Better With Bay
Motorcycle accidents often result in serious injuries that can be life-threatening, require extensive treatment, and lead to a mound of medical bills. If you are injured in a motorcycle accident that was someone else’s fault, you want a team of experienced Las Vegas motorcycle accident lawyers on your side.
One of the most important considerations when choosing a Las Vegas motorcycle accident attorney is how much experience they’ve had. You want someone on your side who knows the local and state laws, and who has helped other people in similar situations. We know what it takes to build a strong case that gets results.
Scheduling a consultation with Bay Law Accident Attorneys should be one of the first things you do after a serious accident. You will meet with Las Vegas motorcycle accident attorneys that understand what you are going through and genuinely want to help you be compensated for the damages done. We know that every case is different, and every person who is injured in an accident has unique needs. We will devote ourselves fully to addressing your concerns and using all our resources to gather evidence to support your claim.
You can trust Bay Law Accident Attorneys to give you the personal attention you need. We give our all to every client and prioritize every client, you’re not just a number to us. We have aligned interests with our clients — the sooner we get a resolution to your claim, the faster you can begin getting better and moving forward with your life.
Do I Need a Motorcycle Accident Attorney?
Filing a claim for your motorcycle crash might seem straightforward, but issues can arise that complicate the process. Although it might seem obvious that the other driver was at fault, motorcycle accidents can be complex. For instance, the at-fault driver’s insurance company might claim that you were at least partially to blame. Another common issue is that insurance companies are notorious for making lowball offers to try and pay less. Your attorney must address these challenges with evidence to back up your statements about what happened.
It is imperative to retain Las Vegas motorcycle accident attorneys right after your accident. The sooner they investigate the accident and gather evidence, the less likely it is to disappear. Witnesses can forget the details of a wreck over time. You want to preserve evidence that will prove that the other driver was liable for the accident.
Our motorcycle accident attorneys reach out to other professionals like an accident reconstructionist to help build a solid case. They will analyze medical records, police accident reports, and witness testimony. Your legal team will support you throughout the claims process or in court if needed. They work with you and for you to get the compensation you need to recover fully.
Steps to Take
After a Motorcycle Crash
in Las Vegas
Everything that you do and don’t do after a serious motorcycle accident is important. You need to protect your physical and mental health as well as the strength of your claim. Also seek immediate medical attention for any injuries you have and continue treatment as recommended by your doctors. Gaps or delays in treatment can hurt your case.
- Call the Police and File a Police Report
- Seek Medical Attention
- Request Copies of Your Medical Records
- File an Insurance Claim Right Away
- Watch What You Say
- Know When to Say No
Call the Police and File a Police Report
Nevada laws require motorists to file a report after a motorcycle accident when there is more than $750 in damages to a vehicle, bodily harm, or death. Failing to file a report with the police can result in the suspension of your driver’s license for up to one year.
The police may respond to the accident after someone else’s call. If they show up at the scene, you do not have to call 911 or report the accident to law enforcement later. The responding officers will generate a report when they come to the scene. If the police don’t respond, you can still make a report at the police station. It is always better to call the police after an accident even when the conditions don’t demand it. They can investigate the scene of the accident and record any important details for later use. Once the events are recorded, the person who is at fault can’t change their story later.
While the police opinion of who is at fault is not permitted as evidence in court, some of the information included in their report is. Police reports often help settle Las Vegas motorcycle injury cases without litigation. This is a better outcome for everyone since there are no court costs and your case gets resolved faster.
Seek Medical Attention
If your injuries are serious, you will be transported to the hospital or trauma center by ambulance. Someone else will probably make the call to 911.
If you aren’t in pain or you don’t have any signs of an obvious injury, you should still seek treatment. The stress of an accident causes your body to release adrenaline, which masks the pain. You might not experience symptoms for hours or even days after the accident happens.
You should request an extensive medical examination to determine the full extent of your injuries. Explain to the medical personnel that you have been in a motorcycle crash and that you need to be examined for injuries. Make sure they include all of the information in your medical record. Your medical record will play an important role in filing an insurance claim, especially if your injuries grow worse over the next few days.
Request Copies of Your Medical Records
Tell the doctor’s office or clinic the reason for your visit. Share any concerns that you have and be honest about any pain no matter how minor. This information tells them what diagnostic tests they need to perform on you and which types of injuries to look for. Informing the medical staff of the reason for your visit also helps to make sure the medical staff take proper notes and annotate the file and medical records accordingly.
Before leaving the doctor’s office or clinic, request a complete copy of your medical records. If they aren’t immediately available, ask when and how you can obtain them. Your medical records are vital evidence in your insurance claim. If your case proceeds to court, your Nevada motorcycle accident attorneys will use your medical records to prove the severity of your injuries. Seeking immediate medical care shows that your injury happened at the time of the accident and that you took them seriously.
Follow the advice of the medical provider. Take any prescribed medications and go to any follow-up appointments with them or with other specialists they refer you to. If you neglect your treatment, the other side will use the lack of medical treatment to discredit your claim.
File an Insurance Claim Right Away
Nevada is a fault liability state, meaning that the person who is at fault for a motorcycle accident is responsible for paying damages and injuries. When you are injured in a motorcycle wreck, you can file an insurance claim with your own insurer or with the at-fault driver’s insurance company. If you file with your insurer, the at-fault driver is still liable for your compensation. Your insurer will file for reimbursements from the other driver’s insurance company.
Don’t wait to file your claim. Some insurance companies have deadlines for how long after the accident you can file a claim. Failing to meet the deadline can result in your claim getting denied.
Watch What You Say
You pay your premiums, and you’ve never made a claim on your policy before. You expect your insurance company to follow through with the payment when it’s your time to file a claim. Although insurance companies make it sound like they’re there for you when you need them, their top priority is always saving their company money.
You must watch what you say when talking with the representative of your insurance company and do not talk to the other party’s insurance representatives without your attorney present. Insurance agents are looking for a reason to devalue your claim. Avoid giving specifics about the accident or your injuries. Instead, focus on the basics including:
- When and where the accident happened
- A basic description of what happened
- Whether you have already sought medical treatment or plan to
Do not give them information about your injuries or medical treatments. They can misconstrue what you say and use it against you. Your medical records will provide evidence about the severity of your injuries and the projected costs of treatment.
Don’t volunteer your opinions about the motorcycle crash, especially any concerns about whether you were partly at fault. It’s best to leave these discussions to the Las Vegas motorcycle accident lawyers handling your case. They know how insurance companies work and the tactics they use to keep from paying you a fair settlement.
Know When to Say No
The insurance adjuster might call you soon after the crash and ask questions about the accident, your treatment, or your insurance claim. Answering a simple question can hurt your insurance claim. Tell the adjuster that you decline to answer and refer them to your motorcycle accident attorney.
24 Hours A Day, 7 Days A Week
To Schedule An Appointment.
If you’re not able to travel to our office, we are willing to meet with you at your home or hospital to discuss the way forward. We have already recovered over $2 billion for our customers and look forward to assisting you too.
Motorcycle Accident FAQs
01. Do I have to wear a helmet?
Laws about wearing motorcycle helmets vary from state to state. Nevada state law requires drivers and passengers on motorcycles, mopeds, and tri mobiles with handlebars and saddle seats to wear helmets. The exception is three-wheeled vehicles with enclosed cabs that have a steering wheel in place of handlebars.
In addition, the helmets must meet the Department of Transportation standards. Motorcyclists must also wear protective glasses, goggles, or a face shield if the motorcycle isn’t fitted with a transparent windscreen.
Failing to wear a helmet while riding a motorcycle can result in getting a $205 traffic ticket and being charged with a misdemeanor. It can also cause serious injuries such as whiplash, traumatic brain injury (TBI), broken facial bones, or a fractured skull.
If you aren’t wearing a helmet at the time of a motorcycle crash, it can result in your being partially at fault for any injuries. It could greatly reduce the amount of compensation you get for another person’s negligence. If you are found more than 50% at fault, you won’t receive any compensation at all.
02. What should I do after a motorcycle accident?
Follow the same basic steps as you would follow after a car accident. If possible, get off the road and out of the way of traffic. If you have serious injuries, have someone else call 911. Take pictures of the accident scene, your injuries, your motorcycle, and any other vehicles involved. Exchange contact and insurance information with the other driver. Also, get the names and phone numbers of any witnesses. Contact the police and make sure they come to the scene and make a police report.
Ask witnesses to make a written statement on what they saw. Getting the details right after the accident will prevent them from changing their story later. Once the police arrive, they will gather information about the accident and create a police report. You can request a copy of the report by letter or pick it up in person at the Records and Fingerprint Bureau in Las Vegas. Make sure you have the required documentation for whichever method you use.
Even if you don’t feel like you have serious injuries, go to a hospital or clinic for a medical evaluation. Some injuries don’t cause pain for hours after the accident occurs. If you believe someone else was at fault for the crash, contact a motorcycle crash attorney for an evaluation of your case.
03. Who’s at fault for your motorcycle accident?
It is usually the other driver who causes a motorcycle crash, but the actions of both drivers are considered in determining fault. Pedestrians or the motorcycle manufacturer might also be liable. Nevada follows a modified comparative rule that allows for more than one party to be held liable for a crash. In order to collect compensation, you can’t be more than 50% at fault for the wreck.
Determining the degree of fault is subjective in a court case. The motorcycle accident attorneys working on your case will assess who is to blame. The other party might try to shift some or all of the blame on you even if you did nothing wrong. You need evidence to support your claim that the other party was at fault and that they are liable for your injuries.
If you believe you are partially to blame for the accident, don’t admit your feelings to the insurance companies. Talk with a Las Vegas accident lawyer before discussing anything with anyone on the other side. Even if you share a percentage of the liability, you can still receive compensation for your injuries.
04. What if the insurance company does not cooperate with my claim?
Insurance companies that intentionally deny or delay paying your claim when they otherwise should are acting in “bad faith.” These companies have laws and regulations that they must abide by just as drivers do. If the insurance company isn’t cooperating with your claim, you have the right to hire an attorney and sue the insurance company.
Using ambiguous language is one of the tactics insurance companies employ to prevent paying larger claims. The law requires the insurer to show the court that the exclusion isn’t included in the insured’s policy.
When insurance companies act in bad faith, they are subject to punitive damages. These are funds that they must pay to you as punishment for their behavior. You must show that their refusal to pay your claim caused you serious injury in some way, such as not having access to necessary treatment or losing your job due to having no vehicle to drive to work.
If you believe the at-fault driver’s insurance company is acting in bad faith, contact the Las Vegas motorcycle lawyers at Bay Law Accident Attorneys. We will make sure the insurance company pays you the compensation you deserve.
05. What is the value of my claim?
Every motorcycle wreck is different. Your injuries and the impact they have on your life will determine in part the types of injuries you might get from a motorcycle accident in Las Vegas. Some of the types of damages awarded in Nevada include:
- Medical expenses both current and future
- Loss of wages
- Pain and suffering
- Loss of enjoyment of life
- Loss of earning capacity
- Property damage
- Disability accommodations
- Vocational rehabilitation
- Wrongful Death
If you have lost a loved one in a motorcycle accident, you might have the right to file a wrongful death claim on their behalf. Contact a Las Vegas wrongful death attorney for an evaluation of your case.
Sometimes the court awards punitive damages when the at fault driver is especially heinous in their actions. For example, the at-fault driver might have deliberately hit the motorcycle or failed to yield the right of way. Punitive damages are often much larger than compensatory damages as they are used to punish the person for their behavior.
The value of your claim depends on several factors. An attorney can help you determine the types of damages to pursue in your motorcycle accident lawsuit.
06. I am out of work and not earning wages, will this impact my claim?
If you aren’t working at the time of the motorcycle accident, it could impact the amount of compensation you receive. Since you won’t lose wages because of your injuries, you can’t receive compensation for time missed at work.
If you are self-employed or work freelance, your injuries might prevent you from earning future wages. If you aren’t working because you are waiting for your next job, you might be able to collect compensation for future wages. You must have the documentation to support your case and present it to the insurance company or the court.
If you were already on SSDI (Social Security Disability Insurance) benefits when the accident happened, it could complicate your case. If it is for a breathing condition like COPD (Chronic Obstructive Pulmonary Disease), then it won’t affect your claim for an injured back. However, if you have a pre-existing back injury and you receive a second back or spine injury, the insurance companies will try to dismiss your claim.
It is imperative to have Nevada motorcycle accident attorneys in your corner. You need the maximum damages available to you so that you can get well. Bay Law Accident Attorneys will fight aggressively to prove your injuries are related to the motorcycle and get you the compensation you deserve.
07. How do most motorcycle accidents occur?
There are many reasons that accidents involving motorcycles happen. In the majority of motorcycle crashes, it is the fault of the other driver and not that of the motorcyclist. Some of the most common cases are:
Head-on collisions: Motorcycle collisions with another vehicle are most often head-on. Vehicles sometimes veer in the opposite lane and collide with a motorcycle from the oncoming direction. If a vehicle swipes the bike from the side, it can cause it to crash into another oncoming vehicle. A head-on collision can happen if the driver is distracted or impaired, speeding, or dodging obstacles or animals on the road. Sometimes environmental factors play a role when hard rain or black ice causes the vehicle to hydroplane.
Left-hand turns – Vehicles often strike motorcycles while making left-hand turns. The motorcycle might be going straight through the intersection or passing the car.
Lane splitting – Lane splitting is when a motorcyclist rides between two lanes of traffic going in the same direction. It allows the motorcycle rider to get through traffic faster. The risk comes from vehicles changing lanes and potentially not seeing you.
Lane splitting isn’t the same thing as two motorcycles sharing the same lane.
Can two motorcycles share the same lane in Nevada? Yes, if both riders agree to share it. The motorcyclist has the right to use the entire lane.
Is lane splitting legal in Nevada? No. Motorcycles cannot share a lane with a passenger vehicle whether they are driving on an open road, in traffic, or passing the vehicle.
Speeding and alcohol use: Alcohol is a prominent factor in serious motorcycle accidents. When the driver of another vehicle is drinking, they might be speeding or driving slower than usual. Alcohol delays their coordination and perception, making them believe that they are going much faster or slower than they really are. It takes them longer to make turns, change lanes, or stop and go at traffic lights. An intoxicated driver is less likely to see you on your motorcycle, increasing the risk of a motorcycle accident.
Hitting a stationary object: When fixed objects aren’t clearly marked or are carelessly placed on the road, they pose a hazard to motorcyclists. Some examples include:
- Cones, construction signs, or roadway equipment
- Telephone or light poles
- Broken down vehicles
- Walls or fences
Another potential hazard to motorcycle drivers is opened doors from vehicles parked on the side of the street. If the driver doesn’t look before opening the door, the motorcyclist might not have time to avoid hitting it.
If you think someone else is responsible for your injuries, contact Bay Law motorcycle accident attorneys in Las Vegas. We will evaluate your case and determine who was liable for your motorcycle crash.
08. What is the major cause of injury and death in motorcycle accidents?
Motorcycle wrecks can cause more serious injuries than car accidents. A motorcycle is much lighter than a passenger vehicle, and it doesn’t surround the driver with metal to provide a barrier.
Some of the more common injuries in motorcycle crashes include cuts and abrasions, road rash burns, whiplash, sprains, and internal bleeding. But head injury and traumatic brain injury (TBI) are the major cause of injury and death in motorcycle accidents.
Nevada requires all motorcycle drivers and passengers to always wear an appropriate helmet. Even when wearing a helmet, you can still get a brain injury in a motorcycle crash. Sometimes symptoms don’t occur until days or weeks later. Even if you think you only have minor injuries, get a medical exam right after the accident happens.
09. Why Are Motorcycle Accident Cases More Complicated?
Motorcycle accident claims can be much more complex than those with ordinary vehicle accidents. In large, this is due to the risk of serious injuries that motorcyclists often get. The at-fault driver or their insurance companies are more likely to contest your claim. They don’t want to pay the high cost of treatment that these injuries often require. It’s much easier and more affordable to put the blame on you.
The Las Vegas motorcycle accident lawyers at Bay Law representing you must find evidence to prove liability in your case. Getting fair compensation for your injuries isn’t easy. The cost of medical treatment, including surgeries, rehabilitative therapies, and specialized care like skin grafting from burns or road rash, can quickly add up.
Treating serious injuries from a motorcycle accident is often painful and may last for a long time – sometimes for a lifetime. They may cause disabilities that prevent you from working or enjoying activities that you love. If someone else caused your injuries, you deserve compensation for all your current and future medical needs.
When the insurance companies try to shift the blame to you, you need an attorney who will fight for your rights. An accident attorney won’t settle for a lowball offer from the insurance company. They will negotiate to get the money you need to start rebuilding your life.
If both parties fail to reach an agreement about a settlement, your attorneys will represent you in court. They will show evidence to prove that the other party was liable for the accident and that they should pay the full value of your damages.
Talk to A Las Vegas
Motorcycle Accident Lawyer
Never leave your motorcycle accident compensation to chance — there is too much at stake. Find out what you’re entitled to, what to expect during the claim process, and the next steps you need to take. Let us protect your legal rights. Contact us today if you have been in a motorcycle accident and suffered any injury.