With year-round warm weather, beautiful desert landscapes, and the bright lights of Las Vegas, Nevada is a great place to live as a motorcyclist. However, like in any other locale, motorcyclists are also at a higher risk of suffering serious injuries when they get into accidents. Many motorcycle accidents are preventable and only happen due to the negligence of another motorist.
If you or a loved one has been injured in a motorcycle accident caused by negligence, you may seek financial compensation through a personal injury lawsuit. Contact the experienced Las Vegas motorcycle accident lawyers of the Cottle Firm to learn more about your legal options.
Motorcyclists, cyclists, and pedestrians are all considered “vulnerable road users”, as they are more prone to serious injuries in any type of traffic collision. These three groups are more vulnerable because they lack the exterior protection of a car or truck.
According to the National Highway Traffic Safety Administration (NHTSA), over 80 percent of all reported motorcycle crashes involve injury or death to the motorcyclist. When motorcyclists are involved in a collision, they absorb the impact directly, while a car’s outer body typically absorbs a significant portion of the impact. In addition, cars offer protection via airbags and seatbelts, which motorcycles lack.
Motorcycles are also much less visible than cars and trucks, which makes riders more vulnerable. In many collisions between motorcycles and automobiles, the other driver did not see the motorcyclist, often because they were in the driver’s blind spot.
The state of Nevada follows a legal principle called comparative negligence (also known as shared fault), meaning that more than one driver can be assigned a percentage of fault for the role they played in the crash. You may only seek financial compensation through a personal injury lawsuit or insurance claim if you were less than 50 percent at fault for the crash.
If the court determines that you were partially at fault for the crash, you can still file a personal injury lawsuit as long as the other driver was deemed more than 50 percent responsible. However, the amount of financial compensation available to you will be adjusted based on your percentage of fault.
For example, let’s say that a jury determines you suffered a total of $100,000 in losses due to injuries suffered in the crash. However, you were also determined to be 20 percent responsible for the crash. Your total award would then be reduced by 20 percent, to $80,000 in damages.
The National Highway Traffic Safety Administration (NHTSA) reports that motorcyclists are approximately 22 times more likely than passenger vehicle occupants to suffer fatal injuries per vehicle mile traveled. Even when wearing protective gear, riders can suffer life-altering injuries that require extensive medical care and rehabilitation. Here are some of the most common motorcycle injuries in Las Vegas.
Traumatic brain injuries (TBIs) are among the most serious motorcycle injuries. Even with a helmet, the force of impact can cause the brain to move violently within the skull. TBIs can result in cognitive impairments, memory loss, personality changes, and motor function difficulties.
According to the Centers for Disease Control and Prevention (CDC), TBIs are a leading cause of disability in the United States, with motorcycle crashes contributing significantly to these statistics. In severe cases, a TBI can leave a rider in a coma or with permanent neurological issues that require lifelong care.
Damage to the spinal cord in a motorcycle accident can have catastrophic consequences. A direct impact on the spine can sever or compress the spinal cord, which can cause partial or complete paralysis. Quadriplegia (paralysis from the neck down) and paraplegia (paralysis of the lower body) are common outcomes when the spinal cord is severely injured.
Spinal cord injuries carry a significant financial burden. Victims may require emergency medical care, surgery, rehabilitation, and long-term assistive care. According to the National Spinal Cord Injury Statistical Center, the average lifetime direct costs for someone who suffers a spinal cord injury at 25 range from 2.1 to 5.4 million dollars.
Motorcyclists often suffer broken bones due to the force of impact during a crash. The most commonly fractured bones include the arms, legs, collarbones, and ribs. In many cases, riders instinctively extend their arms to brace for impact, which leads to fractures in the wrists and forearms. Leg fractures are also common, especially when the motorcycle tips over onto the rider.
Severe fractures may require surgeries involving metal plates, screws, or rods. Victims may also require prolonged physical therapy to regain mobility. Compound fractures, where the bone pierces through the skin, can increase the risk of infection and complications.
Riders suffer road rash when they are thrown from their motorcycles and slide across the pavement. Road rash can result in deep skin abrasions, muscle exposure, and severe infections if not treated properly. In some cases, debris and dirt from the road can become embedded in the skin, which requires painful debridement procedures.
Without protective gear, riders are also at risk of deep lacerations that can damage nerves, tendons, and blood vessels. This can lead to permanent scarring and limited mobility. Skin grafts or reconstructive surgery may be necessary for severe cases of road rash.
Blunt force trauma from a motorcycle accident can cause internal bleeding and organ damage, even if there are no visible external wounds. Injuries to the liver, spleen, kidneys, or lungs can be life-threatening and may require emergency surgery.
Some internal injuries have delayed symptoms, and some riders may not realize they are severely injured until hours or even days after the crash. If left untreated, internal bleeding can lead to shock, organ failure, or death. Riders should always seek immediate medical treatment after an accident so that medical professionals can discover internal injuries with delayed symptoms.
Many motorcycle accident victims face lasting physical, emotional, and financial burdens.
Even after injuries heal and surgeries are completed, many riders suffer chronic pain that persists for years, or even permanently. Nerve damage, joint injuries, and musculoskeletal trauma can lead to ongoing discomfort, stiffness, and reduced mobility.
Conditions like complex regional pain syndrome (CRPS) can develop and make everyday tasks painful and difficult. Some injuries result in permanent disabilities that prevent victims from returning to their previous jobs or participating in activities they once enjoyed.
The financial impact of a serious motorcycle injury can be overwhelming. Hospital stays, surgeries, rehabilitation, and ongoing treatments can add up to unmanageable medical debt. Victims of permanently disabling injuries can spend hundreds of thousands, or even millions, on medical expenses over their lifetime. Many victims also face lost wages due to extended recovery periods or permanent disabilities that prevent them from returning to work.
The psychological toll of a motorcycle accident can be just as debilitating as the physical injuries. Studies show that accident survivors who endure traumatic injuries are at a higher risk for long-term mental health struggles. Many victims suffer from post-traumatic stress disorder (PTSD), anxiety, and depression after a crash. Flashbacks, nightmares, and an intense fear of riding again are common.
For some riders, life after a motorcycle accident is never the same. Mobility limitations, chronic pain, and cognitive impairments can make riders less independent, and daily activities may become challenging. Relationships with family and friends may change as victims rely on others for assistance with basic tasks. Recreational activities that once brought joy may no longer be possible. Adjusting to this new way of life can be exceedingly difficult.
Nevada follows a fault-based system for liability in motor vehicle accidents, meaning the party responsible for causing the crash is responsible for covering the damages. However, proving fault in a motorcycle accident requires a thorough investigation, as multiple parties may share liability.
While another driver is often at fault in motorcycle accidents, other parties may also be deemed liable in some cases. Potentially liable parties include:
An experienced Las Vegas personal injury lawyer can evaluate your case and determine who could potentially be liable for your crash.
If you or a loved one has been injured or killed in a motorcycle crash, an experienced motorcycle accident lawyer can help you seek financial compensation for the damages you have suffered. This includes compensation for medical bills, lost wages, pain and suffering, and all other economic and noneconomic damages.
Following a motorcycle accident or any other type of auto accident, the injured party will need to file an insurance claim. If another party was at fault for the crash, the claim will be filed with that driver’s insurer. Insurance is available to cover damages suffered, but insurance companies often offer lowball settlements that do not adequately cover all damages.
An experienced motorcycle accident lawyer understands the claims process and how to negotiate with insurance companies. They can help their clients seek a fair settlement, and if necessary, file a personal injury lawsuit for additional damages.
Your lawyer can evaluate all of the circumstances of your case and work towards building evidence of negligence. This evidence can be used to negotiate a settlement or to argue the case in court if the other side does not agree to a settlement.
Yes, the Nevada Helmet Law requires helmets for all drivers and passengers on motorcycles, mopeds, and tri-mobiles that have handlebars and saddle seats. They are not required on three-wheeled vehicles that have enclosed cabs and that are equipped with steering wheels instead of handlebars. The helmet must also be approved by the U.S. Department of Transportation.
Motorcyclists who do not wear helmets may be charged with a civil infraction, which can carry a fine and two demerit points by the Nevada Department of Motor Vehicles.
It is generally best to consult an experienced personal injury lawyer before accepting any insurance company settlement offer. Insurance companies are big businesses with profits as their main motive and often offer unfairly low settlements to minimize costs.
While accepting the settlement may be tempting to resolve the case faster, you are also at risk of receiving insufficient financial compensation for the damages you have suffered. A motorcycle accident attorney can evaluate the offer and negotiate with the insurance company for a better settlement if they believe the current offer is unfair.
Your actions in the aftermath of a motorcycle accident are key, both for your health and for your future claim. Consider following these steps:
