What Damages Can I Recover From A Bicycle Accident Lawsuit in Nevada?
Traffic accidents are a common occurrence in Nevada, and some of these accidents involve cyclists. Unlike motorists, cyclists have little protection from severe injuries when accidents occur. Even responsible cyclists who follow the rules of the road are vulnerable to serious injuries caused by negligent motorists, poorly maintained roads, or other hazards.
When a motorist strikes and seriously injures a cyclist, the bicycle accident victim may be left with significant physical, emotional, and financial hardships. If the accident was due to motorist negligence, the cyclist may seek financial compensation for these damages by filing a bicycle accident lawsuit against the motorist and their insurance company.
At the Cottle Firm, our Las Vegas bicycle accident lawyers help injured cyclists fight for the compensation they deserve for medical expenses, lost wages, pain and suffering, and other damages. If you have recently been injured while cycling in Nevada, we’re here to help. Call the Cottle Firm today at 702-722-6111 to discuss your case in a free consultation.
Nevada’s Bicycle Accident Laws
Nevada law treats bicycles as vehicles, meaning cyclists have the same rights and responsibilities as motorists under state traffic laws. Here are some state laws relevant to bicycle accident claims in Nevada.
Safe Passing Law
According to NRS 484B.270, drivers must maintain a minimum distance of three feet when passing a cyclist. Failure to do so can result in a reckless driving charge and liability if an accident occurs. If a driver violates this law and injures a cyclist, the cyclist may have grounds for a personal injury claim.
Right-of-Way and Traffic Laws
Cyclists must obey all traffic signals, stop signs, and lane usage laws, just like motor vehicle drivers. If a cyclist violates a traffic law and gets into an accident, this could affect their ability to file a personal injury claim against any motorists involved in the crash. However, drivers who fail to yield the right-of-way to cyclists or break other traffic laws during a collision may be held liable for the accident.
Comparative Negligence Law
Nevada follows a modified comparative negligence system. This means that if a cyclist is partially at fault for an accident, their compensation is reduced by their percentage of fault. However, as long as the cyclist is less than 51% responsible, they can still recover damages. For example, if a cyclist is found to be 20% at fault in an accident and the total damages amount to $100,000, their compensation would be reduced to $80,000.
Economic Damages
Economic damages cover the tangible financial losses resulting from a bicycle accident. These damages have a dollar figure and are typically supported with evidence like medical bills, receipts, and pay stubs.
Medical Expenses
Medical care is one of the most significant expenses associated with bicycle accident injuries. Cyclists often suffer severe injuries in collisions with motor vehicles, and these injuries typically require expensive, ongoing care.
Victims of such accidents may seek compensation for emergency room visits, hospitalization, surgeries, physical therapy, rehabilitation, prescription medications, psychological counseling, and all other medical care related to the injury.
For instance, a cyclist who suffers a traumatic brain injury (TBI) may require years of medical care, including occupational therapy and specialist visits. These expenses can be factored into the settlement or court-awarded damages. Severe injuries may also require prosthetics, in-home medical care, or home modifications, such as wheelchair ramps or specialized equipment.
Lost Wages and Loss of Earning Capacity
If a cyclist is unable to work due to their injuries, they may be entitled to recover lost wages. If the injuries result in long-term disability that affects future employment prospects, the victim can also claim loss of earning capacity. This is especially important for individuals in physically demanding professions who may no longer be able to perform their jobs at the same level.
Property Damage
Injured cyclists may seek damages for bicycles, helmets, and other personal property damaged in the accident. For example, a $5,000 racing bike destroyed in a collision can be reimbursed based on market value or repair costs. In addition, cyclists may recover the cost of broken smartphones, damaged clothing, or other personal belongings that were lost in the crash.
Other Out-of-Pocket Expenses
Victims may also recover compensation for additional expenses related to their injuries, such as:
- Transportation to medical appointments
- Hiring in-home care for daily tasks
- Home modifications for permanent disabilities
- Childcare costs if the victim is unable to care for their children due to their injuries.
Non-Economic Damages
Non-economic damages cover intangible losses that affect a victim’s quality of life.
Pain and Suffering
Victims may seek compensation for the physical pain they’ve suffered due to their injuries, including chronic discomfort and long-term health complications. The severity and duration of the pain are both factored into the compensation amount.
Emotional Distress and Mental Anguish
Many bicycle accident victims suffer from PTSD, anxiety, or depression following their accidents. For example, a cyclist who previously commuted daily by bike may now suffer from severe anxiety about riding in traffic. Sleep disturbances, mood changes, and social withdrawal are common among accident survivors, and compensation may be awarded for these struggles.
Loss of Enjoyment of Life
If an injury prevents a victim from engaging in hobbies, exercise, or social activities they once enjoyed, they may seek damages for diminished quality of life. For example, an athlete who can no longer compete could be compensated for this significant lifestyle change.
Disfigurement and Permanent Disability
Severe bicycle accidents can cause scarring, amputations, or mobility impairments that affect a person’s self-esteem and daily functioning. Compensation is available for these damages, especially when permanent physical changes lead to emotional trauma or a need for long-term medical support.
Punitive Damages
Punitive damages are awarded in cases where the defendant’s conduct was particularly reckless, such as in DUI-related accidents or hit-and-runs. Nevada law (NRS 42.005) places limits on punitive damages but allows higher awards in cases involving egregious negligence. For example, if a driver was intoxicated and speeding when they struck a cyclist, a court may award punitive damages to punish the driver and deter similar reckless behavior in the future.
The Role of Insurance in Bicycle Accident Claims
If you wish to pursue financial compensation after a bicycle accident, you will need to file an insurance claim. Here is an overview of how insurance works in bicycle accident claims.
Auto Insurance Policies and Cyclist Coverage
If a driver is responsible for causing a bicycle accident, the cyclist may be able to file a claim through the driver’s auto insurance policy. This could include compensation for medical expenses, lost wages, and property damage. Additionally, cyclists may be able to file a claim under their own insurance policy if the at-fault driver does not have sufficient coverage.
Health Insurance and Medical Bills
Cyclists with private health insurance may also use their policies to cover medical bills, although they may still file a claim against the at-fault driver to recover additional costs not covered by insurance, such as lost wages or pain and suffering.
Homeowners or Renters Insurance
Homeowners’ or renters’ insurance may also be used to cover the costs of some bicycle accidents, especially in cases where the accident occurs on private property or is caused by an unsafe property condition.
Common Defenses Used by Insurance Companies
When filing a bicycle accident claim, victims should be aware that insurance companies may employ one or multiple common defenses to minimize the amount they must pay. These tactics can be frustrating to deal with, but knowing what to expect can help you be better prepared for your case.
Claiming the Cyclist Was at Fault
The insurance company may allege that the cyclist was partially or entirely responsible for the accident. They may argue that the cyclist was violating traffic laws, such as running a red light or riding on the wrong side of the road.
You can combat this defense by providing sufficient evidence of the motorist’s negligence. Witness testimony, accident reports, and surveillance footage can all be used to prove the driver’s fault and the cyclist’s proper conduct.
Downplaying the Severity of Injuries
Insurance companies often try to downplay the extent of a cyclist’s injuries to reduce the payout. They may argue that the injuries are not as severe as claimed or that medical treatment was unnecessary. In some cases, they may claim that the injuries were pre-existing or that the victim exaggerated their symptoms.
Thorough and detailed medical documentation is key to countering this defense. A complete medical history can be used to establish a direct link between the accident and injuries. Additionally, medical experts may be called upon to testify regarding the severity of the injuries and the required course of treatment.
Delaying or Denying Claims
Insurance companies often delay or deny claims outright, hoping that victims will give up or accept a lower settlement offer. They may do this by citing various reasons, such as missing documentation or disputing the cause of the accident. In some cases, they might even argue that the claim falls outside the scope of the policy.
It’s important to stay vigilant during the claims process. Keep track of all correspondence, medical records, and documentation. If your claim is delayed or denied without reasonable grounds, consider hiring a Las Vegas bicycle accident lawyer to guide you through the claims process and hold the insurer accountable.
Offering a Lowball Settlement
Insurers often offer settlements that are much lower than what the victim is entitled to. Many bicycle accident victims face financial hardships due to their injuries, and insurance companies hope that these victims will accept the quick payout instead of pursuing a larger, fair settlement. These lowball offers may fail to cover all medical expenses, lost wages, and other damages suffered due to the accident.
You should never accept a settlement offer without first consulting an attorney. An experienced lawyer can help you determine whether the offer is fair and guide you on whether pursuing further negotiation and litigation is the better course of action.
Proving Damages in a Bicycle Accident Case
To secure fair compensation, you will need to provide solid evidence of the damages you’ve suffered due to the bicycle accident.
Gathering Evidence
The quality of evidence can make or break a case. The more evidence you have to support your claim, the better your chances of recovering fair compensation. Key pieces of evidence may include:
- Medical Records and Doctor’s Statements: Detailed records from doctors, hospitals, physical therapists, and other medical professionals can help prove the extent and nature of your injuries. Be sure to keep a comprehensive record of all treatments, diagnoses, medications, and therapies.
- Eyewitness Testimony and Accident Reports: If there were witnesses to the accident, they could be asked to testify to prove who was at fault. Police reports and accident reconstruction documents can also provide a clear picture of the events.
- Surveillance or Dashcam Footage: Video footage from nearby security cameras, dashcams, or traffic cameras can provide indisputable evidence of how the accident occurred.
Expert Witness Testimony
In some bicycle accident cases, expert witnesses are brought in to provide specialized knowledge on specific aspects of the case.
Medical professionals can testify regarding the long-term effects of your injuries and how they affect your daily life. They can also explain the medical procedures you’ve undergone and any future treatments that may be necessary.
Accident reconstruction experts use scientific methods to analyze the accident and determine the cause. They can present an unbiased reconstruction of the events that led to the accident, which can be used to prove fault.
Time Limits for Filing a Bicycle Accident Lawsuit in Nevada
In Nevada, the statute of limitations for filing a personal injury lawsuit is generally two years from the date of the accident. If you have recently been injured in a bicycle accident, you should act quickly to avoid missing out on your right to seek financial compensation for your injuries.
Learn More From Our Las Vegas Bicycle Accident Lawyers
Have you recently been injured in a bicycle accident in Las Vegas? At the Cottle Firm, our Las Vegas bicycle accident lawyers help cyclists fight for the financial compensation they deserve for accidents caused by negligence. Give us a call today at 702-722-6111 to discuss your potential bicycle accident claim in a free consultation.