If you or a loved one was injured in a motorcycle accident, you may be entitled to compensation to help cover your medical bills, lost wages, lost earning capacity, and past and future pain and suffering. Motorcycle accidents can leave the victims with serious injuries. These injuries can disrupt or permanently alter a person’s life.
Some motorcycle accident victims will not be able to continue working or may need to change their line of work to accommodate their disabilities. Some may face mounting debt in the face of medical bills and the ongoing healthcare they need to heal. These expenses are often accompanied by mental and emotional pain.
The strain an accident can put on your health and happiness deserves compensation, and the motorcycle accident lawyers at Bernstein & Poisson want to help you achieve this. Call today at (702) 633-3333 to receive your free initial consultation and to learn more about how our firm will fight for you.
Is It Worth Hiring a Motorcycle Accident Lawyer?
A motorcycle accident lawyer will fight for compensation for your medical bills, lost wages, and pain and suffering. If they took your case on a contingency-fee-basis, they will not charge you anything unless or until they secure compensation on your behalf. Given this, it may be worth it to you to seek out a personal injury lawyer to represent your interests in a motorcycle accident claim.
Your motorcycle accident lawyer will be able to give you a better idea of the amount of money you can expect to recover through a lawsuit. In some instances, this can be a large sum that can ease the burden caused by your injuries.
At Bernstein & Poisson, we have recovered hundreds of millions of dollars on behalf of our injured clients in the Las Vegas area. We work hard to investigate your accident and build a case we believe can win.
Give us a call today at (702) 633-3333 to learn more about our services, so you can decide if a motorcycle accident lawyer from our firm is worth it to you.
Should I Hire a Motorcycle Accident Lawyer for a Minor Accident?
Even minor accidents can cause major disruptions to your life. You may not realize in the hours and days after an accident the extent of your injuries or the impact they can have on your health and happiness. If you hire a motorcycle accident lawyer before you develop long-term issues, you can have someone advocating for you, advising you, and protecting your rights from the moment you get hurt.
Injuries that Can Develop After an Accident
Some injuries may seem minor immediately after an accident but worsen with time. Internal injuries may not be immediately obvious, only to worsen over the following days and require medical intervention, such as surgery. Broken bones may fail to heal as expected, and sprains and strains may become chronically painful back and neck conditions.
What to Do After Minor Motorcycle Accidents
Even if you believe the accident was only minor, you should still take the precautions that you would take after a more serious crash in case things worsen. Get seen by a medical professional who can treat your injuries and examine you for anything you may have missed. This kind of preemptive medical care can catch complications before it becomes too late.
By speaking with a lawyer after a minor accident, you are protecting your rights in the event your losses are worse than you had initially thought. The sooner you retain a motorcycle accident attorney, the sooner they can get started advising you.
What Is the Average Settlement for a Motorcycle Accident?
The average settlement for a motorcycle accident depends on the type and severity of the injuries you sustained in the crash, as well as the responsibility to bear for causing the accident.
How Your Injuries Affect Your Motorcycle Accident Settlement
If you sustain serious injuries in your motorcycle accident, you may be entitled to a larger settlement than if you had only minor injuries. The more financial loss you can prove, the more you may be owed in damages. Additionally, the more severe your injuries, the more severe your pain and suffering and loss of enjoyment of life may be.
It is up to your attorney to prove the extent and impact of your injuries when negotiating on your behalf before the court. This is why it is important to find a lawyer you can trust to represent you with your best interests in mind.
How Your Responsibility for the Accident Affects Your Motorcycle Accident Settlement
If you are partially to blame for the accident, that does not preclude you from recovering damages in Nevada. However, it may affect the amount of your settlement. This is because of something called a modified comparative negligence law per NRS §41.141.
If you are partially responsible, the amount of compensation you can recover may be modified to reflect your role in the accident. A personal injury lawyer who has evaluated your case can give you a better idea of how these circumstances may affect the amount of your settlement. Contact Bernstein & Poisson today at (702) 633-3333 to receive your free case evaluation and to learn how this information applies to you.
What Damages Can I Collect for a Motorcycle Accident?
There are two main types of compensatory damages you can collect after a motorcycle accident leaves you injured: economic damages and non-economic damages.
Economic Damages in Motorcycle Accidents
According to NRS §41A.007, economic damages are meant to cover your “medical treatment, care or custody, loss of earnings, and loss of earning capacity.” This means both your past and future medical expenses are included under this category.
Non-Economic Damages in Motorcycle Accidents
According to NRS §41A.011, non-economic damages are meant to cover your “pain, suffering, inconvenience, physical impairment, disfigurement, and other non-pecuniary damages.” These nonfinancial losses can be just as devastating for you and your family.
You may struggle to go about your day-to-day life or do the hobbies and activities you once enjoyed. Happy moments may be marred by pain, and you may suffer life-long mental and emotional consequences due to your injuries. With the help of a motorcycle accident lawyer, you can recover damages that acknowledge the impact the accident had on your life outside of your finances.
Can I Sue Someone Personally After a Motorcycle Accident?
After a motorcycle accident, you sue someone personally for their negligent actions, not their insurance company. Ultimately, their insurance company is the one responsible for paying you the amount you are owed, but you do not file a lawsuit against the company. Due to the contract they have with the insured driver, they take on the financial consequences caused by the driver’s negligence.
How to File Suit Against Someone Personally After a Motorcycle Accident
In order to file a lawsuit against someone personally after a motorcycle accident, you will need to get their contact information and insurance information. You can file a claim against their insurance, but you can also file a suit against the negligent driver if their insurance company will not pay you the amount you are owed.
Insurance adjusters do not work for you or for the insured driver—they work for the insurance company. Because of this, they want to keep their expenses and the amount they pay out to you as low as possible. A motorcycle accident lawyer from Bernstein & Poisson will negotiate with the insurance company so that you will not have to.
They will take on the company to fight for the amount you are owed and will even take the case to trial if that is necessary. To learn more about Bernstein & Poisson’s courtroom experience in motorcycle accident cases, call (702) 633-3333 today.
Will My Motorcycle Accident Lawyer Deal with the Insurance Companies for Me?
Yes, your motorcycle accident lawyer will deal with the insurance company on your behalf. They will take on the task of presenting evidence of the accident and your injuries to the adjustors, and will negotiate with them to secure the compensation you deserve.
When you are recovering from a serious injury after a motorcycle accident, you should be focused on your health and well-being, not on arguing with an insurance company. Injuries and their aftershocks can be stressful. For the sake of your recovery, you should be putting your energy into getting better surrounded by the people you love.
Let a motorcycle accident lawyer deal with the insurance companies for you. 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.
How Long Does a Motorcycle Accident Claim Take to Settle?
The amount of time it takes to settle your motorcycle accident claim depends on a variety of factors, including:
- The extent and nature of your injuries
- The evidence that needs to be collected and presented
- The willingness of the insurance company to negotiate
However, no matter how long it takes to settle your claim, that will not affect your lawyer’s bill if they took your case on a contingent fee basis.
How Your Injuries Impact the Timeline of Your Case
Your injuries may prevent you from pursuing compensation in a certain time frame. Sometimes injuries can be incapacitating for days, weeks, or even years. Once you are able to pursue compensation with the help of your lawyer, you will be able to get a better understanding of the timetable on which your case will proceed.
Additionally, if your injuries are evolving, this may impact your case. Sometimes chronic conditions related to your injuries do not develop or become apparent until further down the line in the process. Adjustments may need to be made to account for these changes, altering the timeline of the case.
How Investigation Can Impact the Timeline of Your Case
Your lawyer may need to investigate to find proof of the at-fault parties’ negligence. This investigation may be simple and quick, but it also may take time. Your lawyer wants to achieve the best possible outcome on your behalf, so they will want to investigate thoroughly enough to build a strong case.
However, your lawyer also works for you. So, if you have any questions or concerns about the timeline of your case, your Bernstein & Poisson motorcycle accident lawyer will be open to communicating with you about the progression of the investigation and lawsuit.
Reach out to (702) 633-3333 today to learn more about how we investigate and build a personal injury case on behalf of our clients.
How an Insurance Company Can Impact the Timeline of Your Case
Finally, the insurance company’s willingness to negotiate makes a difference in how quickly you can receive compensation for your injuries. Sometimes, settlements can be reached fairly quickly without going to trial.
Other times, the insurance companies hold out, and the case is resolved with a verdict. The speed at which the trial process moves can vary, so communicate with your lawyer about what you can expect in your case.
Do You Have to Go to Court for a Motorcycle Accident?
You are not required to go to court for a motorcycle accident. In fact, many personal injury cases settle before they have a chance to go to court or before a verdict is rendered. Your motorcycle accident lawyer can give you a better idea of the potential timeline of your case once they complete a case evaluation.
Settling Outside of Court for a Motorcycle Accident
Many personal injury cases are resolved through settlements. These are outside of court negotiations where both sides agree to terms. Your lawyer will use the case they have built to negotiate for more favorable compensation for you. If the insurance company agrees to pay the amount you are owed, then, with your permission, your lawyer will settle your case without going to court.
Other times, settlements are reached once a court case has begun. Trials can put pressure on the insurance companies to reach a settlement to which they may not have been willing to agree previously.
Verdicts in Court for a Motorcycle Accident
If the insurance company will not settle before a verdict can be rendered, then it is up to a judge or jury. They will listen to the arguments and evidence from both sides and decide on what damages to award you. These damages may cover your medical bills, lost wages, lost earning capacity, and past and future pain and suffering.
While it is not required that you go to court, if your motorcycle accident lawyer is willing to take a case to trial, it shows the insurance company that you mean business. Look into a law firm’s courtroom experience and past verdicts to get a better idea of their willingness to follow cases through to the end.
What Happens if the At-Fault Party Doesn’t Have Insurance?
If the at-fault party does not have insurance, you can still file suit against them for their negligent actions. You will not be able to file an insurance claim to recover damages unless you have uninsured motorist coverage on your own insurance to protect you in these instances.
However, these are not your only options. Your motorcycle accident lawyer can also investigate other potentially liable parties against which to file suit. Sometimes there are at-fault parties beyond the driver who hit you.
This is why a motorcycle accident lawyer can be helpful in getting you the compensation you need. They will investigate the case to the best extent they can, uncovering who was responsible for the accident and holding all at-fault parties accountable, not just the other driver.
Who Can Be Sued in a Motorcycle Accident Case?
The negligent parties whose actions or inactions contributed to the motorcycle accident can be sued in a motorcycle accident. This includes the other drivers involved, as well as other negligent parties such as businesses or the government.
Suing Private Individuals
You can sue a private individual if their negligence caused your injuries. You do not file suit against their insurance company. Instead, you file against them, and their insurance company takes on the burden of paying you what you are owed.
In order to successfully sue a private individual, you will need to show that:
- They owed you a duty of care while on the road
- They failed to meet that duty due to their negligence
- This failure caused your injuries
With the help of your lawyer, you can lay out this case in order to secure compensation for your losses.
Suing Private Businesses
In addition to suing a private individual or individuals, you may also be able to sue a business. The car dealership or mechanics may have put vehicles on the road with faulty equipment or poor maintenance that caused your accident.
The car manufacturer may have created vehicles or parts of vehicles whose faults led to your injuries. In these circumstances, you can hold the manufacturer accountable for this negligence through a personal injury lawsuit.
Suing the Government
You can potentially sue the government, its specific agencies, or its workers—if they had a hand in your accident. This applies to situations where you are hit by a government vehicle, as well as instances where inadequate road maintenance (no signs, poor or no lighting, damaged roads, etc.) caused your accident.
Although the government cannot always be sued in a civil case, according to NRS §41.031, Nevada has waived its sovereign immunity in certain circumstances. In order to take advantage of this waiver, you may need to submit a notice of your intent to file suit within a limited time period. Your motorcycle accident lawyer will be able to do this on your behalf and explain the process of filing suit against the government.
What Should I Do in the Days Following a Motorcycle Accident?
In the days following a motorcycle accident, you should prioritize your health as well as your rights. Here are some tips on safeguarding both of these after an accident.
Get Follow-Up Medical Care
Make sure that you get medical care even after you are initially treated for your injuries. Complications may arise, or you may need to see specialists to get the treatment you need.
Take It Easy
Rest and take care of your health. If you are unable to return to work due to your injuries, do not try to go anyway. You could end up worsening your injuries and making a bad situation even worse.
Learn Your Options
Take the time to learn your options for pursuing compensation. You may be able to file an insurance claim, or you may want to file a personal injury lawsuit against the negligent parties. A motorcycle accident lawyer can evaluate your case and offer advice on the best path for you.
What Should I Do at the Scene of a Motorcycle Accident?
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. You never know what might later prove relevant in establishing fault in your pursuit of compensation.
Consider a Motorcycle Accident Lawyer
A motorcycle accident lawyer can offer you advice and help to protect your rights. Your lawyer can explain your options and give you a better idea of how to move forward to pursue compensation for your injuries.
What Percentage Do Accident Lawyers Take?
The percentage of your total recoveries that will be taken by your lawyer’s fee depends on the amount you agreed to when they took your case. The amount taken will depend on the nature of your case, the work your lawyer does, and the policies of the law firm.
To learn more about the percentage accident lawyers from Bernstein & Poisson take as a fee if they win your case, call today at (702) 633-3333. The first consultation is free, so call now.
What Lawyer Deals with Motorcycle Accidents?
A personal injury lawyer that handles traffic accidents will also deal with motorcycle accidents. They will use their knowledge of the law and experience handling these accidents to pursue the best possible outcome on your behalf.
Personal injury lawyers may handle a variety of practice areas, including medical malpractice, workplace injury, premises liability cases, and many others. Make sure that the personal injury lawyer you choose has experience handling traffic accidents in general and motorcycle accidents in particular.
What Can I Do to Protect My Rights After a Motorcycle Accident?
Here are some considerations for protecting your rights after a motorcycle accident.
Collect evidence of anything you think might be relevant. Photos of your injuries, the crash site, the property damage, and the environmental conditions can be useful. Get the contact and insurance information of the involved parties and collect statements from witnesses who saw the crash.
Report the Accident
Call the police to report the accident. They will come to the scene and create an official crash report. This report can be used as evidence when you are trying to prove fault in order to recover damages.
Consider Hiring a Lawyer
A lawyer can give you advice on how to proceed so that you can best protect your rights. Get counsel that can help you determine what to do in your particular situation.
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 that could seem like you are admitting fault for the accident. Also, do not make statements that could seem like you are excusing or minimizing the fault of the other party. These can later be used against you in your pursuit of compensation.
How Much Will It Cost to Hire a Motorcycle Accident Lawyer?
In many cases, it does not cost anything to hire a motorcycle accident lawyer. This is because many of them will take on cases on a contingency-fee-basis. According to the American Bar Association (ABA), this means that the lawyer’s payment is contingent on their success in your case.
The amount your lawyer is ultimately paid is a proportion of your recovered damages—the more money they win for you, the more they will be compensated for their work. This means that your lawyer will be highly motivated to achieve the best possible outcome on your behalf and not settle for less than what they believe you deserve.
Cases taken on a contingency-fee-basis also mean that you are not at risk for a large lawyer’s bill if your case is not successful. Be sure to discuss your lawyer’s fee when you are researching law firms to represent you in a personal injury case. Find a firm that you can trust to have your best interests at heart when negotiating for compensation on your behalf.
How Much Should You Settle for After a Motorcycle Accident?
The amount for which you settle after a motorcycle accident should depend on the nature of the accident and your injuries. Your motorcycle accident lawyer should be able to evaluate your case and assess the damages you may be owed.
Once they determine the amount you deserve, they can then use evidence to negotiate with the insurance company for a settlement or persuade a court to award damages. Some factors that may impact the amount you are owed are as follows.
Your Injuries’ Effect on Your Settlement Value
The amount you are owed in damages depends on your injuries and losses. Some injuries may leave you seriously disabled and unable to work, while others may allow you to continue your job. Some injuries can require life-long care, while others heal in a matter of days or weeks.
Although injuries caused by negligence are always disruptive to the victims, the amount you may be owed by the at-fault party may be determined in part by the severity and long-term impact on your health and life.
A motorcycle accident lawyer can help prove the nature and extent of your injuries. They can present medical records and witness testimony to prove how badly you were hurt and, therefore, how much you should be compensated.
The Nature of the Accident’s Effect on Your Settlement Value
In addition to the nature of your injuries, the nature of the crash itself may also impact the amount for which you should settle. Nevada has something called a modified comparative negligence law, according to NRS §41.141. This means that you can recover damages even if you are partially at fault for the accident, as long as the other party is more than half at fault for what happened.
It also means that the amount you are owed may be reduced or modified depending on the proportion of blame you shoulder for the accident. Even if you believe that you may be at fault for the accident, you should still reach out to a personal injury attorney. They can evaluate your case to get a better idea regarding the amount of money you could expect, given the comparative negligence statute.
How Much Is a Rear-End Accident Worth?
The amount that a rear-end accident is worth depends on the extent and types of damages caused by the at-fault driver’s negligence. Additionally, because Nevada has a modified comparative negligence law (NRS §41.141), the amount you can expect from a rear-end traffic accident lawsuit may be affected by the amount of responsibility you had in causing the accident.
Damages in Rear-End Accident Cases
If a rear-end accident left you with serious injuries, you may be entitled to compensation for your losses. This means that you could potentially receive money for your medical bills, lost wages, and pain and suffering. The amount of this depends on the kind of injuries you suffered, their effect on your life, and the cost of the treatments required to heal you.
A motorcycle accident lawyer will be able to evaluate your case to give you a better idea of how much you may be owed in your specific circumstances.
Modified Comparative Negligence in Rear-End Accident Cases
Your losses are not the only thing that can affect the amount your rear-end accident case is worth; the proportion of responsibility you shoulder for the accident can also impact your settlement or awards.
If you are partially to blame for what happened, that can reduce the amount you are offered. A personal injury lawyer can collect evidence to show that the other party was more responsible for what happened, and therefore owes you more than the initial offer.
How Much Do Lawyers Charge for Accident Claims?
The amount lawyers charge for handling accident claims depends largely on their firm’s policies and the nature of the case. For many personal injury lawyers, including those at Bernstein & Poisson, accident cases are taken on a contingency-fee-basis. This means that the lawyer’s compensation is contingent on securing money for you.
Taking Cases on a Contingency-Fee-Basis
Cases that are taken on a contingency-fee-basis are not billed hourly. Instead, the lawyer and the client agree to the lawyer taking a set percentage of the amount won through a settlement or verdict. The recovered amount will depend on a host of factors, including the nature of your injuries and the accident.
When lawyers work for a contingency fee, they have the same goal you do—to be successful in this case and to recover the amount of money you deserve. They will not settle for less than they believe you are owed. You can trust that they are working to secure the desired outcome, not to add more hours onto their bill.
How Long Do I Have to File a Lawsuit After a Motorcycle Accident?
According to NRS §11.190(4)(e), you generally have two years from the time of the accident in which 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. A personal injury lawyer with experience in motorcycle accidents can give you a better idea of your options.
Can You Sue for a Rear-End Motorcycle Collision?
You can sue for a rear-end motorcycle collision. When a motorcycle is struck from behind, serious injuries can result. You can file suit to recover damages to help cover your medical bills, lost wages, lost earning capacity, and past and future pain and suffering caused by the accident.
Damages You Can Recover in a Rear-End Motorcycle Collision Lawsuit
Through a lawsuit, you can potentially recover damages for your economic and non-economic losses. Your economic losses include things like your medical bills, care costs, lost wages, and earning capacity. Your non-economic losses include your past and future pain and suffering, as well as your loss of enjoyment of life and inability to participate in day-to-day activities.
When Should You Get a Lawyer for a Motorcycle Accident?
It is never too early to retain a lawyer in a motorcycle accident case. The sooner you get in contact with an attorney, the sooner they can begin safeguarding your rights.
How a Lawyer Can Protect Your Rights
Your lawyer can protect your rights from the moment you get hurt by advising you of your options for pursuing compensation and counseling you on how best to go about that. They may suggest that you refrain from certain actions or take others in order to protect your interests and open up your possibilities for recovering the money you need.
How to Contact a Lawyer After a Motorcycle Accident
In order to get a lawyer after you have been injured in a motorcycle accident, you should reach out to their listed number. Your case will be evaluated in this first free call, and this is the first step in pursuing compensation with the help of a lawyer. To receive your free consultation, call Bernstein & Poisson today at (702) 633-3333.
How Do I Find a Good Motorcycle Accident Lawyer?
Do your research to find a motorcycle accident lawyer to represent you in your fight for compensation. Look into their track record of successes, as well as their values, to make sure they are the right fit for you.
Research Their Track Record
You can find a law firm’s track record of success on their website. Look to see what verdicts and settlements they have secured on behalf of their clients, as well as what practice areas they have experience in handling.
If you do not see something that directly speaks to their experience handling cases like yours, feel free to call and ask. The first consultation is free at Bernstein & Poisson, so there is no risk in seeking out additional information. Call (702) 633-3333 today to learn more.
Research Their Values
Even if a law firm has proven successful, you may not want to go with them unless they have also proven themselves to align with your values. Make sure your lawyer values treating clients with respect and open communication and that these values show through in the work that they do.
What Does a Motorcycle Accident Lawyer Do?
A motorcycle accident lawyer will investigate your accident, compile a case, and use it to advocate for compensation on your behalf.
A Motorcycle Accident Lawyer Will Investigate
Your motorcycle accident lawyer will use their resources to investigate your accident. They will uncover evidence that testifies to what happened and how it happened. This evidence can include photographs, video footage, witness statements, police reports, medical records, and anything else that may be relevant in showing whose negligence caused your injuries.
A Motorcycle Accident Lawyer Will Negotiate
Your lawyer will then use this evidence to assemble the strongest possible case on your behalf. Armed with this evidence, they will negotiate with the insurance companies so that you do not have to. If the insurance company will not pay you what you are owed, they will take this same information to court.
A Motorcycle Accident Lawyer Will Go to Court
If necessary, your motorcycle accident lawyer will take your case before a judge or jury. They will evaluate the evidence and the arguments and award you the amount of damages they believe you are owed. Sometimes insurance companies want to come back to the negotiating table once a trial begins. Your lawyer will not settle without your permission.
Where Do Most Motorcycle Accidents Happen?
Most motorcycle accidents happen at intersections, according to information from the National Highway Traffic Safety Administration (NHTSA). Motorcyclists are particularly at risk here because many of these crashes are caused by other motorists turning into the path of a motorcycle. This is often because the driver does not see the motorcycle until it is too late.
Given the impact that visibility has on motorcycle crashes, it is a good idea to practice caution while on your motorcycle. Where visible colors or reflectors and try to avoid the blind spots of other vehicles. Practice caution when riding in bad weather or poor lighting conditions, and drive defensively to decrease your risk of being in a motorcycle accident.
How Are Motorcycle Accidents Different from Car Accidents?
Motorcycle accidents differ from car accidents in several ways. Firstly, their causes may be different. Secondly, the impact and damages in motorcycle accidents may also look different than those in a car accident case.
Causes in Motorcycle Accidents vs. Car Accidents
Although both types of traffic accidents are often caused by the negligent actions of a driver, there may be some factors that are more likely to cause motorcycle accidents. Some examples of this are as follows.
- Visibility issues: Since motorcycle accidents are smaller, they may be missed if a driver is already struggling to see in poor weather or light conditions. Safe drivers would adjust their driving behaviors to accommodate this, but reckless drivers may not, causing accidents that would otherwise be preventable.
- Impaired driving: Although drug, alcohol, and fatigue-impaired driving can cause any kind of accident, motorcyclists may be at particular risk because passenger vehicle drivers often struggle to see them. Drivers with dulled senses may be even less likely to spot a motorcycle before it is too late.
Damages in Motorcycle Accidents vs. Car Accidents
Although the damages caused by car accidents can be severe, motorcycle accident cases often have a more lopsided impact. The motorcyclist is more vulnerable to severe injury than those in larger vehicles.
According to the NHTSA, motorcyclists are overrepresented in fatal traffic accidents. In fact, a motorcyclist is 28 times more likely to die in an accident than their passenger car counterparts. Given these statistics, it is important to always wear a helmet and practice defensive driving when on a motorcycle.
Can You Sue for Wrongful Death in a Motorcycle Accident?
Yes, you can sue the negligent party in a motorcycle accident for the wrongful death of your loved one with the help of a motorcycle accident lawyer.
Damages in a Wrongful Death Motorcycle Accident Claim
You can potentially recover damages to compensate you for your economic and non-economic losses after you lose a loved one in a motorcycle accident. The economic damages may include things like your family member’s:
- Medical bills
- Burial costs
- Lost earning capacity
The non-economic damages may include the physical pain they suffered and the mental and emotional cost their loss has had on you and your family.
Statute of Limitations in a Wrongful Death Case
According to NRS §11.190(4)(e), you generally have two years from the time of your loved one’s death in which to pursue a wrongful death lawsuit. This statute of limitations may have exceptions, and an attorney will be able to evaluate your case to determine if you can still bring forward a case beyond this time limit.
How Is Pain and Suffering Calculated in a Motorcycle Accident Case?
The pain and suffering caused by a motorcycle accident can be determined based on the impact the injuries have on your body and your life. Your medical record and healthcare providers can attest to the extent of your pain and how that might impact your ability to go about your life.
Your mental and emotional suffering can be proven with witness statements, your own testimony, and other evidence. A motorcycle accident lawyer can give you a better idea of what kinds of damages for pain and suffering you can expect, given the specifics of your accident.
How Negligence Is Established in a Motorcycle Accident?
Negligence is established in a motorcycle accident by evaluating the evidence to determine what happened and how it happened. Then, this evidence can be presented and argued by your motorcycle accident lawyer to win compensation on your behalf.
Types of Negligent Driving
There are many contributing factors that can be determined to be negligent, but here are some of the more common ones.
- Drunk driving
- Distracted driving
- Drowsy driving
- Drug-impaired driving
- Road rage
- Poor vehicle maintenance
- Failure to obey traffic signals
- Failure to adjust to poor weather or road conditions
- And many others
Using Evidence to Prove Negligence
Your lawyer will investigate the circumstances of your accident to determine what, if any, of these factors contributed to your crash. If they find evidence of these negligent driving behaviors, they will collect it and use it to argue for compensation for you.
Some evidence that can be useful in proving negligence is as follows
- Surveillance footage
- Other video footage
- Witness statements
- Statements from the involved parties
- Medical records
- Police reports
- Other official documents
You can help your case by collecting your own evidence at the scene. Consider taking pictures of your injuries, the accident site, and the damage to both vehicles. Document or make note of anything you think might explain what happened and who is to blame. You never know what may later come in handy in a personal injury lawsuit.
Bernstein & Poisson Can Help You
If you or someone you love suffered a motorcycle accident, you may be dealing with medical bills, lost income, and the mental and emotional stress that comes along with this. You do not need to suffer alone. Reach out to a personal injury lawyer who can be your ally during these trying times.
At Bernstein & Poisson, we care about our clients and work hard to get them the results they need and deserve. We have secured hundreds of millions of dollars on behalf of our clients throughout the Las Vegas area since 1983. Now we want to help you, too. Call us today at (702) 633-3333 to receive your free consultation and learn more about how an attorney can help you and your family.