Motorcycle accidents often result in serious injuries that may have lasting impacts on a victim’s life. These victims might not be able to continue working or may need to change their line of work due to their injuries.
Some may also face mounting debt due to medical bills and the ongoing treatment needed to recover. In addition to these economic expenses, motorcycle accident victims may also be left with physical pain and emotional suffering, which should be compensated.
If you or a loved one were injured in one of these collisions, our licensed Las Vegas motorcycle accident lawyers are prepared to help you recover the maximum compensation for your damages. Founding partners Jack Bernstein and Scott Poisson are personally involved in every case taken on by our firm to help injury victims pursue the best possible outcome. They have more than 60 years’ combined experienced, and our firm has obtained more than $100 million in compensation on behalf of our clients.
There are no upfront fees or obligations, and our attorneys do not get paid for representing you unless you get paid.
Do I Have a Valid Case for Compensation?
Determining whether you have a case for compensation is a complex task that should be done in consultation with an experienced attorney. Your lawyer needs to determine whether another’s negligence caused an accident that directly resulted in your injuries. In other words, did this person owe you a duty of care? If so, did he or she fail to uphold that duty, resulting in damages to you?
The facts of every case may differ, but there are some similarities. For example, you may have a valid case if another driver engaged in any of the following forms of negligence:
- Driving recklessly
- Failing to obey traffic laws
- Driving under the influence of alcohol or drugs
- Driving while distracted (texting/on the phone)
- Road rage
- Drowsy driving
- Failing to adjust for the weather
Some evidence that can be useful in proving negligence includes:
- Surveillance footage
- Other video footage
- Witness statements
- Statements from the involved parties
- Medical records
- Police reports
- Other official documents
Our attorneys have vast experience gathering evidence to build a case against another driver. are prepared to help you establish the validity of your claim during a free consultation to discuss your legal options.
If you are unsure if you have a case, or you have questions about the benefits of hiring a lawyer, give us a call. Despite what insurance companies tell victims, attorneys are focused on the best interests of victims.
Why Should I Hire an Attorney?
Injuries from motorcycle accidents are often serious and require extensive medical treatment, which make it difficult to pursue compensation on your own. Gathering the necessary evidence to prove the at-fault party acted negligently may also be difficult.
That is why having someone fighting for your rights and your best interests may be beneficial. By hiring a lawyer, you can focus on your recovery and dealing with the other ways the crash has disrupted your life.
Our motorcycle accident lawyers are prepared to fight for the compensation you need for medical bills, lost wages, pain and suffering, and more. If you choose to hire us, we do not charge you anything up front and there are not fees unless we secure compensation on your behalf.
At Bernstein & Poisson, we have recovered tens of millions of dollars on behalf of our injured clients in the Las Vegas area. We are prepared to work hard to investigate your accident and build a case we believe can win.
We are here to answer your questions, explain how you can protect the value of your claim, and keep you updated on the status of your claim. While most cases settle, we are prepared to go to court, as our goal is recovering maximum compensation for your damages.
It is never too soon to contact a lawyer after a motorcycle crash. The sooner you contact an attorney, the sooner we can begin safeguarding your rights and protecting your claim. Even a minor accident can cause a major disruption to your life and recovering full compensation can be a big part of moving forward.
How Much is a Motorcycle Accident Case Worth?
Compensation for a motorcycle accident depends on the type and severity of your damages. This means that if you suffered serious injuries that require extensive treatment, your medical damages are likely to be high, which would drive up the value of your case.
Every case is different, so it is difficult to determine how much your claim may be worth before speaking to one of our licensed attorneys. However, it is important to note that you may be eligible to recover both economic and non-economic damages, such as:
- Ambulatory services
- Hospital/medical center stays
- Diagnostic testing (X-rays, MRIs, etc.)
- Physical therapy treatments
- In-home care
- Medical devices (crutches, wheelchair, etc.)
- Motorcycle repair/replacement costs
- Lost wages
- Lost earning capacity
- Loss of consortium
- Pain and suffering
- And more
The amount of medical care you require, how much time you miss at work and the cost of repairs to your personal property are all factors in the value of a case.
Many cases include non-economic damages that are difficult to calculate without an attorney’s help. That is why it is vital to hire an experienced lawyer who has done this many times before and has a proven record of success. Our goal is to help you recover compensation to help put you back in the position you were in before the crash.
Who May Be Liable for my Damages?
There are several individuals, or entities, who may be liable for your damages after a motorcycle accident. The most common liable party is another driver, who may have liability insurance to cover the cost of your damages.
In addition to negligent drivers, and depending on the facts of your case, you may be able to pursue compensation from a business, manufacturer or government entity.
It is important that you discuss your case with one of our knowledgeable attorneys who may be able to help you determine who all the liable parties in your case may be, as you might be able to recover compensation from all of them, especially if there is more than one negligent driver and your damages exceed the liability limits of one of those parties.
Can I File a Claim if I Was Not Wearing a Helmet?
In Nevada, all motorcyclists and passengers are required to wear a helmet, and those helmets must adhere to the safety standards set by the U.S. Department of Transportation. This is a stricter law than many other states, which often require helmets for riders under the age of 18 or 21.
Therefore, if you are caught not wearing a helmet while on a motorcycle, you may be ticketed. If an accident occurs and you are found to have not been wearing a helmet at the time of the crash, the insurance company is likely going to try and use this to either deny or devalue your claim.
However, is important to note that you may still be able to recover compensation if you were not wearing a helmet thanks to Nevada’s comparative negligence law. The law states that injury victims who are assigned less than 50 percent of fault for their injuries may recover a reduced compensation award. The award will be reduced by the percentage of fault assigned to the victim. For example, if you are assigned 10 percent of fault and your damages are worth $100,000, you would still be able to recover $90,000, if your claim is successful.
Can Motorcycle Passengers Seek Compensation?
Injured motorcycle passengers may also seek compensation for their damages. As a passenger, you may have multiple avenues for seeking compensation. Whether another driver on the road or the driver of the motorcycle you were on were responsible for the crash, you may be able to file a claim through the at-fault driver’s liability insurance.
If the driver of the motorcycle you were on was responsible for the crash, you may have second thoughts about filing a claim against this person if it is a friend or relative, but it is important to note that when you file a claim for compensation, you are dealing with the insurance company and not your friend or loved one.
Claims for No-Contact Crashes
A no-contact motorcycle accident occurs when a motorcyclist loses control of his or her bike and crashes, but there is no collision with another vehicle. While you may be able to recover compensation from a liable party if you can prove someone else’s actions caused you to crash, despite there not being any contact, it may be a difficult task. A thorough investigation may be needed, which often takes resources most injury victims may not have access to. Therefore, it would be in your best interest to speak to one of our experienced attorneys about filing a claim.
How Long Will the Case Take to be Resolved?
The time it takes to resolve a case may vary depending on several factors, including whether you reach a settlement agreement with the insurance company or if you file a lawsuit.
In some cases where liability is clear, the insurance company may choose to negotiate right away and offer to settle the claim out of court to avoid costly legal fees. However, other times when fault for the accident is not clear, the liable insurance company might try to delay negotiations and you may be forced to file a lawsuit.
Even if liability is clear, the insurance company may fight hard to avoid settling. When this happens, having an experienced attorney can help get the insurance company to make a better offer. With a lawyer on board, particularly an experienced attorney like those at Bernstein & Poisson, the insurance company knows the case might be taken to court.
Will I Have to go to Court?
Many injury claims are resolved outside of court, but you should still hire an attorney who is prepared for the courtroom.
That said, even if a lawsuit is filed, the case may never see the inside of a courtroom. Negotiations do not stop after a lawsuit is filed. In fact, the insurance company may be more likely to offer a higher settlement amount after you file suit.
Overall, the chances of having to go to court may be slim, but it is important to be prepared, and that is something our attorneys have decades of experience doing.
How Long Do I Have to File a Lawsuit?
In Nevada, you generally have two years from the time of the accident to file a personal injury lawsuit against the responsible parties. This also applies to wrongful death lawsuits in situations where you lose a loved one to a motorcycle accident.
The statute of limitations may be affected by certain circumstances. It is possible that you fit into an exception to this statute, but it is best not to wait. Investigating a claim, filing the necessary paperwork and negotiating with the liable insurance company takes time.
What Should You do After a Motorcycle Crash?
In the moments immediately following a motorcycle accident, consider taking these steps to protect your health and your rights.
Get Medical Care
Before anything else, get the medical care you and your loved ones need. Once you are safe, take the following steps.
Report the Accident
Report what happened to the police, who can then create a crash report. This will document the accident and can later be used as evidence in a civil case.
Collect Your Own Evidence
Take pictures, record videos, and collect information that may be useful. Take pictures of your injuries, the crash site, property damage and gather insurance and contact information for everyone involved. You never know what might later prove relevant in establishing fault in your pursuit of compensation.
Do Not Accept Money at the Scene
If you take money at the scene of the accident, this can make it more difficult for you to recover compensation later on through a civil lawsuit. It is best to not accept money right after a motorcycle accident.
Do Not Make Statements
Refrain from making statements at the scene to witnesses or the other parties involved. You could say something that sounds like an admission of fault or something that sounds like it exaggerates or minimizes the extent of your injuries. These statements can later be used against you in your pursuit of compensation.
If the insurance company calls, you can keep the conversation brief or simply refer them to your lawyer. At Bernstein & Poisson, we deal with insurance companies on behalf of our clients. Take the time to find the right lawyer and law firm for you, and make sure their values align with yours so that you can trust them to advocate for you.
Call Our Las Vegas Motorcycle Accident Lawyers Today
If you or someone you love suffered an injury after a motorcycle accident, you may be dealing with medical bills, lost income, and the mental and emotional stress that comes along with it. You do not need to suffer alone. Reach out to our Las Vegas-based motorcycle accident lawyers today to discuss your claim during a free consultation.
There are no upfront fees and we do not charge you anything unless we successfully recover compensation on your behalf. Let us fight for your rights with no risk to you.
At Bernstein & Poisson, we care about our clients and work hard toward pursuing the compensation they need. Since 2007 our attorneys have secured tens of millions of dollars on behalf of our clients throughout the Las Vegas area.