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Las Vegas Motorcycle Accident Lawyer

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 an lawyer and a board-certified neurologist – the only one in the state of Nevada.

Why Choose Our Las Vegas Injury Attorneys?

  • We handle our cases on a contingency fee basis, meaning you pay us no fees until we recover compensation for you. There are no upfront costs when we take your case.
  • We understand the tactics employed by defense experts and know how to counter them in settlement negotiations or court.
  • We prepare every case as though we were going to trial, crafting thorough, well-researched, comprehensive legal strategies with the intent of pursuing maximum compensation for you.

Las Vegas Motorcycle Accident Statistics

  • The National Highway Traffic Safety Administration (NHTSA) reports that motorcyclist deaths accounted for 14% of all traffic fatalities in a recent year.
  • According to the Governors Highway Safety Association (GHSA), per vehicle miles traveled, motorcyclist fatalities in traffic crashes occurred 28 times more frequently than passenger vehicle deaths.
  • 5,286 motorcycle riders were killed on U.S. roadways.
  • 25% of motorcyclists involved in fatal crashes were alcohol-impaired.
  • 74 riders died in motorcycle accidents in Nevada alone in a single recent year.

What Makes Motorcycle Crashes So Dangerous?

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:

  • Motorcycles are smaller and less visible than passenger vehicles. Drivers sometimes fail to register a motorcycle in the roadway.
  • They are less stable than four-wheeled vehicles and more likely to wreck due to potholes, debris, or dead animals in the road.
  • Motorcycles do not provide the protection of an enclosed vehicle. Riders are out in the open and more likely to suffer serious or fatal injuries in a crash.

Common Causes of Motorcycle Wrecks In Las Vegas

  • The NHTSA states that approximately one-third of all multi-vehicle motorcycle crashes are caused by another driver turning into the path of the motorcycle. This frequently occurs when a driver traveling in the opposite direction of a motorcycle turns left at an intersection, cutting the motorcycle off.
  • Many motorcycle accidents occur during lane changes. This happens when a motorcycle appears in a driver’s blind spot and the driver fails to perform a shoulder check before changing lanes.
  • Rear-end collisions are particularly dangerous for motorcyclists. Drivers who are distracted or following too closely can hit a motorcyclist from behind. Although rear-end collisions are often minor “fender benders” when they involve two passenger vehicles, they are often deadly for a motorcyclist who is thrown from the motorcycle onto the roadway.

Common Injuries in Motorcycle Accidents

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.

Legal Options for Injured Nevada Motorcyclists

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.

Claims Against Motor Vehicle Drivers

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:

  • Running a red light
  • Driving while intoxicated
  • Failure to yield the right of way
  • Distracted driving
  • Fatigued driving
  • Opening a vehicle door out into traffic
  • Changing lanes without checking for oncoming vehicles
  • Following too closely behind a motorcycle

Claims Against Other Parties

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.

  • Manufacturers:  If your accident occurred due to a defective vehicle or vehicle component, you could file a product liability lawsuit against the manufacturer of the defective item.
  • Government Agencies: If you are injured due to dangerously designed or poorly maintained roads, you could file a claim against the government agency responsible for the dangerous condition. Claims against the government follow different rules compared to cases involving private entities or individuals, so it is important to speak with a lawyer as soon as possible.
  • Private Companies: If you are struck by a commercial driver who is operating a vehicle for a private company, you could file a lawsuit against his or her employer. Companies are liable for any accidents caused by employees completing their job duties. If a company’s negligence is directly responsible for your accident, you could name the entity in your lawsuit as well.

What Compensation Could I Receive After A Motorcycle Accident In Nevada?

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.

Common examples of damages claimed in Nevada motorcycle accident cases include the following.

  • Past and future medical care, such as surgeries, ongoing treatments, prescription medications, and doctor’s visits
  • Lost wages during your recovery period and loss of future earnings, if your injuries prevent you from returning to work
  • Repairs and replacements for any property damage that you sustained in the collision
  • Physical pain and suffering, such as chronic pain and permanent disability
  • Emotional pain and suffering, such as depression, anxiety, fear, and mental anguish

How Comparative Negligence Could Affect Your Case

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. 

How Long Do You Have to File a Motorcycle Accident Lawsuit in Nevada?

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. 

 

What Should I Do After an Unexpected Motorcycle Crash?

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.

Call 911

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. 

Receive Medical Care

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.

  • First, you may have internal injuries that you do not know about yet. Symptoms of serious conditions, like brain damage or organ perforation, may not appear for hours or days following the accident. Receiving medical care can help you avoid potentially life-threatening complications.
  • Second, your medical records will be valuable pieces of evidence in your motorcycle accident claim. If you do not have this documentation, it would be very difficult to prove that you were injured in the accident and not by another event.
  • Third, failure to seek medical attention could cast doubt on the validity of your case. The insurance company may claim that your injuries were not very serious if you did not need to seek care following the collision. These assumptions could impact your ability to recover compensation.

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. 

 

Collect Evidence

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. 

 

Speak to Witnesses

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. 

 

Briefly Exchange Information

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.

 

Speak to a Lawyer

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.  

 

Contact a  Lawyer

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.

 

Why You Need a Las Vegas Motorcycle Accident Lawyer

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.

At The Janda Law Firm, we have a deep understanding of medical and legal issues involved in motorcycle accident cases. If you have been hurt in a motorcycle crash, call us as soon as possible at (702) 758-8888 for the strong legal representation you need.