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How Negligence Is Established in a Motorcycle Accident?

November 22, 2022

How Negligence Is Established in a Motorcycle Accident? | Bernstein & Poisson

Negligence is established in a motorcycle accident by proving that someone owed the victim a certain degree of care and failed to provide it, resulting in a collision, injuries, and financial damages. This will involve presenting various types of evidence, such as:

  • The police report
  • Photos of the accident scene
  • Traffic camera footage
  • The injured party’s medical bills
  • The other party’s cell phone records
  • Witness testimony
  • Statements from an accident reconstruction specialist

Proof of Negligence Can Support a Case for Damagesa

Every motorcycle crash case involves evaluating each party’s actions and the events that led up to the incident. This allows law enforcement, insurance companies, and legal teams to determine if negligence played a role. Negligence means that a party did not uphold their duty of care, and their actions caused another person to get hurt.

Each time a driver heads out on the road, they assume a duty of care to other road users; they must follow all relevant traffic laws and safe driving practices to protect others on the road. When there is evidence of a driver’s failure to do so, motorcycle accident victims can use it to seek damages for their injuries.

The burden of proof rests on the injured party. When representing a client, our firm works to show how another party’s negligent actions caused the collision and how our client suffered injuries and financial losses as a result.

What Duties Do Other Drivers Have to Protect Motorcyclists?

Motorcyclists enjoy the same legal protections on the road as any other person. Drivers must take appropriate caution and follow the necessary road rules to avoid placing motorcyclists at a higher risk of harm. Examples of negligence our team can look for when investigating your case include:

  • Speeding
  • Failing to yield
  • Not stopping at a red light or stop sign
  • Driving while drunk or high
  • Using a cell phone while behind the wheel

If there is evidence of these or similar violations, it can form the core of any claim or lawsuit centering around negligence.

Proving Negligence Is Crucial to Your Financial Recovery

Identifying and proving negligence in a motorcycle accident is essential because Nevada operates under comparative negligence laws, per NRS §41.141. If the victim was more than 50% responsible for an accident, they cannot pursue the cost of their damages.

The other party in your motorcycle accident case may try to argue that you were the negligent one, and they should not have to pay for your losses. This makes determining negligence vital to the success of your personal injury case.

You Have a Limited Time to Prove Negligence

You can take as much time as you need to heal from your injuries. You do not, however, have an unlimited amount of time to prove negligence.

If you wish to take legal action through a civil lawsuit, your case will be subject to Nevada’s statute of limitations. Per NRS §11.190(4)(e), you typically have two years from the date of your accident to file a lawsuit.

Some exceptions may extend, or toll, this deadline. However, if you fail to take appropriate action within this time period, you could lose the right to pursue damages.

How Could an Attorney Help Demonstrate Negligence In a Motorcycle Accident Case?

A lawyer from our firm may be able to gather the necessary evidence to prove how another party caused your accident and injuries. As part of our services, our team will also:

  • Perform an investigation into the crash
  • Evaluate how the incident has impacted your life
  • Calculate your damages
  • Consult with field experts
  • Communicate on your behalf
  • Demand proper payments in and out of court
  • Explain how the statute of limitations could affect your case

The outcome of a motorcycle accident case can affect your immediate future and long-term finances. Let an attorney from our firm take the lead in proving that another motorist’s negligence caused the crash.

Let an Attorney at Bernstein & Poisson Help You Prove Negligence

Our team is prepared to take the lead in protecting your legal rights. We can explain how negligence is established in motorcycle accidents and advocate for your financial recovery. Reach out to us today at (702) 707-5934 for your free consultation.

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