Las Vegas Motorcycle Accident Lawyers

Yes, under Nevada’s Modified Comparative Negligence Law, you can still recover compensation even if you are partially at fault for a crash. The rule states you are entitled to damages as long as your negligence is 50% or less. If you are found to be more than 50% at fault (51% or higher), you are barred from recovery. If your fault is 50% or less, your total compensation award will be reduced by your exact percentage of fault. For example, 20% fault reduces a $60,000 award to $48,000. Because insurance companies often try to increase your fault percentage, legal counsel is highly recommended.

Motorcycle crash lawsuits are often more complicated than car accident claims due to two main factors:

• Severity of Injuries: Motorcycle accidents typically cause more severe injuries, leading to higher lifetime medical costs and more complex calculations for future damages.
• Jury Bias: There is a common bias against motorcyclists, with an unfair assumption that riders are reckless. This makes it harder to prove the rider’s innocence and increases the risk of being assigned partial fault, which can reduce compensation.

Yes, you can still file a motorcycle injury claim even if you were not wearing a helmet, as long as you were not primarily at fault for the crash. However, since not wearing a helmet is a traffic violation in Nevada, the insurance company will likely argue that your lack of a helmet contributed to the severity of your injuries, especially head injuries. This can lead to a reduction in your compensation under comparative negligence law. Injuries to other body parts may not be affected. It is always safest to wear a helmet, but you are still entitled to file a claim without one.

Evidence is a crucial part of your motorcycle accident claim. Especially since motorcycle bias could affect how much compensation you receive. As much evidence as you can provide will help paint a more clear picture of what happened and will help ensure you are not unfairly blamed. Helpful evidence includes photos, videos, surveillance footage, police reports, and witness statements. It can include medical records, medical expert testimony, accident reconstruction expert testimony, pay stubs, medical expenses, and more. Your lawyer can help you put together all the evidence you need to prove your case.

If a family member dies in a motorcycle crash, the family or the personal representative of the estate can file a wrongful death claim. Though compensation cannot alleviate grief, it assists with financial losses stemming from the tragedy. Recoverable damages can include funeral and burial costs, medical expenses, lost wages, and compensation for loss of companionship, grief, sorrow, and pain and suffering. A lawyer can help calculate these damages and pursue fair compensation for the family.

Most motorcycle accident cases do not go to court, settling instead through investigation and negotiation with the insurance company to avoid the time and costs of a lawsuit. However, your case may proceed to litigation if liability is strongly disputed or the insurance company refuses to offer a fair settlement. While this adds significant time, going to court ensures you fight for the compensation you deserve. Your lawyer will advise and represent you throughout this entire process.