Las Vegas Bicycle Accident Lawyer
Bike accidents can put cyclists at a significant risk of sustaining moderate to life threatening injuries due to the lack of protection they have against motor vehicles. Although efforts have been incorporated into providing a safe environment for bike riders to travel in, bicycle accidents are still occurring due to factors associated with negligence and poor road conditions.
Personal injury victims are entitled to sue the liable party to recover damages. At West Coast Trial Lawyers, our highly skilled Las Vegas legal team will fight tirelessly to ensure your rights are protected and that you get the compensation you deserve for your losses.
We run on a contingency-fee basis, meaning that you owe us nothing until we settle your case. To schedule a free consultation with an experienced bicycle accident attorney, we welcome you to reach out to us by calling (213) 927-3700 or filling out our quick online contact form.
Under Nevada’s bicycle laws, cyclists are required to ride on the right side of the road unless they are attempting to make a left turn or are trying to keep a steady pace with other vehicles. They must also comply with traffic laws, and are recommended to use bike hand signals to communicate their next move with motorists.
To maintain a safe riding distance, bike riders must be within three feet away from parked cars and should avoid following other vehicles too closely. Before going out for a ride, a maintenance check should be performed to ensure the two-wheeler is functional and reliable to use. While inspecting, be sure that it has:
- A brake system installed to allow the wheels to skid on dry, level, clean pavement,
- A white lamp placed on the front that is visible from at least 500 feet away, and
- A red tail reflector that is noticeable from 50 to 300 feet away (Nevada Revised Statutes 484B.783).
Complying with these regulations will allow you to safely navigate your way throughout the city.
Common Causes of a Las Vegas Bicycle Accident
A bicycle accident can be triggered by multiple factors. We encourage motorists and cyclists to learn about each of its common causes sectioned below to raise safety awareness and to take preventative measures against it.
Negligent Driver
A negligent driver can contribute to a bike accident by doing one or more of the following:
- Failing to yield,
- Speeding,
- Distracted driving,
- Drunk driving, and
- Impaired driving.
In such a case, the driver will need to remain at the scene and cooperate with the bicyclist. Failing to comply with this regulation will result in legal consequences. The driver may be charged with a misdemeanor, meaning that they will face up to six months in jail and/or up to a $1,000 fine.
However, if bodily injury or a fatality is involved, it will be considered a category B felony. The punishment will include 2 to 20 years of jail time and $2,000 to $5,000 fine (Nevada Revised Statutes 484E.010).
Bicyclist Error
Bicyclists are also capable of causing an accident by:
- Going against the flow of traffic,
- Making unsafe passes,and
- Riding while distracted or impaired.
It is encouraged for bike riders to remain alert of their surroundings and follow Las Vegas’s traffic laws to reduce the chances of causing a crash.
Road Hazards
Road hazards will put bicyclists at risk of getting into an accident since it can cause them to lose control and fall off of the bike. Particular factors that may cause this include:
- Potholes,
- Uneven pavement,
- Debris, and
- Slippery surfaces.
Bike riders will need to keep an eye out for these hazards by remaining alert at all times and riding cautiously throughout Las Vegas roads.
Poor Weather Conditions
Strong weather patterns can create unrideable pathways for bicyclists to occupy. Similar to road hazards, rainfall and ice will make it challenging to travel without losing control and crashing into an object nearby. To avoid getting into such a collision, you should remain at home or stay at a safe location until conditions improve.
Faulty Bicycle Parts
Bicycle parts that are nonfunctional or unresponsive can prevent a cyclist from riding safely around Las Vegas. It can reduce proper control of the bicycle, making it more likely for a crash to occur. In such a case, liability may fall on the manufacturer, distributor, or other entities involved in the chain of distribution.
Common Bicycle Accident Injuries
Common bicycle accident injuries that can happen after a cyclist is struck by a motor vehicle include:
- Broken bones,
- Traumatic brain injuries,
- Neck injuries, and
- Internal injuries.
Life threatening injuries are also a possibility if brute force is involved. Given the scenario, you would have to get immediate medical care, and may be transported to a hospital for further assistance.
What to Do After a Bicycle Accident in Las Vegas
If you occasionally ride a bicycle in Las Vegas, it is important to learn what to do after an accident to help ensure your safety and to enhance your chances of obtaining a favorable outcome. Below, we have sectioned off what vital steps you should consider taking.
Contact Law Enforcement
If any injuries and/or damages are present at the accident scene, you should contact law enforcement. Once they arrive at the crash site, they will conduct a police report. You can request a copy of the written document to use as proof in your bicycle accident claim.
Seek Medical Care
You should get examined by your doctor after the bicycle crash. They will evaluate your condition and provide a treatment plan that will help with your recovery. It is suggested that you get this done as soon as possible for two reasons:
- To maintain your symptoms.
- To prove that the bicycle accident caused you to sustain serious injuries.
All of your doctor visits, physical therapy sessions, prescriptions, and/or procedures will be saved on file and can be used as proof that you needed medical care to recover from bodily harm caused by the defendant.
Failing to do this in a timely manner can put your health at risk. It will also convince the opposing side to argue that your condition is not as serious as you claimed or how another factor could have triggered your injury.
Share Information with All Parties Involved
Be sure to share the following details with all parties involved in the bicycle accident:
- Name,
- Contact,
- Driver’s license,
- Insurance information, and
- Vehicle license plate number.
Collect Evidence
You should gather as much evidence as you can to build a well-constructed claim. Below are some factors that should be incorporated into a bicycle accident case:
- Photographs of your injury, damages, and the accident scene,
- CCTV footage,
- Witness statements,
- A copy of the police report, and
- A copy of your medical records pertaining to the bicycle accident.
Hire a Las Vegas Bicycle Accident Lawyer
Hiring a Las Vegas bicycle accident lawyer can help lessen the amount of stress associated with filing a personal injury claim. At West Coast Trial Lawyers, our expert legal team will handle all of the difficult tasks while you focus on recovering from any physical and emotional pain you endured as a result of the collision.
Who Is Liable in a Bicycle Accident in Las Vegas?
Determining liability in a bicycle accident in Las Vegas will require the injured victim to obtain evidence at the accident scene. Once that information has been gathered, it should be presented to a personal injury lawyer. They will assess the situation and determine who should hold accountability for the incident. Potential defendants may vary for each bike accident case.
Driver
Drivers who exhibit reckless behavior, like speeding or drunk driving, can cause a bicycle accident. Either their reaction time will be reduced or their thought process will be tampered with due to the effects of the substances consumed. The outcome will put both parties in a dangerous position, giving the injured victim the right to file a lawsuit against the negligent driver.
Bicyclist
If one bicycle crashes into another, it will be classified as a bike on bike accident. This can be triggered by:
- Riding against traffic,
- Distracted riding, and
- Traveling at excessive speeds.
Government Agency
If road conditions appear dangerous, the government agency in charge of monitoring and maintaining the property will need to resolve the matter within a reasonable time frame. Or, they will have to implement warning signs around the hazardous area to prevent bicyclists from entering.
Failing to fulfill either of these obligations can result in serious injuries, meaning that victims can sue to seek compensation.
Entities Involved in the Chain of Distribution
Manufacturers, distributors, and other entities involved in the chain of distribution must ensure they produce and sell a bicycle that is functional and safe to use. If they allow it to be sold with a design flaw or faulty part, it can possibly cause the bicyclist to lose control over the two-wheeler and crash into an object.
Wrongful Death in a Las Vegas Bicycle Accident
A wrongful death in a bicycle accident happens when a rider is harshly struck by an object, like vehicle or road hazard, and succumbs to severe injuries. If this was caused by someone else’s negligence, the decedent’s estate or surviving family can take legal action against them (Nevada Revised Statutes 41.085).
To prove wrongful death, you will need to show that:
- The defendant owed the victim a duty of care,
- The defendant breached their duty of care, and
- Their reckless behavior was the primary cause of the victim’s passing.
This can be a difficult process to undergo, but with the help of a Las Vegas bicycle accident attorney, you can build a strong claim against the liable party. Common types of damages you can obtain in a wrongful death lawsuit usually include the following:
- Healthcare expenses,
- Funeral and burial costs,
- Loss of financial support, and
- Emotional distress.
Available Damages in a Las Vegas Bicycle Accident
Damages available in a Las Vegas bicycle accident claim will vary for all plaintiffs due to the unique factors associated with each case. Typically, economic damages and non-economic damages are awarded.
Economic Damages
Economic damages are financial expenses you endured as a result of the bicycle accident, such as:
- Medical bills,
- Lost wages, and
- Property damage.
Non-Economic Damages
Non-economic damages are intangible losses that are not easily measured in monetary terms, like:
- Loss of enjoyment of life,
- Disfigurement or scarring, and
- Pain and suffering.
Our Las Vegas Bicycle Accident Lawyers Are Here to Help
Bicycle accident victims should hire a personal injury law firm, like West Coast Trial Lawyers, for assistance. Our knowledgeable Las Vegas bike accident attorneys will guide you every step of the way to ensure you have a high likelihood of obtaining fair compensation.
To schedule a free consultation, you can get in touch with us by calling (213) 927-3700 or completing our convenient online contact form. We are available 24/7 to answer phone calls and form submissions.