Bicycle Accident Lawyers in Las Vegas
Hitting the road on a bicycle is an exciting endeavor for many people. You can enjoy the sights of Las Vegas without sitting inside a steel box, and in a city with so many tourists and commuters, bikes also offer an easy way to commute. Unfortunately, this mode of transportation also creates significant risks for cyclists. A single act of negligence on the part of a passenger vehicle driver can change the life of a rider forever. In such situations, victims have an uphill battle ahead of them. If you or a loved one have been injured in such a collision, a bicycle accident lawyer in Las Vegas may be able to help.
At Bernstein & Poisson, we have seen many people suffer serious injuries while riding their bikes on Nevada streets. These individuals could be doing everything right and still experience a collision due to the actions of others. Bicycle accident injuries are often severe, and victims are frequently left to deal with lost wages, expensive medical bills, ongoing therapeutic needs, and a variety of other unfair difficulties. Fortunately, you don’t have to deal with these burdens on your own. Our legal team offers free case evaluations and works on a contingency-fee basis — so if we don’t recover compensation on your behalf, you don’t pay a dime.
When Are Bicycle Accident Victims Entitled to Compensation?
All bicycle accident cases are different. There are instances where a liable party may be forced to pay a massive settlement. There are also times when bike accident victims may be entitled to no recovery at all. In order to tell the difference between such situations, it’s necessary to identify whether there’s a liable party involved. If someone flips over their bike and suffers serious injuries simply because they were going too fast, it’s hard to envision a scenario where another party would be responsible (although this is far from impossible). Essentially, proving liability comes down to three elements:
- Duty of care: Did another party have a duty of care? This term refers to a responsibility a person has to avoid dangerous acts. For instance, motor vehicle drivers have a duty to avoid illegal road maneuvers that could put others in danger.
- Violation of duty: Did someone violate their duty of care? Such a violation must be proven if a victim is to receive compensation for their bike accident injuries. A violation could include speeding, failure to yield, driving in a bike lane, and other improper acts.
- Injury causation: A party’s violation of duty must result in injuries or damages in order for a personal injury claim to be successful. Did you break a bone when a car hit you? Did your child suffer emotional distress upon witnessing a collision? You may have a case.
While understanding these elements is a good start, it’s important to remember that Nevada law is complex. The Las Vegas bicycle accident attorneys at Bernstein & Poisson have seen seemingly straightforward cases turn into complex matters. You have to keep in mind that the defendant’s insurance company will try everything in its power to pay you as little as possible. That means you could end up dealing with unfair settlement negotiations, and this often results in bicycle accident lawsuits being filed. No matter what you’re up against, however, our law firm is ready to help. Contact us today to schedule a free consultation.
How Dangerous Is a Bike Accident in Las Vegas?
Bicycle accidents can happen anywhere. Unfortunately, they’ve long been a major problem for the people of Las Vegas. A single accident in 2020 resulted in five cyclist deaths due to an intoxicated driver. While such tragic bike accidents might make national news when they occur, they belie the fact that the issues our city faces involve far more than just periodic tragedies. In a recent year, Las Vegas was ranked as the third most dangerous city for cyclists in America. In 2019, over one-quarter of all traffic fatalities in our state involved cyclists or pedestrians. And in 2020, the number of cyclist fatalities in Nevada nearly doubled from the previous year.
Activists have long pushed for new bicycle laws that could protect cyclists. One such law successfully required motorists to surrender more space to bicyclists. Another change to existing law that activists are pushing for would create presumed liability on the part of a motorist involved in a bicycle accident. Of course, even the implementation of the most strict statutes would come too late for some. In fact, we could have the best laws on the books and still see serious bike accidents. A negligent driver inside a motor vehicle will always be a danger to cyclists. If you’re hurt by one of these individuals, contact us today for help.
What Are Common Causes of Bicycle Accidents?
Understanding the most common causes of bicycle accidents is important. These causes showcase just how often negligent parties are the cause of serious injuries. Failure to abide by traffic laws creates major risks for everyone on the road, but for a cyclist who likely only has a helmet for protection, outcomes are often tragic. If you or a loved one have been hurt in such an accident, there’s a good chance that one of the following causes is to blame:
- Unsafe lane changes
- Failing to yield the right of way
- Distracted driving
- Not leaving enough buffer space
- Failure to stop
- Roadway in disrepair
- Rider error
- Weaving in and out of traffic
- Open car doors
All of these situations are unsafe. Of course, there are instances where the cyclist themselves could cause a collision. Responding police officers will often try to make a determination of liability right at the accident scene. Even if they say you’re at fault, however, you should still reach out to a bicycle accident lawyer in Las Vegas. Officers may not know all the facts, and they don’t always have a solid understanding of the law. Your best bet after suffering serious injuries may be to reach out to a legal professional. Don’t miss your chance to potentially recover damages for your losses.
What Common Injuries Are Suffered in a Bicycle Crash?
Your bicycle accident claim may result in substantial compensation. In fact, this is what happens in many such cases. However, this isn’t because a bike crash is automatically presumed to be worth more than other incidents. In fact, someone who suffers an injury behind the wheel of a truck could easily secure a higher court award than a bicycle accident victim in some cases. The real reason claims involving bicycle accidents so often result in substantial compensation is that the injuries suffered are typically extreme in nature. If you’re involved in a bike crash, there’s a good chance you may suffer one of the following:
- Head and brain injuries
- Broken bones
- Spinal cord and back injuries
- Lacerations and road rash
- Organ damage and other internal injuries
- Lost limbs
- Disabling permanent injuries
- Burns and disfiguration
- Neck injuries
The simple fact is that cyclists have very little protection while they’re on the road. Even being involved in a collision that has no motor vehicles present — such as those caused by unrepaired potholes — can lead to catastrophic and life-altering injuries. For many bicycle accident victims, this results in years of treatment, expensive medical bills, and the end of life as they know it. Regardless of how severe your injuries are, however, you may be entitled to compensation for your losses. And since we work on a contingency-fee basis at Bernstein & Poisson, you can seek financial recovery without risking a dime.
Does Nevada Law Have a Deadline for Personal Injury Claims?
After suffering injuries in a bicycle accident, you may be unsure of how to proceed. This is completely normal, but it’s important that you don’t procrastinate in taking action. That’s because Nevada has a two-year statute of limitations for filing a personal injury claim after an incident. Failure to meet this deadline could remove your right to seek compensation from liable parties. If this happens, an insurance company will have little motivation to offer a fair settlement. After all, it’s not as if you’ll be able to take them to court once the statute of limitations has expired.
There are some nuances to these rules. For instance, what happens if you visit a hospital after sustaining injuries in a bicycle accident and become the victim of negligent medical care? Perhaps you suffered an avoidable permanent disability because a physician did not run the right test. For medical malpractice claims, you’ll have one year from the injury’s discovery to file a lawsuit. Even this rule has some exceptions since — if the medical mistake is not immediately apparent — you can still file a claim within three years of the negligent event.
In many states, a wrongful death claim has a different statute of limitations from personal injury cases. This is not the case in Nevada. This means that — unless injuries were suffered or worsened by medical negligence — you’d typically have two years to file a lawsuit after a bike accident in Nevada. However, do not take this as an excuse to procrastinate after your injury or the loss of a loved one. These cases become more difficult to prove as more time passes, so reach out to a bicycle accident attorney in Las Vegas as soon as possible.
What if I’m At Fault for My Own Injuries?
One of the main reasons people fail to secure fair compensation is that they never seek it. Why would someone do this after suffering serious injuries in a bike accident? In many instances, it’s because they think their own liability nullifies their right to financial recovery. In some instances, this could be true. However, Nevada practices modified comparative negligence. This means that injury victims can recover compensation for their injuries even if they share some of the blame. Because of this legal doctrine, you may have a valid bicycle accident case even if you don’t know it.
Modified comparative negligence works by identifying the percentage of fault that each party shares. For instance, imagine that someone suffers a head injury after a collision with a distracted driver — but perhaps their injury was worsened because they weren’t wearing a helmet. A jury may decide that the cyclist was 10% at fault for their injury, but the motorist was 90% at fault. In such a situation, the victim would still be eligible to receive 90% of the award handed down by the courts. Because of this, you should never make any assumptions. Talk to our Las Vegas bicycle accident lawyers before making any major decisions.
Do You Need a Las Vegas Personal Injury Attorney?
Many people question whether they need an attorney experienced in personal injury law to handle their bicycle accident case. Since Nevada has no requirement to seek legal counsel, it’s perfectly acceptable to enter settlement negotiations or file a lawsuit without first speaking with a law firm. However, this approach can prove disastrous for a variety of reasons. Most importantly, insurance adjusters will likely try to take advantage of your inexperience. By simply nudging the conversation in a particular direction, they can get you to unknowingly admit some level of fault that could reduce or eliminate the compensation you’re entitled to.
Additionally, you may never know whether you’re being offered a fair settlement if you don’t have an experienced bicycle accident attorney on your side. An offer from the insurance company may seem fair on the surface, but does it take into account future medical care? What about time you might need off work? There’s also a very good chance they won’t offer compensation for damages related to pain and suffering, emotional distress, and loss of enjoyment in life. And if your case ends up going to court, you’ll be up against skilled insurance company lawyers even if you choose to represent yourself.
These reasons — and many more — explain why injury victims with attorneys typically secure higher settlements and court awards. Experience is going to matter in your case, and that’s exactly what we offer our bicycle accident clients at Bernstein & Poisson. Reach out to us today to learn how we can help.
Contact Bicycle Accident Lawyers in Las Vegas Today
Being hurt in any type of mishap can be disheartening and create significant burdens. If you’re involved in a bicycle accident, though, these burdens are likely to be extensive. Las Vegas has long been known as a dangerous city for cyclists, and even as activists and some legislators try to alter this, it doesn’t change the serious outcome of a bike accident. If you or a loved one has suffered injuries in such a case, it’s important to act quickly. Once you seek medical attention, your next call should be to a Las Vegas personal injury attorney. Failing to take action in a timely manner could leave you on the hook for all your losses.At Bernstein & Poisson, our legal team of professionals has spent years serving the people of Nevada. Our attorneys have over 60 years of combined experience, and they have worked locally for four decades. Whether you’ve suffered minor injuries or life-altering harm, we’re ready to help you better understand your case and what compensation you may be entitled to. Contact us today by calling (702) 707-5934 to schedule a free consultation. You have nothing to lose by reaching out. Our bicycle accident lawyers in Las Vegas will work tirelessly to advocate for justice on your behalf.
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“After being in an accident my friend told me to call Bernstein and Poisson. A lawyer named Brian came to my home to meet with me and started my claim immediately. The legal team was extremely efficient, responded back to me quickly, listened to my concerns, and handled everything with speed and accuracy. Every step of the way was communicated. I received my settlement in 10 months’ time. I highly recommend using Berstein and Poisson. Thank you for helping get my life back on track.”
I Was Injured In An Accident.
What Do I Do Now?
By Scott L. Poisson
Do I Have A Case?
Dealing With The Insurance Company
When a Lawsuit Is Filed
Overcoming Common Defense Themes
Special Considerations in Specific Types of Cases