Las Vegas Motorcycle Accident Lawyer

Riding a motorcycle can feel exhilarating to many, but it does come with risks that can lead to catastrophic outcomes. Even if protective measures have improved over time, motorcyclists are still vulnerable when on the road. With no protective barrier surrounding them from falling out of the vehicle, it can raise the likelihood of serious or fatal accidents.

Each motorcycle accident case will vary due to the unique factors associated with a victim's experience. At West Coast Trial Lawyers, our Las Vegas motorcycle accident attorneys are aware of this and will form a personalized approach to ensure we meet your legal needs. After developing an effective strategy, we will implement it against the opposing side and you get a fair settlement.

We run on a contingency-fee basis, meaning that you owe us nothing until we settle your case. To schedule a free consultation, you can reach out to us by calling (702) 800-2934 or filling out our easy online contact form.

Motorcycle Helmet Laws in Las Vegas

Under Nevada Revised Statutes 486.231, motorcyclists and passengers must "adopt standards for protective headgear and protective glasses, goggles or face shields." It further goes on to mention how both parties will need to have the helmet securely fastened to ensure they are guarded against severe physical contact.

If no helmet is worn while operating a motorcycle, it will be considered a misdemeanor. You will be charged with a $205 fine and a penalty of two demerit points on your driver's license, which is valid for a 12-month period. If you are a repeated offender and accrue twelve demerit points within one year, you will get your license suspended for six months.

Las Vegas Motorcycle Accident Statistics

Based on recent motorcycle accident statistics provided by the Nevada Department of Transportation (NDOT), 18.9 percent of total fatalities involved motorcycle accidents. From 2015 to 2019, 297 deaths and 293 fatal motorcycle accidents occurred. 77 percent of these collisions took place on urban roads. The highest age group contributing to the number of motorcycle accidents were 21 to 25 year old males.

Other additional data shared by the NDOT include the following:

• Angle crashes accounted for 32 percent of fatal motorcycle accidents.
• A moving vehicle was associated with 55 percent of collisions.
• 2.8 percent of Nevada's deaths involved unhelmeted motorcyclists. 39 males and 3 females got into an unhelmeted motorcycle accident. The common age group was reported to be 46 to 50 year olds.
• Most fatal unhelmeted motorcycle crashes occurred due to a rider getting struck by another motor vehicle in an angle collision. A single-vehicle, particularly rollovers/overturns, were reported to be the second most frequent type of accident.

Common Causes of Las Vegas Motorcycle Accidents

Operating a motorcycle can be a thrilling experience for most people, but it does come with some risks that should not go unnoticed. Although safety measurements continue to enhance as time passes, motorcycle riders still remain vulnerable on the road.

In the sections below, we will discuss the common causes of a motorcycle accident in Las Vegas and will share insight on what could be done to reduce the chances of falling victim to such factors.

Speeding

Motorcyclists riding at excessive speeds will put themselves and others at risk of getting into an accident. Speeding can:

• Reduce your reaction time,
• Make it difficult for you to detect hazards ahead, and
• Tamper with your ability to control the motorized vehicle.

This can also increase the force of impact, leaving you with a greater likelihood of sustaining severe injuries. To avoid getting into a speed-related motorcycle crash, you should comply with the city's traffic laws.

Road Hazards

Potholes, debris, and uneven surfaces can trigger a motorcycle accident. If you come into contact with either of these road hazards, you are likely to experience loss of traction, meaning that you are at risk of skidding or losing control over your vehicle. To prevent such a collision from occurring, you should remain alert at all times and maintain a safe speed to spot hazards more efficiently.

Car Door Accidents

Drivers and vehicle occupants are required to scan their surroundings to ensure they are not interfering with moving vehicular traffic before opening a car door (Nevada Revised Statutes 484B.153). Failing to comply with this regulation can result in a car door accident with other drivers and motorcycle riders passing by.

A person shall not open the door of or board or alight from the side of a vehicle which is closest to passing traffic in such a manner as to interfere with moving vehicular traffic. 

Section 484B.153 - Boarding or alighting from vehicle; opening door of vehicle

Impaired Riding

Motorcyclists who operate their vehicle while under the influence will not be able to properly navigate themselves safely on Las Vegas roads. Common issues that may arise under such circumstances include the following:

• Lack of coordination and balance,
• Less time to respond to hazards nearby,
• Poor decision making, and
• No awareness of your surroundings.

Under Nevada Revised Statutes 484C.110, it is prohibited for motorcycle riders to operate a motorized vehicle while having a blood alcohol concentration (BAC) of 0.08 or higher. Those who violate this regulation for the first time will face the following penalties:

• A fine between $400 to $1,000,
• Vehicle impounded,
• Possible prison sentence of up to six months or community service,
• Victim Impact Panel, and
• DUI school or substance abuse treatment.

Additional offenses within 7 years of the first conviction will have harsher consequences based on its severity and frequency.

Left Turns

Visibility and speed misjudgment are two major factors that have triggered left turn accidents. Since motorcycles are much smaller in size compared to a standard vehicle, many drivers will not notice an oncoming motorcyclist when trying to turn left at an intersection. Or, they could incorrectly misinterpret how fast they are approaching.

To prevent a left turn accident, drivers should:

• Look twice at their mirrors and blind spots,
• Wait until their surroundings are more visible, and
• Yield the right of way to motorcyclists.

It is advisable for motorcycle riders to do the following:

• Wear bright or reflective clothing to appear visible,
• Keep a safe distance with other vehicles, and
• Always monitor your surroundings.

Lane Splitting

Lane splitting is when a motorcyclist is riding in between lanes of congested traffic. Under Nevada Revised Statutes 486.351, individuals, except police officers, are prohibited from operating a motorcycle or moped in such a way. This particular action is considered dangerous and may pose a safety risk to riders, drivers, and pedestrians.

Common Motorcycle Accident Injuries

A motorcycle accident can lead to a wide variety of bodily damage depending on the intensity of the impact. Common injuries that can occur after such a collision include the following:

• Broken bones,
• Burns,
• Head injury,
• Traumatic brain injuries, and
• Spinal cord injuries.

It is strongly urged to seek medical care soon after a motorcycle crash regardless of whether you sustain minor harm. This can help prevent it from progressively developing into a worse condition.

What to Do After a Motorcycle Accident in Las Vegas

Understanding what to do after a motorcycle accident in Las Vegas will allow you to make the right decisions that can benefit you when taking legal action against the liable party. Below, we have listed certain approaches to take to help you develop a strong personal injury claim.

Call the Police

If any injuries or damages occurred after a motorcycle accident, you should contact law enforcement. Once they arrive at the accident scene, they will conduct a police report in which you can request a copy to use in your motorcycle accident lawsuit. Paramedics will also be present to provide medical attention to those who need it.

Gather Evidence

Try to collect as much evidence as you can, like:

• Photographs of your injury, damages, and where the collision took place,
• CCTV footage,
• Witness statements,
• Copy of police reports, and
• Copy of medical records associated with the motorcycle accident.

Seek Medical Attention

You should get checked by a specialist immediately after a motorcycle crash. They will examine your injury and determine what medical treatment should be used to help with your recovery.

If you fail to do this at a reasonable time frame, you could experience possible infections that can aggravate your condition. You will also give the opposing side the opportunity to use this against you by claiming that either:

• Your injury was caused by another factor or
• It was not as serious as you stated it was.

Hire a Las Vegas Motorcycle Accident Lawyer

Motorcycle accident victims should hire a personal injury law firm, like West Coast Trial Lawyers, for assistance. Our Las Vegas motorcycle accident lawyers understand that such legal matters can be overwhelming to deal with, and will make sure we take on the difficult tasks while you focus on recovering from emotional and/or physical pain.

Proving Liability in a Las Vegas Motorcycle Accident Claim

Proving liability in a Las Vegas motorcycle accident claim will require you to gather evidence that shows how:

• The defendant owed you a duty of care,
• The defendant breached their duty of care, and
• The defendant's misconduct was the primary cause of your injury and/or damages.

Under Nevada's modified comparative negligence law, both parties will be evaluated to determine the amount of recklessness committed. You can recover compensation if your degree of responsibility is not greater than 50 percent.

Traumatic Brain Injuries and Motorcycle Accidents

Traumatic brain injuries (TBIs) are triggered by violent blows or jolts to the head. A skull fracture may also occur depending on how intense the contact is. Those who are diagnosed with a TBI are likely to experience symptoms associated with cognitive, sensory, or physical impairment.

Cognitive Symptoms

• Disorientation,
• Loss of consciousness,
• Difficulty making decisions,
• Forgetfulness,
• Lack of concentration,
• Irritability, and
• Insomnia.

Physical Complications

• Headache,
• Seizures,
• Nausea,
• Vomiting,
• Impaired vision,
• Irregular pupil size,
• Clear liquids appearing through the nose or ears,
• Slurred speech,
• Muscle weakness, and
• Unsteadiness.

Sensory Symptoms

• Dizziness,
• Cloudy vision,
• Mood swings,
• Light or sound sensitivity,
• Ringing in the ears,
• Depression or anxiety, and
• Fatigue.

Suing for Wrongful Death in a Motorcycle Accident

A motorcyclist can get into a fatal accident after experiencing brute force by a motor vehicle or a hazardous object. If the incident was caused by a negligent individual or entity, the decedent's estate or surviving family may file a wrongful death claim to obtain compensation (Nevada Revised Statutes 41.085).

When the death of any person, whether or not a minor, is caused by the wrongful act or neglect of another, the heirs of the decedent and the personal representatives of the decedent may each maintain an action for damages against the person who caused the death, or if the wrongdoer is dead, against the wrongdoer’s personal representatives...
NRS 41.085 - Heirs and personal representatives may maintain action.

You will be given two years from the date of when the victim passed to sue the at fault party. The following damages may be awarded:

• Medical bills,
• Funeral and burial costs,
• Loss of financial support, and
• Loss of consortium.

What Damages Are Available in a Las Vegas Motorcycle Accident?

Damages available in a Las Vegas motorcycle accident will differ for each plaintiff due to the number of unique causes that can trigger such a collision to occur. Usually, economic damages and non-economic damages are awarded.

Economic Damages

Economic damages are financial losses you incurred due to the defendant's reckless behavior, like:

• Current and future medical expenses,
• Lost wages, and
• Property damage.

Non-Economic Damages

Non-economic damages are losses not associated with tangible expenses. It compensates for any emotional or psychological harm you suffered as a result of the motorcycle accident. This includes:

• Emotional distress,
• Loss of enjoyment of life, and
• Pain and suffering.

Contact Our Las Vegas Motorcycle Accident Lawyers Today

A motorcycle accident victim is entitled to file a lawsuit against the negligent party to seek damages. At West Coast Trial Lawyers, our knowledgeable Las Vegas legal team is readily available to guide you through the legal process. We are here to provide care and guidance every step of the way while also fighting on your behalf to get you maximum compensation.

To schedule a free consultation with an experienced motorcycle accident lawyer, you can get in touch with us by calling (702) 800-2934 or completing our quick online contact form.