcycle Riders in Henderson, NV
Our motorcycle accident lawyers help victims of all kinds of injuries, ranging from mild and moderate to severe, life-altering injuries.
Most crashes involve road rash/abrasions, and victims often need medical attention for these. On top of this, broken bones, sprains, and strains are also quite common.
More serious injuries in a motorcycle crash can involve…
- Traumatic brain injuries
- Spinal trauma
- Broken back or neck
- Paralysis
- Amputation
- Crush injuries.
No matter how serious your injury case, we can seek full compensation for your injuries.
How to Get Compensation for a Motorcycle Accident
In Nevada, our insurance laws hold the at-fault driver responsible. Minimum insurance coverage in the state is $25,000 per person for injuries ($50,000 per accident) and $20,000 per accident for vehicle damage. Drivers might have higher insurance, too.
This can often cover much of your damages, but you have to prove they were at fault before damages are paid. Insurance companies might not accept your evidence and deny their driver’s fault, in which case we need to take them to court.
Most motorcycle accident cases settle before trial, getting you paid earlier.
If you opt-in, you might also have coverages on your own policy to help with your damages. Medpay insurance pays for some medical costs, and uninsured/underinsured motorist coverage will help cover your crash if the other driver’s insurance is too low or they have no insurance.
In a lawsuit, you can hold the driver who hit you responsible for all damages. The jury decides the total amount based on the evidence and arguments we present, and the judge orders payment, usually within 30 days of the decision.
How Long Do Motorcycle Accident Cases Take?
It can be a while between filing your initial insurance claim and finally seeing compensation. Our lawyers work to speed your case along in every way possible, but court filings take time, and court scheduling is often crowded.
If you have first-party Medpay coverage, this can help get you payments in the meantime. Settling your claim can also get you damages faster, but you should check with a lawyer before accepting any settlements to ensure they cover enough.
Call Our Henderson, NV Motorcycle Accident Lawyers Today
If you were hurt in a motorcycle crash, call the motorcycle accident lawyers at Mitchell Rogers Injury Law at (702) 702-2622.