What Makes Motorcycle Accident Lawsuits Different from Other Accident Lawsuits?


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 a strategic case and fight for the money you need.

At THE702FIRM Injury Attorneys, we know what makes motorcycle accident lawsuits different from other types of traffic accident cases, and 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:

  • The 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 riders: Bias against motorcyclists makes it challenging for them to get fair treatment by 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 it essential to work with an attorney who has experience handling motorcycle cases. 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

Motorcycle accident lawsuits can also differ from other types of claims due to Nevada’s helmet laws. 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 as long as you can 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 on your own, especially when trying to recover from severe injuries. The good news is that our accomplished legal team can do all of 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 amount of compensation that 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
  • Emotional distress
  • Loss of enjoyment of life
  • Pain and suffering
  • Property damage

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, but it also guides how an insurance adjuster will value a claim. Hiring a motorcycle accident attorney to handle your claim can shield you from unfair claims of fault.

Contact an Experienced Motorcycle Accident Lawyer

The experienced attorneys at THE702FIRM Injury Attorneys are ready to stand up for you. Call or contact us now to learn more about how we can help. The first consultation is free, and there’s no obligation.