Henderson Motorcycle Accident Lawyers

When a motorcyclist is injured in a crash, they often sustain injuries that may impact them for the rest of their lives. An injured biker may have trouble returning to work, enjoying their hobbies, or suffer from chronic pain or disfigurement. Nevada law provides a means for an injured motorcycle rider to seek justice when someone else is responsible for injuries and losses. An injured motorcyclist has the right to seek compensation that helps make them whole again after a crash.

Before speaking to the insurance company, discuss your case in a free consultation with our Henderson motorcycle accident attorneys at (702) 600-3200.

What Types of Losses Are Recoverable in a Personal Injury Case?

The amount that can be recovered in a bodily injury claim for a car versus motorcycle crash in Henderson depends on several factors. This may include the severity and type of accident-related injuries, the facts and circumstances of the incident, and quality of life before the collision. An experienced attorney will work diligently to secure maximum compensation for losses, including:

• Past and future medical bills
• Lost wages and diminished earning potential
• Scarring and disfigurement for unsightly marks, especially if they are in a visible area of the body
• Pain and suffering that occurs from the physical pain and emotional distress resulting from the motorcycle crash
• Out-of-pocket expenses that are directly related to the accident, such as assistive medical devices and home/vehicle renovations to accommodate a plaintiff’s permanent injury or disability

An important factor that can limit the amount of compensation recovered in a motorcycle crash is the at-fault driver’s insurance policy limits. The value of a bodily injury claim is heavily influenced by the other party’s policy limits, as it can be challenging to recover losses that exceed the at-fault driver’s limits, especially if you do not have uninsured and underinsured motorist protection.

What is Comparative Fault and How Can it Affect a Car-Motorcycle Collision Case?

To obtain compensation for injuries and losses resulting from a motorcycle crash, it is important to determine who was responsible for the incident. In most cases, liability may lie with the other driver. Under Nevada’s comparative fault law, you may still recover compensation even if you were partially at fault, but the total award would be reduced based on the percentage of fault that is assigned to you. As such, establishing liability is an important aspect of a personal injury case.

How an Injury Attorney Can Determine Liability and Establish Fault

Your Henderson motorcycle accident attorney will conduct a thorough investigation into the incident to collect and preserve evidence that supports your personal injury claim. This may include, but not limited to:

• Evidence of damage to the motorcycle and the other involved vehicle
• Eyewitness statements, police reports, and testimonies from expert witnesses, such as crash reconstruction specialists
• The other driver’s cell phone records, obtained through a subpoena if it is suspected that distracted driving may have caused or contributed to the crash
• Photos and video footage of the crash site and surrounding conditions, such as skid marks in the road, overgrown vegetation obstructing street views, and more

An in-depth investigation into a vehicle versus motorcycle collision by an attorney can uncover many crucial details. For instance, the accident scene and vehicle damage may provide valuable insight into how the crash happened, the speed of the other car, and the severity of the impact.

What if I Was Not Wearing a Helmet at the Time of the Motorcycle Crash?

When a biker is involved in a crash and was not wearing a helmet at the time of the incident, they may still be able to recover compensation. However, the opposing side may argue that the helmet would have prevented, mitigated, or lessened the severity of head injuries. On the other hand, a helmet cannot prevent injuries, such as internal trauma or broken bones, so this defense typically applies only to head trauma that could have been reduced or prevented by helmet use.

Expert witness testimony is often necessary to assess which motorcycle injuries, if any, may be affected by not wearing a helmet. Insurance companies and defense counsel may often use the lack of helmet use argument to devalue or deny cases. It is important to hire a knowledgeable Henderson motorcycle injury lawyer immediately after a crash to ensure that your rights are protected, and fault is not unfairly shifted onto you for not wearing a helmet and other reasons.

Should I Accept the First Settlement Offer from the Insurance Company?

If the at-fault party’s insurer has made a settlement offer to resolve a personal injury claim, it is important to consult with an experienced Henderson motorcycle accident attorney before accepting it. Insurance carriers often act quickly to make offers to injured parties who may accept them without truly understanding the extent of their injuries and losses. This tactic is commonly used to minimize payouts for injury claims.

It is advisable not to communicate directly with the insurance company about your bodily injury claim. Insurance adjusters may use your words to devalue or deny your claim. As such, do not agree to providing a recorded statement to the insurer nor sign a release. A skilled lawyer will advocate for the compensation you deserve, negotiate with difficult insurance carriers on your behalf, and collect evidence to build the strongest case possible.

What if My Loved One Died in a Car-Motorcycle Collision?

A wrongful death claim may be brought forward by surviving family members when a close relative suffers fatal injuries in an accident caused by someone else’s negligence. Under Nevada law, eligible survivors can seek reimbursement of economic and non-economic damages, including:

• Burial and funeral costs
• Mental anguish experienced by survivors due to the loss of life
• Loss of the deceased’s companionship, care, protection, and support
• Expenses for medical treatment for final injuries related to the incident (through a survival action)
• Financial support, inheritance, and gifts the decedent would have provided, including future lost earnings
• Household services the deceased person would have offered to the family household if not for the fatal crash, such as childcare, home maintenance, etc.

Nevada’s Statute of Limitations for Personal Injury Cases

There is a limited amount of time within which an injured party is allowed to bring a case. The statute of limitations in Nevada is two years, meaning that the injured person must settle the claim or file a lawsuit. In motorcycle crash cases involving government agencies, the time limit is 180 days after the incident date to file a notice of claim. If the case is not filed in civil court and the claim is not settled with the other side, the plaintiff may lose the right to recover damages.

Contact a Motorcycle Accident Attorney in Henderson, Nevada

Handling a claim while recovering from motorcycle injuries can be difficult. Allow our legal team at Southwest Injury Law to handle your case so you can concentrate on your recovery. Schedule a free consultation today with an experienced Henderson motorcycle accident attorney to discuss your case. Call our office at (702) 600-3200. We will examine your case, gather evidence, and if needed, take your case to court if a settlement agreement cannot be reached with the insurance carrier.