Motorcyclists are much more likely to suffer serious injuries in a crash than passenger vehicle occupants. Sadly, a large number of motorcycle accidents are caused by other drivers. If you have been hurt in a motorcycle accident that was someone else’s fault, contact The Janda Law Firm today. Our Las Vegas motorcycle accident attorney offers a unique combination of medical and legal knowledge that could benefit you in filing a claim for compensation, as Dr. Paul Janda is both a lawyer and a board-certified neurologist – the only one in the state of Nevada.
Motorcycle riders face a higher risk of serious injury or death in a crash than passenger vehicle occupants. Motorcycles differ from cars in several ways that leave riders more vulnerable to injuries:
Motorcycle accidents can be devastating and catastrophic. Unlike passenger vehicles, which are protected by heavy metal shells, motorcyclists are vulnerable to the elements during a collision. As a result, these accidents often lead to debilitating and sometimes life-threatening injuries, such as the following.
If you are injured in a motorcycle accident, you can experience serious physical, emotional, and financial hardship. In these situations, you may wonder how you can expect to recover from the trauma of the accident.
Nevada offers several legal pathways for injured motorcyclists to recover compensation. However, your optimal claim will depend on the cause of your motorcycle collision.
Like most states, Nevada follows a fault-based standard when determining financial responsibility after motor vehicle accidents. Drivers who cause accidents must pay for the damages of their victims, who may include other motorists, passengers, pedestrians, and motorcyclists.
If you are injured in a collision with a negligent driver, you have the right to pursue an insurance claim or personal injury lawsuit against him or her. Through your claim, you can recover compensatory damages for medical care, lost wages, pain and suffering, and more.
Examples of driver negligence include the following:
Drivers are not the only parties who may be liable for a motorcycle accident. In some cases, these accidents are caused by defective roads, malfunctioning motorcycle parts, or even the negligence of a commercial employer.
In these situations, one of the following parties would likely be liable for your collision.
In Nevada, you can claim two types of damages as an injured motorcyclist: economic damages and non-economic damages. While economic damages involve the financial losses that you sustained due to the accident, non-economic damages refer to your physical and emotional pain and suffering.
It is no secret that motorcyclists often face unfair scrutiny and stereotyping. These attitudes and assumptions can carry into an insurance claim or lawsuit, impacting your ability to recover compensation. That is why it is so important to hire an attorney who can represent your claim, advocate for your optimal outcome, and protect your best interests.
One way that your award could be impacted is through comparative negligence. If the at-fault party claims that you are partially responsible for the accident, this could affect your ability to recover compensation. In the insurance process, the representative may use this information to reduce or deny your claim.
During a lawsuit, the court could reduce your final settlement by the amount of liability that you allegedly share. Nevada follows a modified comparative negligence rule, so if you share 51% or more of the fault, the court will not allow you to recover compensation at all.
For example, say that you are struck by a motorist who claims that you were lane-splitting at the time of the accident. The court assigns you 30% of the fault. If you ask for a $100,000 award, you will receive $70,000. If the court had assigned you 55% of the liability, you would receive $0.
If you believe that you qualify for a motorcycle accident lawsuit, it is important to speak with a lawyer as soon as possible. According to Nevada’s statute of limitations for personal injury claims, you must file your lawsuit within two years from the date of your accident. If you miss the deadline, the court will dismiss your case.
While there are certain exceptions to the statute of limitations, they are not common in motorcycle accident cases. To protect your right to compensation and initiate your claim, speak to an attorney at The Janda Law Firm to identify your appropriate filing deadline.
After a motorcycle accident, it is easy to feel overwhelmed and disoriented. However, the actions you take immediately following the collision will affect your future claim and your ability to recover compensatory damages. As soon as possible following the collision, take these steps to seek help and begin preparing for your future case.
Immediately after the accident, call 911 and report the incident to law enforcement. Calling 911 will bring emergency medical services to your area as well, so you can receive treatment for any serious injuries that you may have.
When a police officer responds to the scene, he or she will take notes and interview various parties involved in the collision. When the officer speaks to you, keep your responses honest and brief. If you do not know the answer to a question, simply tell the officer that you do not know.
Collect the responding officer’s name and badge number if you are able. Using this information could help you find the police report, which will contain valuable evidence that you could leverage to support your claim.
Seek medical care as soon as possible following the collision and save all records related to your injuries and treatment. In the weeks following the accident, submit requests to all of the providers who cared for your injury and obtain your complete medical records for those visits. This information will serve as valuable evidence in your future case.
You should always receive medical treatment after a motorcycle accident, even if you do not initially feel injured. There are several reasons as to why you should seek medical care.
To protect yourself and your right to recovery, seek medical care as soon as possible after the accident. Do not wait to seek the help that you need.
If you can move around the scene of the accident without putting yourself in danger or at risk of further injury, start documenting evidence. Save any relevant physical evidence, such as damaged possessions, torn clothing, and other items. If something is too damaged to take with you, photograph it.
Take as many photographs and videos of the accident as you can. Make sure to capture your injuries, motorcycle damage, damage to other vehicles involved in the accident, and the traffic signs and signals around the area.
After the accident, you could also return to the area and take pictures of what the scene looks like under normal conditions.
If there are any witnesses in the area, approach them and ask if you could have their contact information. These individuals could provide valuable testimony on your behalf, helping corroborate your version of events and establish the cause of the collision.
At the scene of the accident, exchange contact, license, and insurance information with all of the other people involved in the collision. Keep your interactions very brief and do not make any statements about the accident or your injuries.
Anything that you say about the accident could affect your claim in the long run. At this stage of your case, it is important to remain silent until you have investigated all of the facts. Do not speak to any involved parties in the days and weeks following the accident either.
As soon as possible following your accident, contact an attorney to discuss your potential case and take the first steps toward filing your claim. Do not speak to anyone about your case until you contact a Las Vegas motorcycle accident lawyer—especially the at-fault driver or his or her insurance company.
An attorney acts as your advocate throughout the claims process and is dedicated to securing your highest possible settlement. The at-fault driver and his or her insurers have different goals. After you receive medical care for your injuries, enlist the support of a motorcycle cycle accident lawyer who can represent your case.
If you are injured in a Las Vegas motorcycle accident, you need an attorney on your side. These collisions can be devastating and result in painful, debilitating injuries. In these situations, you need someone who can advocate for your best interests and fight for your right to recovery.
If you have been seriously injured in a motorcycle crash, it is in your best interests to get a Las Vegas motorcycle accident lawyer by your side. Insurance companies often attempt to blame the motorcyclist for an accident in an effort to minimize the damages they must pay. With Dr. Paul Janda’s medical background, he can accurately determine the costs associated with your injuries and assess the full extent of your losses, so you can pursue the maximum compensation in your claim. We can negotiate skillfully with insurance companies on your behalf and fight for your rights in court, if necessary.