Motorcycle Accident VS Other Accidents Lawsuits

Attorney
Attorney

According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists are four times more likely to be injured and 29 times more likely to die in a traffic collision than occupants of passenger vehicles. Moreover, when motorcyclists are involved in serious accidents, they can face unique challenges that others do not.

Did you sustain injuries in a Nevada motorcycle accident that wasn’t your fault? You can pursue full and fair compensation for your losses. A Las Vegas motorcycle accident lawyer can build strategic motorcycle accident cases and recover the compensation you need.

At THE702FIRM Injury Attorneys, we know what makes motorcycle accident lawsuits different from other traffic accident cases. We’ll use that knowledge to our advantage when negotiating with the insurance company. Contact our Las Vegas office today for a free consultation.

How Do Motorcycle Accident Lawsuits Differ from Others?

Motorcycle accidents differ substantially from other motor vehicle collisions in several ways. Understanding these distinctions is fundamental to bringing a successful insurance claim or motorcycle accident lawsuit.

Key differences that put motorcycle crashes in a category of their own include:

Severity of the injuries 

Motorcycle accident victims are more likely to sustain catastrophic personal injuries. Riders may only have a helmet and protective clothing to protect them from the violent impact of a crash. Broken bones, traumatic brain injury (TBI), paralysis, internal organ damage, and limb loss are common. These injuries carry enormous medical costs and can significantly alter the quality of a victim’s life.

Lifelong impairments 

While the initial medical costs associated with a severe motorcycle crash can be substantial, they often pale in comparison to the future medical expenses that injured riders incur. Motorcycle accidents can cause debilitating conditions that will require a lifetime of treatment, rehabilitation, and other services. These expenses can and should be factored into a motorcycle accident claim or lawsuit.

Negative stigma against motorcycle riders

Bias against motorcyclists makes it challenging for them to get fair treatment from insurance companies, judges, and juries. After a wreck, there’s a tendency to think the biker is at fault. This negative stigma can influence the value of a rider’s claim and whether they are considered partially at fault for causing the accident.

These unique and complicated factors make working with an attorney with experience handling motorcycle cases essential. An attorney will develop a strategy to counter unfair biases and prove that you deserve full and fair compensation after a crash.

Nevada Helmet Laws

helmet laws

Due to Nevada’s helmet laws, motorcycle accident lawsuits can also differ from other types of claims. Nevada requires all motorcycle, moped, and motor trike riders to wear helmets approved by the Department of Transportation (DOT). These helmets will have an identifying sticker generally placed on the back or inside the helmet.

Failing to wear an approved helmet can result in fines and two demerit points on a rider’s driving record. It might also increase the insurance company’s perception that your recklessness caused the wreck. However, the lack of wearing a helmet does not prevent you from filing a motorcycle accident claim. There’s never an excuse for another driver to run a red light, fail to check their blind spot or speed on Nevada roads. You could still receive compensation if you prove the other party was mostly at fault for the accident.

Proving Liability in a Motorcycle Accident

To secure compensation through a motorcycle accident lawsuit or insurance claim, you must prove that another party is liable for the collision and your resulting injuries. This means showing the other party’s actions directly led to the accident and your injuries.

A motorcycle accident lawyer from THE702FIRM Injury Attorneys can establish the other party’s liability for the crash by:

  • Collecting documentary evidence, including police reports and medical records
  • Conducting witness interviews
  • Reviewing photos or video footage of the accident scene
  • Consulting with medical, vocational, and accident reconstruction experts to show what happened and how the injuries affected your life.

Much of this evidence can be difficult to obtain independently, especially when recovering from severe injuries. The good news is that our accomplished legal team can do all the legwork for you. Your only job will be to focus on your recovery and make the best decision based on your attorney’s advice. At THE702FIRM Injury Attorneys, we work for you.

Compensation for a Motorcycle Accident

The compensation a victim may receive following a motorcycle accident is determined primarily by the extent of their losses. In general, a rider may be able to recover money for:

  • Medical expenses
  • Rehabilitation
  • Lost wages
  • Loss of earning capacity
  • Out-of-pocket expenses

Nevada’s civil courts follow a modified comparative negligence law when determining fault for an accident. This means a victim’s compensation is reduced by how much responsibility they bear for causing the accident. For example, if a motorcyclist is assigned 20 percent of the fault for a crash, the court will reduce the compensation by 20 percent.

There’s one exception: No compensation is possible if a victim is found more than 50 percent at fault for an accident in Nevada.

The modified comparative negligence rule binds court decisions and guides how an insurance adjuster will value a claim. Hiring a motorcycle accident attorney to handle your claim can shield you from unfair fault claims. 

Importance of Specialized Legal Representation for Motorcycle Accident Victims

common challenges in motorcycle accident cases

When you’re involved in a motorcycle accident, the stakes are often higher than in other vehicle accidents. Motorcycles offer less protection, which means injuries can be more severe. Whether it’s broken bones, traumatic brain injuries, or spinal cord injuries, motorcycle accident victims face a tough road to recovery. This is where having a specialized motorcycle accident attorney becomes important.

Unlike car accidents, motorcycle crashes often involve unique challenges. Motorcyclists are at a higher risk on the roads due to factors like road hazards and less visibility, contributing to the complexity of motorcycle accident cases. An experienced Las Vegas motorcycle accident lawyer understands all legal aspects, from dealing with insurance companies to handling legal processes.

Motorcycle accidents also involve higher medical expenses and potential long-term or catastrophic injuries. A specialized attorney will aim to recover compensation for immediate medical bills, ongoing medical care, lost wages, and other damages like pain, suffering, and emotional distress. They are adept at proving who the at-fault party is, even in complicated scenarios where multiple parties might be involved or where the motorcycle rider is partially blamed due to common prejudices against bikers.

Moreover, insurance companies often try to minimize compensation. A motorcycle accident attorney knows how to negotiate with these companies to ensure you receive fair compensation. Without specialized legal representation, you might find yourself overwhelmed and under-compensated.

Hence, specialized legal representation is essential for motorcycle accident victims to manage the complex and often biased terrain of personal injury claims. These attorneys bring a deep understanding of the specific challenges faced by motorcycle riders, from interpreting police reports to presenting evidence effectively at trial. They play a key role in helping victims of motorcycle accidents recover the maximum compensation they deserve, making their representation helpful and essential.

Securing Justice for Motorcycle Accident Victims

Motorcycle accidents differ significantly from other types of vehicular accidents due to the unique risks and outcomes involved. Riders face higher risks of severe injuries because motorcycles lack the protective enclosure that cars provide. When accidents involving motorcycles occur, the legal stakes can be high, often involving intense negotiations with insurance companies or complex personal injury lawsuits.

If you’ve been involved in a motorcycle or car accident, securing a skilled motorcycle accident lawyer can significantly influence the outcome of your case. THE702FIRM Injury Attorneys, based in Las Vegas, specializes in defending the rights of those injured in motorcycle crashes. They understand the critical nature of motorcycle crash cases and are dedicated to helping clients recover maximum compensation for their damages and injuries. Schedule a consultation today to explore your legal options and ensure your rights are fully protected.