Injuries sustained in a bicycle accident can be life changing. Often, injured riders are faced with large medical bills, require ongoing medical treatment, are unable to work and more. Have you or a loved one been injured a bicycle crash that was caused by a negligent motorist?
What our past clients have to say about us
At Bernstein & Poisson, our Las Vegas bicycle accident lawyers are dedicated to helping those who have been injured by distracted, drunk, or otherwise negligent motorists. Our goal is to help you recover compensation for damages from the crash and hold those negligent individuals accountable for their actions.
An initial consultation is free of charge and comes with no obligation to take legal action. There are also no upfront fees for taking a case and no fees while we are working on a case. Our partners have more than 60 years of combined experience and are personally involved in each case managed by the firm. We have secured more than $100 million on behalf of our clients.
Are You Eligible to Seek Compensation?
Was the crash caused by another driver’s negligence?
If you have reason to believe this is the case, you should strongly consider contacting a lawyer to discuss possible legal options. Even if you are not sure, you should talk it over with an experienced lawyer. You do not want to rely on the insurance company’s assessment of the situation, as they are looking to limit their liability.
Every person on the road, regardless of whether they are walking, driving, or riding owes everyone else a reasonable duty of care. They cannot create an unreasonable danger for others. If someone breaches that duty and causes injury to others, the injured victim may have a case for compensation.
Examples of negligence that may lead to bicycle accidents include:
- Speeding or driving too fast for weather/road conditions
- Distracted driving
- Running a red light
- Unsafe lane changes
- Failing to yield the right of way to a bicyclist
- Turning right into a bicycle rider’s path
- Drunk driving
These forms of negligence can lead to dangerous crashes. For example, if a bicycle crosses in front of a car’s path, the rider could be thrown from the bike and suffer severe injuries. These types of crashes often happen when cars are turning left or right (left-hook crashes and right-hook crashes).
Bicycle crash victims may be able to seek compensation from the at-fault driver’s liability insurance, just as they would if they were injured while driving a car. The state requires drivers to have $25,000 in bodily injury liability per person and $50,000 per crash, although many drivers purchase more than the minimum required coverage.
For a free legal consultation with a bicycle accidents lawyer serving Las Vegas, call (855) 605-2959
Why You Need a Lawyer for Your Claim
The experienced Las Vegas bicycle accident lawyers at Bernstein & Poisson have information that can help you make the right choices after a bicycle accident, including:
- An overview of the law as it deals with Las Vegas bicycle accidents
- What you should do if you have been involved in a Las Vegas bicycle accident
- How you should proceed if you or someone you love has been injured
Bicycle crashes can cause devastating injuries that lead to intense pain that can be physically and psychologically draining. This could include:
- Traumatic brain injuries
- Skull fractures
- Torn ligaments
- Herniated discs
- Spinal cord injuries
- Pinched nerves
- Broken bones
- Hip fractures
- And more
Victims need to focus on their injuries, not dealing with insurance companies’ intent on denying or underpaying their claims.
Our firm is prepared to manage your case from start to finish, with the goal of recovering maximum compensation, all at no upfront cost to you. Many crash victims who hire attorneys recover more than those who do not.
This may be because experienced attorneys have gone through the process many times. They know what to expect, how to carefully investigate and build a strong case, and are prepared to go to court if necessary.
While most claims do not end up court, it is crucial to have an attorney who is prepared to do so. Insurance companies may be more likely to make a fair offer if an attorney is involved and the insurance company knows the lawyer takes cases to court if a fair offer is not made.
Las Vegas Bicycle Accident Lawyer Near Me (855) 605-2959
Damages That May be Available
Bicycle crashes can be catastrophic for riders, as they have much less protection compared to drivers. This often means victims have significant medical expenses and may miss significant time from work. They may need to change careers or work less, as their injuries may result in a loss of earning capacity.
At Bernstein & Poisson, we understand the wide-ranging effects of injuries in bicycle crashes. We have obtained millions for victims and are prepared to help you seek maximum compensation.
Some of the damages that may be available in your claim include:
- Hospital bills
- Hospital stays
- Prescription medications
- Doctor’s visits
- Medical tests
- Medical equipment, such as crutches or wheelchairs
- Disability accommodations to your home or vehicle
- Lost wages
- Lost earning capacity
- Pain and suffering
- Loss of companionship
- Wrongful death damages if your loved one was killed in a bicycle crash
- And more
Typically, the more severe the injury, the higher the value of a claim. Severe injuries often affect victims’ careers and their mental health. We understand how difficult the aftermath of these crashes can be and are prepared to help pursue full compensation.
Whether you were just injured in a crash or have already had your claim denied or undervalued by the insurance company, we are prepared to help.
Contact our Las Vegas Bicycle Accident Attorneys today
Is There a Time Limit for Seeking Compensation?
It is important to contact an attorney to help get the process started as quickly as possible. There are deadlines for filing a lawsuit to recover compensation and once these deadlines pass, you may be unable to pursue the compensation you need.
Insurance companies often have deadlines for filing claims, too, which means you should contact an attorney as soon as possible to get the process started. If you miss the filing deadline, you may lose the right to file a claim, and you may be unable to successfully challenge the insurance company’s refusal to accept your claim.
While most bicycle injury cases end in insurance settlements, some are resolved via lawsuits, often when the insurance company refuses to make a fair offer. Lawsuits are subject to a two-year statute of limitations. Victims have two years from the date of the crash to file a lawsuit, otherwise their case will be dismissed in court.
There are exceptions to this deadline, but they only apply in rare circumstances. You should not assume one of these exceptions may apply to your case without talking to an experienced lawyer.
Bernstein & Poisson is ready to take your call to answer your questions and discuss your next steps. There are no upfront fees or legal obligations.
Complete a Free Case Review form now
What if the At-Fault Driver is Uninsured?
Even though you were on your bicycle and not in your car, the uninsured motorist coverage in your auto insurance policy may apply. Technically, this coverage is not required as drivers are allowed to reject it in writing. However, insurers are required to offer it and many drivers keep it. You may also be able to use this coverage if you were in a hit-and-run crash and the police were unable to find the driver who hit you.
While this is unlikely, if the at-fault driver has significant assets, your attorney may be able to file a lawsuit to seek compensation from those assets.
Another potential option is first-party coverage in your own insurance policy. For example, if you chose to buy Medpay insurance, you may be able to use it to cover your medical expenses, no matter who was at fault for the crash. Collision coverage is another optional coverage that pays for damage to your vehicle. You might be able to use it to cover damage to your bicycle.
Pursuing compensation after a crash with an uninsured driver is a complex process, and you should strongly consider hiring an attorney to help you.
What if You Were Not Wearing a Helmet?
You are not required to wear a helmet while riding your bicycle, although Nevada’s Department of Transportation recommends doing so to help reduce the risk of a serious brain injury.
Even though wearing a helmet is not required by law, you may be wondering if not wearing a helmet could be used against you by the insurance company. For example, they may claim not wearing a helmet made it more likely you would suffer a severe injury. They may also say not wearing a helmet is an example of reckless behavior and use that to attack your credibility.
However, not wearing a helmet had nothing to do with the cause of the crash. If you hire an experienced attorney to represent you, the insurance company will have a difficult time using this against you to deny or devalue your claim.
If you have more questions about this issue, contact Bernstein & Poisson. Our licensed attorneys are here to help and there are no upfront fees or legal obligations.
What are Your Responsibilities as a Cyclist?
Bicyclists and drivers have a variety of obligations while sharing the road. Failing to uphold these obligations could result in a crash, and the party that failed to uphold an obligation may be held at least partially at fault for damages that may result.
Obligations of Drivers
Drivers need to remember bicyclists have a right to share the road. Drivers must take reasonable steps to help keep bicyclists safe, including:
- Moving over one lane when passing a bicyclist, if possible
- Leave at least three feet between the bicyclist and their car when passing
- Yielding to bicyclists as you would pedestrians or other vehicles
- Not driving in designated bicycle lanes unless it is an emergency, or you are turning
Obligations for Bicyclists
Bicyclists must take steps to stay safe and prevent a crash with a motor vehicle, such as:
- Obey all traffic signs and signals
- Ride as far to the right as possible unless they are about to turn or can match the speed of surrounding traffic
- Use hand signals when stopping or turning
- Avoid riding in a driver’s blind spot
- Ride a minimum of three feet from parked cars
What if You are Found Partially at Fault for a Crash?
If you are found partially at fault, your compensation award could be reduced according to your percentage of fault. This is in accordance with Nevada’s comparative negligence law, which also bars the recovery of compensation for victims who are more than 50 percent to blame for the crash.
There are a variety of ways you could be found partially at fault for a bicycle crash. For example, maybe you violated traffic laws, such as by ignoring a signal or sign. Maybe you did not use hand signals when making a turn or were riding too close to traffic. Crossing outside of a designated crosswalk can also be dangerous, as drivers are not expecting bicyclists to be crossing the street.
However, it is important not to assume you may be partially at fault or allow the insurance company to convince you that you are partially at fault. The insurance company wants you to agree that you are partially at fault so they can lower the value of your claim.
If you are concerned you may be partially to blame, discuss it with a licensed attorney, so he or she can review what happened. Our Las Vegas bicycle accident lawyers are committed to pursuing maximum compensation. We do not want you to be assigned more fault than you deserve, and we know how to counter the insurance company’s attempts to assign you an unreasonable amount of fault.
What Should Bicycle Crash Victims Do Afterward?
After a bicycle accident, the first responders to the scene are typically the emergency medical teams and the police. The police are there to make a record of what happened based on the accounts provided by those involved in the accident and any witnesses who provide them with a statement. It is also common for the police to gather any other physical evidence that is present to try to corroborate the statements they were given.
When this process is complete, the party or parties who feel they were wrongfully injured should contact a Las Vegas bicycle injury attorney to review the situation. At this point, the attorney will listen to the account of what happened, review the available evidence, and compare the facts of the situation to the legal standards that were discussed above. If the attorney decides that the other party is or should be at fault for the accident, he or she will likely recommend that a claim be filed.
How to Proceed with Your Case
If you or someone you love has been injured in a bicycle accident, the first step you need to take is to obtain the necessary medical attention, as your safety and health come first. When you have completed that step, you need to gather all the documentation that relates to the accident, including:
- The police report if you can locate a copy
- Any medical records you can obtain (or at least the dates and locations of your care)
- Any other documents or statements that you feel could be relevant to the situation
All of this is necessary so your attorney can provide you with the best advice possible regarding how you should proceed.
Why do Bicycle Crashes Happen?
There are a variety of bicycle crashes that can occur, but these are four of the most common:
Crashes into Car Doors
Be careful riding your bicycle parallel to parked cars, as drivers often do not check for bicyclists before opening their doors. This could result in a dangerous crash that causes serious injuries. Keep your distance from parked cars and keep an eye out for doors opening.
These are often a result of distracted driving. Drivers bump into bicyclists who are probably not doing anything wrong. Be cautious when stopping at intersections. Move away from the path of oncoming cars. Make sure you have reflective clothing and appropriate lights to help alert drivers to your presence.
These crashes happen when drivers turn left but do not see a bicyclist who may be crossing the street at the same time. Bicyclists can crash right into the side of the vehicle and suffer serious injuries, as bicyclists often have little time to stop or get out of the way.
These happen when a driver turns right and hits a bicyclist who may be crossing the street or simply heading straight. Drivers fail to see the bicyclist and crash right into him or her. Even though drivers are often at fault for these crashes, bicyclists should be extra cautious when approaching an intersection. Wait for right-turning drivers to pass before proceeding.
Call a Las Vegas Bicycle Accident Attorney
After a bicycle crash, you need an experienced lawyer with the legal knowledge to fight for your rights aggressively and relentlessly. At Bernstein & Poisson, we are dedicated to pursuing maximum compensation to help victims whose lives have been thrown upside down by an injury.
We take cases on contingency, which means there are no upfront fees or legal obligations with our services. Our attorneys do not get paid for representing you unless you receive compensation from a settlement or jury verdict.
We have been helping crash victims in Las Vegas since 2007 and have obtained tens of millions on behalf of our clients.
Our office is located at 320 S Jones Boulevard, just a short drive from Sunrise Hospital and Medical Center.