If you’ve been injured in a motorcycle accident in Las Vegas, NV, you need a lawyer committed to protecting your rights.
Have you or a loved one been involved in a motorcycle accident in Las Vegas? You don’t face the aftermath alone. Jack Bernstein and his team of experienced Las Vegas motorcycle accident attorneys are here to fight for your rights and help you navigate the complex legal process.
Since 1983, Jack Bernstein has successfully recovered millions in verdict and settlements for our clients. We are dedicated to working with victims and their families to protect their rights and work toward the most favorable outcome possible.
At Jack Bernstein Injury Lawyers, we understand the unique challenges that motorcycle accident victims face. We are committed to providing dedicated representation and personalized attention to each client. Our mission is to ensure that you receive the justice and compensation you deserve.
Why Motorcyclist Accidents are Dangerous
Motorcyclists are more susceptible to severe or even fatal injuries in accidents due to the lack of protection. Determining negligence and liability following a motorcycle crash can be a complex process, with various factors influencing the validity of claims and the potential for fair compensation.
Key Accident Factors: Negligence & Hazards Intersect
Negligence and hazards often weave together to cause motorcycle accidents. Motorists’ disregard for bikers, riders’ risky behaviors, and the common harsh road conditions around Las Vegas can all contribute to these collisions.
- Motorist Negligence: Distracted/reckless driving leads to violating bikers’ right-of-way, ignoring blindspots, failing to yield, or sudden lane changes without accounting for motorcycles.
- Rider Negligence: Speeding, weaving, or lacking protective gear, further increases the risk. Determining shared responsibility between the motorcyclist and the negligent party is crucial.
- Environmental Hazards: Road imperfections like uneven surfaces or debris that pose minor threats to cars can prove treacherous to motorcycles.
- Inclement Weather: Rain, winds, or extreme heat/cold impair motorcycle handling, braking, and traction control, increasing slide/fall risks.
Common Severe Collision Injuries
The lack of protection means riders are extremely likely to be thrown from their motorcycles in crashes. Losing control leads to violent impacts that often prove fatal:
- Being ejected leaves riders airborne and defenseless against collisions with unforgiving surfaces like pavement or barriers.
- Impacts at high velocities while being tossed through the air lead to severe spinal and brain trauma upon collision. Riders also face bone fractures and disfigurement from striking irregular terrain.
Common motorcycle crash injuries at all severity levels due to these dynamics include:
- Traumatic Brain Injuries: Severe immediate dysfunction. Long-term cognitive consequences common. Lack of helmet drastically escalates risks.
- Spinal Cord Impairment: Fractures, disc herniation, spinal cord injury paralysis are widespread due to vulnerable torsos in falls.
- Multi-System Trauma: Organs like liver, spleen ruptured by piercings/impact. Internal bleeding risks hypovolemic shock.
- Disfigurement: Severed limbs from striking objects. Severe abrasions from contact with pavement.
After an initial violent impact, continued collision with surfaces while sliding/rolling leads to additional harm across body systems and extremities. The intensities faced by riders in crashes explain the broad spectrum and severity of injuries.
How Nevada Motorcycle Laws Affect Injury Claims
Nevada’s motorcycle safety requirements carry legal implications after accidents:
- Helmet Usage and Injury Claims: Wearing a DOT-certified helmet is mandatory. Lack of proper head protection drastically reduces injury compensation potential and indicates assumption of risk.
- Insurance Minimums May Prove Insufficient: While $25k per person liability coverage is required, crash damages often exceed limits. This underinsurance means claiming full losses is challenging. Additional policies better protect assets.
Traffic laws for Las Vegas also factor into claim validity and shared fault determinations:
- Lane Splitting Indicates Negligence: Motorcyclists riding between lanes, even in dense traffic, are violating statutes. This evidence of improper riding may reduce compensation eligibility.
- Right-of-Way Violations: Motorists failing to yield to motorcyclists when turning/merging implies negligence. However, riders must also take care by positioning themselves to remain clearly visible.
Burden of Proof Against Risk Stereotypes
Motorcyclists confront perceptions about reckless habits that complicate injury claims:
- Reckless Rider Bias: Stereotype of bikers as thrill-seekers leads juries to doubt accident victim credibility. Overcoming this perception burden is key.
- Blamed for Lack of Safety Gear: Belief that injury severity results from not wearing specific protective equipment. However, gear usage doesn’t justify driver negligence.
Unique Passenger Accident Factors
Carrying passengers on motorcycles can significantly alter the dynamics of riding and increase the risk of accidents. The added weight, obstructed sightlines, and potential for distractions can make it more challenging for riders to maintain control and react to hazards effectively.
- Control Difficulties: More weight makes for more difficult handling, especially at high speeds, raising single-vehicle crash risks from factors like tip-overs.
- Visual Obstruction: Passengers can block sight lines, obscuring hazards and slowing reaction times. This heightens collision risks.
- Claims Considerations: When passenger injuries are involved in a motorcycle accident, the claims process can become more complex. Issues such as loss of companionship or support and contributory negligence doctrines may need to be considered.
Ensuring A Valid Case & Maximum Compensation
A motorcycle accident is not just a physical trauma; it’s also a legal hurdle. Don’t let complexities hinder your pursuit of justice. By understanding the key factors that determine case validity and liability, you can take control of your journey towards fair compensation.
Factors That Heavily Affect A Motorcycle Injury Claim in Las Vegas:
Even if feeling fine after an accident, promptly getting examined safeguards your health and claim strength:
- Unseen internal bleeding, spinal damage or head trauma risks may be spotted early and treated, preventing grave outcomes.
- Documented visit creates a timeline, captures extent of injuries before healing and demonstrates you actively sought care. This evidence can maximize compensation.
- Nevada’s two-year statute of limitations for personal injury claims means delays can jeopardize your legal window.
Understanding How Comparative Negligence Affects Motorcycle Injury Claims
If involved in a motorcycle crash, Nevada’s comparative negligence laws can reduce your injury compensation if any fault is found on your end. Specifically:
- Your payout decreases proportionately to the percentage you’re liable. Fault percentages are determined case-by-case by weighing accident evidence.
- Contributing factors like speeding, road positioning, following distance establishes rider negligence.
- Road conditions like poor visibility, uneven surfaces and debris also contribute to shared blame.
- However, even if partially culpable, recovery is still possible, just prorated. An experienced attorney can maximize payouts by examining liability shades of gray.
For example, if a motorcyclist rear-ends a vehicle after the motorist stops abruptly without signaling, the court may assign 60% negligence to the driver, and 40% to the rider. So the biker would recoup 60% of total injury damages.
Thorough legal representation assessing comparative fault across motorcycling factors can profoundly impact claims.
Mitigate Harm – Physically and Legally
Taking reasonable steps to minimize injuries and following treatment directives shows you are actively working to recover. Documenting this strengthens your position across factors like:
- Assumption of risk arguments around motorcycle riding.
- Claims of failing to mitigate damages by not complying with medical care.
Staying informed on these considerations allows you to make the best decisions during a challenging time.
What to Expect: Typical Case Outcomes & Compensation
The realities of what may unfold after a motorcycle crash can seem obscure when grappling with injury trauma. Gaining clarity on potential results can offer some grounding.
Common Outcome Ranges
While precise values involve many factors, typical settlement range from 4 figures for extremely mild injuries, all the way up to 7 figures for catastrophic injuries (like traumatic brain damage, paralysis / spinal cord damage).
The most influential factors that insurance companies consider when determining the value of a motorcycle accident claim include:
- severity of the injuries
- the driver’s fault
- victim’s medical history
Beyond determining fault percentages, settlements account for multidimensional accident impacts, including:
- Medical Expenses: Both immediate and lifelong treatment costs.
- Lost Income: From missing work initially through long-term reduced earning capacity.
- Property Damage: Repairing or replacing destroyed vehicles and gear.
- Pain and Suffering: Accounting for physical and emotional distress.
- Loss of Companionship: For the victim’s closest relational networks.
However, things like limited insurance coverage, lack of evidence or comparative negligence finding can limit or even stop potential payouts, even with strong legal representation.
Why Motorcycle Injury Victims Need Strong Legal Advocates
A motorcycle accident can leave you with physical and emotional pain. Don’t let the legal complexities add to your worries.
Motorcycle accident lawyers possess the expertise to navigate the legal maze, from gathering evidence to negotiating with insurance companies and proving negligence in court. Their knowledge grants access to resources you wouldn’t have as a layperson, increasing your chances of securing fair compensation.
Here’s how a skilled lawyer can guide you:
- Dispute unfair liability assumptions: Experienced lawyers can combat unfair assumptions based on biker stereotypes. They’ll gather evidence to prove your innocence and hold the negligent party accountable.
- Calculate complex injury damages: Motorcycle accidents can cause severe injuries with long-term effects. Your lawyer will thoroughly assess your injuries, including medical expenses, lost wages, pain and suffering, and long-term care needs. They’ll accurately determine your damages to secure fair compensation.
- Time settlement offers wisely: Insurance companies may lowball initial offers, especially if they think you’re unprepared. Your lawyer will provide expert advice on timing settlement offers to maximize your compensation.
- Address long-term care considerations: Motorcycle accidents can lead to permanent injuries requiring ongoing care. Your lawyer will factor in long-term care needs when calculating damages and advise on securing appropriate arrangements.
- Prepare for court representation and appeals: If negotiations fail, your lawyer is ready to take your case to court. They’ll vigorously advocate for your rights and use their legal expertise to present your case to the judge or jury. If necessary, they’ll appeal unfavorable verdicts to ensure maximum restitution.
Seeking legal representation after a motorcycle accident is essential to protect your rights and secure the compensation you deserve. A skilled motorcycle accident lawyer will take the legal burden off your shoulders while you focus on healing.
Why Hire Jack Bernstein Injury Lawyers?
Jack G. Bernstein, Esq. has been protecting the rights of injured victims and their families for over 40 Years.
Protecting Your Rights For Over 40 Years.
What Our Clients Say
I just wanted to give a special thanks to Jack Bernstein and his team. I now have had to use Mr. Bernstein for a second time, and I can’t stress enough how supportive, caring and just such a huge open communication his team offers and as well as Mr. Bernstein. He is quite the power house of an attorney and will have his clients best interest. Day or Night Mr. Bernstein will answer his personal cell phone and has always gotten back to me in a timely manner. I want to sincerely thank Jack Bernstein for going up to bat for me, not once but twice. He is truly in the right field of practice and he is just has been extremely genuine to me and my family. I can’t thank you enough Jack Bernstein. If you were facing a slip and fall, I highly recommend Jack and his team. He will deliver nothing short of what you are entitled to and what you deserve.
With over 40 years representing injury victims, Jack Bernstein offers unparalleled experience fighting for bikers’ rights with compassion. His trademark hands-on approach and proven results set him apart.
Jack directly oversees every case with customized strategies reflecting each client’s unique needs. You’re more than just a number. Jack understands the turmoil you’re enduring and will be there offering trusted guidance.
In-Depth Motorcycle Case Expertise
Jack knows the distinct legal intricacies facing motorcyclists – from combating “reckless rider” assumptions to calculating damages for severe harm like paralysis or traumatic brain injuries. Clients benefit from his mastery navigating motorcycle cases.
Fierce Courtroom Advocacy
While aiming to settle favorably out-of-court, Jack excels in litigation when necessary, leveraging technical resources like accident reconstruction to maximize compensation. His tenacity has recovered millions for clients.
When catastrophically injured on a motorcycle, the deck is stacked against you. But with Jack in your corner, the odds swing in your favor. Focus on healing – Jack’s got your back.
What to Expect: Navigating Your Motorcycle Injury Claim
The typical steps involved in a Las Vegas motorcycle injury claim is straightforward, but inside each step is loaded with complexities and nuances that influence your chances of settlement.
Step 1: Document the Incident via Police Reports, Medical Records and Other Evidence
The foundation of any claim is meticulous documentation from authorities, physicians and more. Collision details and injury extent must be recorded quickly while fresh.
Step 2: Conduct Investigation and Accident Reconstruction
Work with an attorney to analyze motorcycle and site damage, preserve video footage (especially helmet cam footage), interview eyewitnesses, assess line of sight obstructions and model crash dynamics. This comprehensively determines fault attribution.
Step 3: Dispute Rider Negligence Arguments by Insurance Companies
Expect pushback based on false reckless stereotypes. Provide alternative perspectives grounded in investigation findings, highlighting motorist negligence. Have medical experts prepare reports supporting injury claims.
Step 4: Calculate Damages Spanning Medical, Vocational and Overall Life Impact
Quantify immediate and long-term care costs. Factor income loss from missing work initially through reduced future earnings. The rigor directly influences compensation.
Step 5: Negotiate an Equitable Settlement or Prepare for Trial
Settlement talks involve back-and-forth before reaching an agreement, often taking years. If offers still lack fairness, litigation is required to recover losses.
Motorcycle Injury Claims and Compensation FAQs
Successfully navigating motorcycle collision compensation involves documenting injuries promptly, conducting thorough investigations to determine liability, disputing unfair negligence assumptions, accurately calculating both immediate and lifelong impact of disabilities for highest possible restitution. Payouts for motorcycle injury cases range from thousands to millions depending on the severity.
Determining liability can be complex for a motorcycle accident and heavily depend on the specific circumstances. The driver has a duty to operate their vehicle in a safe manner and if they fail to do so they can be held liable. Major factors would be duty of care, visibility, traffic violations, and negligence.
Yes, helmet camera footage providing firsthand documentation of traffic violations like distracted driving or failure to yield right-of-way that directly caused your collision can override police assumptions of biker recklessness. This compelling evidence bolsters injury claim validity.
Capture information like date/time, weather and road conditions, eyewitness accounts, vehicle damage estimates, and take photos capturing critical sight line obstructions at the scene. Also always promptly seek medical care after a collision to record wounds before healing occurs.
Yes, under comparative fault statutes, even if another driver mainly caused your collision, any partial rider negligence like speeding, lack of gear, or dangerous maneuvering can reduce injury claim payout percentages. An attorney maximizes outcomes.
Yes, lack of DOT-certified helmet usage can be deemed assumption of risk, indicating you accepted accident dangers knowingly. This will likely substantially reduce financial eligibility. An experienced lawyer still retrieves maximum possible damages.
Contributory factors like speeding don’t prohibit legal action but will lead to reduced compensation through comparative negligence statutes. Having a skilled motorcycle attorney will help limit this deduction, ensuring you get the compensation you deserve.
Contact Us for a Free Consultation
If you or a loved one have been injured in an accident, contact Jack Bernstein Injury Lawyers for a free, no obligation consultation with experienced personal injury lawyers. You will gain an advocate for every stage in the claims process until you have the compensation you deserve.
Jack Bernstein Injury Lawyers is available to help you handle your accident claim in the Las Vegas metropolitan area and beyond. Jack Bernstein and his team can offer you the personalized service and legal representation you deserve.
Call us at (702) 633-3333 or contact us today for a free consultation to discuss your case.