Henderson’s roadways can be dangerous, especially for motorcyclists. Even if you consistently drive safely, you could be injured in a preventable accident caused by the negligence of another motorist. Motorcyclists are especially vulnerable to severe injuries when they are involved in collisions with other motor vehicles.
If you were recently injured in a Henderson motorcycle crash, the team of dedicated Henderson motorcycle accident lawyers at the Cottle Firm is here to help. We represent victims of accidents caused by negligence, helping them seek the full financial compensation they deserve for the damages they have suffered. Contact the Cottle Firm today at 702-722-6111 to learn more about your legal rights after a motorcycle accident in Henderson, Nevada.
What Are the Most Common Causes of Motorcycle Accidents?
Motorcycle accidents have numerous causes, but most occur either due to negligence by another motorist, motorcyclist error, or road hazards. If the accident occurred due to no fault of the motorcyclist, they may have grounds for a personal injury claim against either another negligent motorist or a third party responsible for the hazard that caused the accident.
Motorist Negligence
Negligence is a common factor in most traffic accidents, whether or not a motorcycle is involved. All motorists are legally obligated to adhere to traffic laws and drive safely to avoid putting others at risk of preventable accidents and serious injuries.
Safe driving practices are a key responsibility for motorcycle owners, but even responsible bikers can end up getting involved in an accident caused by the negligence of another motorist. When motorists fail to meet this legal obligation and cause an accident, those injured in the crash may have grounds for a personal injury claim against them based on negligence.
At the Cottle Firm, our Henderson motorcycle accident lawyers often see cases involving the following types of negligence:
- Driving under the influence (DUI) of alcohol or drugs
- Speeding
- Failure to yield
- Failure to follow traffic signs or traffic control devices, such as running a red light
- Motorists following motorcycle riders too closely
- Aggressive driving
- Distracted driving
- Failure to check for others on the road before making a left-hand turn
Motorcyclist Errors
Like all other motorists, motorcyclists have a legal duty to drive safely. Several safe driving practices are unique to motorcyclists, which are necessary for minimizing the risk of being involved in an accident.
Some motorcycle-involved crashes occur due to the motorcyclist failing to follow these safety standards. Common forms of dangerous riding that can lead to an accident include speeding, weaving between traffic, and driving under the influence.
Road Hazards
Even relatively minor road hazards that won’t affect cars and trucks can easily cause a motorcyclist to lose control of their vehicle and crash. Some of these crashes occur due to the negligence of a third party, who could potentially be held liable for damages.
For example, let’s say a commercial truck driver fails to properly secure his cargo load, and a piece of this cargo falls off into the roadway. A motorcyclist then crashes into the object. In this example, the motorcyclist could have grounds for a personal injury claim against one or more third parties, including the driver or their employer.
Some common road hazards that can easily cause a motorcycle accident include:
- Gravel – When motorcyclists hit gravel, they can easily be thrown off balance and crash. This is an especially common problem when encountering gravel during sharp turns.
- Debris – In addition to gravel, various other types of debris can cause a motorcycle crash. Common examples include pebbles, fallen branches, or pieces of tire.
- Edge breaks – An edge break occurs due to an irregular road surface, most commonly on worn roadside shoulders. If a motorcyclist goes over an edge break at a bad angle, they can lose control and crash.
- Wet or slick road surfaces – Spilled liquids – such as oil or antifreeze – can make roadways slippery, putting motorcyclists and other types of motorists at a higher risk of an accident.
Cars Turning Left
According to data from the National Highway Traffic Safety Administration ( NHTSA), a staggering 42 percent of fatal motorcycle crashes involving other vehicles involved the other vehicle making a left-hand turn as the motorcycle was either driving straight ahead or passing or overtaking another vehicle.
Motorists can reduce their risk of being involved in a left-hand turn motorcycle crash by checking both their rear and side-view mirrors to make sure their blind spots are clear. If a driver’s view is obstructed when turning at an intersection, they should wait until they can see past the obstruction and check for roadway occupants (motorcyclists, pedestrians, cyclists, and other cars) before turning.
Many left-hand turn crashes occur due to negligence, such as failing to check blind spots. In such cases, the injured motorcyclist may have grounds for a personal injury claim.
Why Are Motorcyclists More Likely to Suffer Severe Injuries?
Motorcyclists are especially vulnerable to suffering severe or fatal injuries when involved in a traffic accident. According to the NHTSA, motorcyclists represented 14% of all traffic deaths in the United States in 2021.
Motorcyclists, bicyclists, and pedestrians are all more likely to suffer severe injuries because they do not have the same exterior protection as drivers of cars and trucks. Motorcycles also lack the standard safety features of cars and trucks, such as seatbelts and airbags.
Motorcycle riders are also much less visible to other motorists. In a significant number of crashes involving both motorcycles and cars, the motorist failed to notice the motorcyclist, frequently because they were situated in the car’s blind spot.
Should I Hire a Henderson Motorcycle Accident Lawyer?
If you believe that your Henderson motorcycle accident was not your fault, but the fault of a negligent motorist or third party, you may want to explore your legal options. An experienced Henderson motorcycle accident lawyer can review your case and look for evidence of negligence. If this evidence is found, the lawyer may advise taking legal action against the negligent party by filing a personal injury claim.
From there, your lawyer can provide valuable legal guidance through the entire legal process. Some of the key ways a lawyer can help include:
- Investigate the case and gather evidence for your claim, such as medical records, photos and evidence from the scene, footage of the crash, vehicle repair records, and witness statements.
- Help you defend against insurance company attempts to blame you for the crash
- Negotiate settlements with the negligent party and their insurance company
- Take the claim to trial if a fair settlement cannot be reached
FAQ
Can I File a Personal Injury Claim If I Was Partially At Fault?
Nevada uses a comparative negligence standard when evaluating fault in traffic accidents and other personal injury cases. Each party involved in the crash is evaluated to determine whether they contributed to the crash due to negligence. A percentage of fault is then assigned to each party.
According to Nevada Law, you may still file a personal injury claim if you were less than 50 percent responsible for the accident. For example, let’s say you were speeding at the time of the crash, but the motorist who struck you made an illegal turn. The court determined that you were 25 percent at fault for speeding, while the other driver was 75 percent at fault.
In this situation, the amount of financial compensation you receive is reduced by your portion of the fault. So if you were awarded $100,000 in compensation, the final amount would be reduced by 25 percent, to $75,000.
Should I Talk to the Other Driver’s Insurance Company After a Motorcycle Accident?
Following an auto accident, it is common for an insurance company to contact other parties involved in the crash. But in most cases, it is best to avoid giving a statement. Insurance adjusters often use tactics and strategies designed to elicit statements that admit fault, which could prevent you from securing financial compensation in a personal injury claim.
If you are filing a claim against the other driver’s insurance company, some communication will be necessary. However, we advise hiring an experienced motorcycle accident attorney, as they can deal with the insurance company on your behalf. In addition, you will need to contact your own insurance company shortly after the crash and cooperate with their investigation.
What Should I Do If the Other Driver Was Uninsured?
Recovering compensation after a crash with an uninsured negligent driver can be complicated, but it is still possible. In a normal motorcycle accident case, a claim is filed against the at-fault driver’s insurance policy. If the driver was uninsured, you may still file a personal injury lawsuit against that driver and may be able to recover financial compensation from their assets, rather than their insurance policy.
Additionally, your insurance policy should cover a significant portion of the damages. Nevada law requires motorcycle riders to maintain at least $25,000 in coverage for bodily injury liability, but it may be wise to purchase a larger policy to ensure that your damages are covered in the event of a crash.
Learn More From Our Henderson Motorcycle Accident Lawyers
If you or a loved one has recently suffered severe or fatal injuries in a motorcycle accident, the dedicated Henderson motorcycle accident lawyers at the Cottle Firm understand the struggles you’re facing. We are prepared to help you and your family fight for the financial compensation you deserve for all damages suffered, such as medical bills, lost wages, pain and suffering, and more. Contact the Cottle Firm today at 702-722-6111 to learn more about filing a personal injury claim for a motorcycle accident in Henderson.