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Motorcycles are significantly smaller than other vehicles on the road. They also offer their riders extremely limited protection, with the exception of their helmets. Consequently, motorcycle riders are more at risk of suffering serious injuries if they become involved in an accident.
According to recent statistics from the Nevada Department of Transportation, motorcycle accident victims are far more likely than occupants of four-door sedans to suffer injuries – or death – in a serious accident. Moreover, approximately 79 percent of motorcycle crashes result in some type of physical injury, while only 37 percent of car crashes cause injuries.
Moreover, approximately 4.6 percent of motorcycle crashes cause fatal injuries, but only 0.25 percent of accidents that involve four-door sedans cause death. Finally, in a single recent year, motorcycle accident injuries increased by approximately 15 percent in Nevada, from 81,000 to 93,000.
If you were injured in a motorcycle accident, you could have months of recovery and rehabilitation. That means you will need our Las Vegas motorcycle accident lawyers at Cloward Trial Lawyers to protect your rights and get you the most compensation.
Our Las Vegas motorcycle accident attorneys are experienced in negotiating the best settlements for injured clients. Some of the things we can do for you include:
However, remember the statute of limitations to file a personal injury lawsuit in Nevada is only two years. So, act fast and contact one of our Las Vegas motorcycle accident attorneys today.
Even if the other driver is responsible for the motorcycle accident, there are things you should do to ensure you get the most compensation. If you do the wrong things, it could negatively affect your case:
Motorcyclists have little to protect them in crashes except for their helmets. Consequently, injuries in these severe accidents can be horrific. The most common motorcycle injuries are:
Spinal cord injuries often happen in motorcycle accidents if the rider’s head hits the vehicle or ground. They also can happen from other impacts during the crash. You could require hundreds of thousands in annual medical care expenses if you are partially or totally paralyzed.
Hitting the ground or the other vehicle can cause broken bones in the arms, legs, feet, hands, wrists, fingers, and more. Some riders suffer from fractured or broken ribs, collarbones, and more.
Arm, leg, hand, or foot amputations are a significant risk for motorcyclists. During a crash, it is common for the biker to have their arm or leg trapped when the bike lands on top of them. It is difficult for blood to flow to the limb and can eventually lead to amputation if doctors cannot restore blood flow quickly.
An amputation injury causes the victim tremendous physical and emotional trauma because it changes your life forever. You may need to learn how to use a prosthetic limb or wheelchair and cope with the trauma of having a lifetime disability.
Facial or dental injuries can happen if you are not wearing a helmet with a visor during an accident. The crash can fracture facial bones, and facial disfigurement is common. The accident also can chip or break teeth, requiring extensive dental care.
A motorcycle crash can cause traumatic brain injury (TBI) even if you wear a helmet. These are terrible injuries; even a mild TBI can cause problems for weeks or months. If you have a severe traumatic brain injury, you could have permanent brain damage that prevents living a normal life.
Motorcyclists can suffer road rash injuries when exposed skin contacts the ground during an accident. The friction can tear the skin and lead to open wounds and infection. Road rash is especially common when the biker is thrown from the motorcycle, and in the worst cases can tear off most of the skin and expose bone and muscle beneath. Severe scarring and disfigurement are often inevitable in severe road rash injuries.
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The experienced team at Cloward Trial Lawyers has an impressive track record and has earned an unparalleled reputation in the legal community for its extensive expertise and exceptional client service.
You won’t have to pay large attorney’s fees unless you win your case. We believe our clients should receive the best representation without having to worry about a costly and stressful fee structure.
We consistently strive for the best outcomes for all of our clients and our track record of successful rates speaks for itself: 99% of victories achieved in personal injury cases.
We are devoted to guiding our clients through with the highest level of care, so they can feel secure knowing we will be by their side throughout the entire process.
Most motorcycle accidents are caused by driver error, but there are other factors involved, including:
Distracted driving can be texting and driving, eating, drinking, talking to passengers, or putting on makeup. Anything that distracts another driver for a moment can cause them to get into an accident with a motorcyclist. One of the problems with distracted driving is the other driver simply may not see the motorcycle at all.
If another driver is speeding and hits you on a motorcycle, the resulting collision can be many times worse. It’s critical that all Las Vegas drivers go the speed limit to reduce the chances of severe motorcycle accidents. If a speeding driver hits you, your attorney will use any traffic citation the at-fault driver received to hold them accountable in civil court.
Drunk driving is always a problem, but it is deadly for people riding motorcycles. If an intoxicated driver gets in an accident, the motorcyclist will likely be severely injured or killed. The US government estimates that drunk drivers cause 34% of fatal motorcycle accidents.
When a car or SUV hits a pothole, it might lead to a blown tire or damaged tire rim. But potholes can be especially hazardous for motorcycle riders. Hitting a large pothole can make the rider flip or lose control. Sometimes the rider may be thrown on the ground at high speed or into oncoming traffic.
Receiving compensation in a motorcycle crash requires proving that the other driver caused the accident. But what about if you were partially at fault? In Nevada, there is a comparative negligence rule for determining fault in auto accidents. You can still receive compensation if you were not more than 50% at fault for the crash.
Suppose you are in a motorcycle accident with $10,000 in damages. You are found by the insurance company to be 30% at fault, so you would only receive $7,000 in damages. Your attorney will attempt to prove the other driver caused the accident or reduce your level of assigned fault to the minimum.
Damages in personal injury cases, such as motorcycle accidents, usually involve economic and non-economic damages. Economic damages include medical expenses, property damages, and lost wages, all of which are relatively easy to prove. However, you and your attorney must provide strong proof of your economic damages, including medical bills, pay stubs for lost earnings, and medical records.
Non-economic damages are subjective and include pain and suffering, loss of consortium, and loss of affection. These injuries are intangible and are more difficult to calculate. But when you are seriously hurt in a motorcycle accident, your pain and suffering are usually substantial and worth a considerable sum. Pain and suffering are usually bigger than economic damages, especially in severe injuries.
Pain and suffering damages can be arrived at in many ways. A common method is using a multiplier between 1 and 5 that represents your level of pain and suffering. The multiplier is multiplied by your economic damages to arrive at a pain and suffering figure. Pain and suffering in the 4 and 5 range are reserved for severe injuries that require long-term rehab or involve permanent disability.
Your Las Vegas motorcycle accident attorney will try to prove the other party was at fault during a motorcycle accident. However, the insurance company may argue that you were partially or completely at fault for the accident. But your attorney will attempt to prove the other party caused the crash by demonstrating the following:
Motorcycle accidents can be severe and sometimes fatal. If you were in an accident because of someone’s negligence, then you should receive help from an attorney who knows how to go toe-to-toe with insurance companies and win. Getting money out of an insurance company can be difficult for those who are inexperienced with insurance negotiations.
There are several things to watch for and be aware of when dealing with the insurance company after a motorcycle accident:
Don’t be surprised if you receive a quick call from the other driver’s insurance company after the accident. They might even call you when you’re in the hospital. Their goal isn’t to see how you’re doing; they want you to sign a quick settlement agreement and reduce their financial exposure. You could forfeit a lot of compensation if you sign an agreement with the insurance company after the accident. It’s best to run your case by an attorney to determine your eligibility for more compensation.
Keep accurate records of your medical treatments, medical expenses, and other out-of-pocket expenses. You could have several doctors and medical facilities involved, so keeping good records is important for getting compensated later. It helps to keep all of your medical bills and records related to the accident in a folder and turn that over to your attorney when they ask.
If the other driver’s insurance company calls, don’t let them record a statement from you. It’s best to refer the insurance company to your lawyer and let them handle it.
Motorcycle accidents have serious injuries, and you may not know the extent of your injuries for some time. Do not take a settlement offer until you know how seriously injured you are. Usually, you will need to reach maximum medical improvement (MMI) before your attorney starts serious settlement negotiations.
If the other driver’s insurance company wants any information from you, provide it promptly or let your attorney know. They may ask for your medical records and receipts, so giving them what they ask for quickly will help to speed up the process.
If you have minor injuries that heal after a week or two, perhaps you do not need an attorney. You can have the case reviewed by a lawyer, who will tell you if the injuries are too minor to warrant an attorney’s help. However, if you have serious injuries that involve surgery or staying in the hospital, you should have an attorney represent you.
Social media posts can be damaging to a motorcycle accident injury claim. Even if the other driver caused the crash, you can reduce your eventual settlement if you post something online that makes you look less hurt than you are. Just posting about walking with your spouse could be enough for the insurance company to reduce your claim.
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The other driver’s insurance company will often tell someone who is seriously injured that they don’t need an attorney. If they tell you this, you should get a lawyer right away; it’s a red flag that you need a lawyer because the insurance company probably knows what the case is worth.
Insurance companies are known for telling injured clients that the attorney will take most of their settlement and they’ll get more if they don’t hire a lawyer. The reality is that most injured clients get more money when they hire a motorcycle accident attorney.
At the least, you should talk to a motorcycle accident lawyer about your case. They will let you know if it isn’t worth enough to support using an attorney.
If you are seriously hurt after a motorcycle accident, you probably are in a lot of pain, and it’s only fair to receive fair compensation for your discomfort. You may increase your compensation for pain and suffering with these tips:
At Cloward Trial Lawyers, our experienced legal team is ready to help you pursue the monetary damages you deserve for your drunk driving accident injuries. For a free case evaluation and legal consultation with a knowledgeable Las Vegas car accident lawyer, please call us or contact us online to learn more.
If you just suffered an injury in a recent motorcycle accident you may have lots of questions. Our skilled lawyers understand what you’ve been through and are here to help, one question at a time.
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After becoming involved in a motorcycle crash in the Las Vegas area, there are certain steps that you should immediately take.
At Cloward Trial Lawyers, we can help you pursue a favorable settlement in your case and work to recover the full amount of monetary damages you deserve to recover for your accident-related injuries.
If your motorcycle accident resulted from another driver’s careless or reckless act, you might be able to file a personal injury claim directly with their insurance company. This is because the State of Nevada follows a tort-based system with regard to personal injury claims and lawsuits.
To recover monetary damages in a motorcycle crash case, you must be able to establish that the at-fault driver deviated from the standard of care, that your accident resulted from this deviation, and that you suffered at least one physical injury as a direct result of your accident.
To prove these legal elements, the attorneys at Cloward Trial Lawyers could introduce various pieces of evidence, including a favorable police report, eyewitness statement, or expert reconstructionist report. We could also submit medical records and bills from your treating healthcare providers to establish the causal relationship between your motorcycle accident and the injuries you suffered.
Whenever a person decides to operate a motorcycle, they accept the fact that there are dangers associated with even the safest motorcycle operation. With the exception of their helmets, cyclists do not have an outer shell or covering surrounding them if an accident happens. Rather, they are directly exposed to their surrounding environment, and they may fall to the ground and seriously injure themselves in a motorcycle crash.
One common cause of motorcycle accidents is poor road conditions. Hazardous road conditions may include wind, fog, snow, rain, or ice, and these conditions are unavoidable. However, some motorcycle accidents happen when roads are poorly surfaced or contain potholes, gravel, uneven manhole covers, and other defects.
Unexpected obstacles may also fall into the road and may cause serious injuries if a cyclist collides with them. In many instances, these defects are unexpected, and a cyclist cannot reasonably prepare for them in time to avoid a crash.
Another common cause of motorcycle accidents in the Las Vegas region is human error. When car and truck drivers fail to watch the road attentively or obey traffic laws and regulations, they significantly increase their chances of crashing with a motorcycle, bicycle, or pedestrian.
One of the most common traffic violations that lead to motorcycle accidents is exceeding the posted speed limit. When a driver speeds, they have less control over their vehicle and may not be able to stop in time to avoid hitting a nearby cyclist. If a driver completely loses control over their vehicle, it may veer out of control and into the direct path of a cyclist or pedestrian.
Similarly, some motorcycle accidents happen when drivers fail to pay sufficient attention to the road. Instead of watching the road attentively, the driver might be sending a text message, taking a phone call without using a hands-free Bluetooth device, or roughhousing with vehicle passengers. Any of these activities may take a driver’s eyes off the road and prevent them from seeing a nearby cyclist.
Likewise, some motorcycle accidents happen when drivers are illegally under the influence of alcohol or drugs. With regard to alcohol, a driver is legally intoxicated in Nevada if they have a blood alcohol concentration (BAC) that meets or exceeds 0.08 percent.
When a driver is impaired or intoxicated by alcohol, they may experience blurred vision, which prevents them from seeing other vehicles. Similarly, their concentration may suffer, and they might experience delayed reaction time. All of these negative consequences of drunk driving could lead to a motorcycle or pedestrian accident.
Finally, some motorcycle crashes result from rider inexperience – or from failing to satisfy certain equipment requirements. Those requirements include having working front and rear braking systems on the motorcycle, along with front and rear electric turn signals, adjustable foot rests, and visible brake and tail lights. Some cyclists do not satisfy these safety requirements because they do not take recommended safety courses or obtain the proper licensure before venturing out onto the road.
If you suffered injuries in a recent motorcycle crash that another driver caused or contributed to, you should seek legal help right away. In any personal injury claim or lawsuit, time is of the essence, and if you wait too long, you may be giving up certain legal rights – including your right to recover monetary compensation for your injuries.
At Cloward Trial Lawyers, our legal team can fight for your right to recover the monetary compensation you need for your accident-related injuries. We can handle all negotiations with the insurance company involved and pursue a fair settlement amount on your behalf.
In a motorcycle accident case, the injured accident victim must satisfy their legal burden of proof to recover monetary compensation. Therefore, they must demonstrate that another driver operated their vehicle while intoxicated and that this negligence caused their accident.
To satisfy this legal burden, you or your lawyer may be able to introduce various pieces of evidence, including a police report which details the circumstances surrounding the crash, statements from eyewitnesses, or surveillance footage that shows any type of negligence.
If you are able to satisfy the legal elements of your claim, you could recover various damages. First, you could pursue monetary compensation for your medical expenses, as well as for your lost earnings and other out-of-pocket costs. In addition, you may be eligible to recover monetary damages for your inconvenience, past and future pain and suffering, mental distress, loss of life enjoyment, or loss of the ability to use a body part.
At Cloward Trial Lawyers, our legal team will do everything possible to maximize your settlement or award. Specifically, we can forward the appropriate documents to the insurance company on your behalf, and if your matter goes to trial, introduce these documents as evidence in your case.
Our Personal injury law firm operates under a contingency fee. This means you won’t be charged a single dollar until we win your motorcycle accident case.
For a free legal consultation and case evaluation with a skilled Las Vegas motorcycle accident attorney, please give us a call or contact us online to learn more.
It is proven that helmets prevent up to 67% of traumatic brain injuries in motorcycle accidents, so you should wear one. Wearing a helmet also reduces your chances of other severe injuries.
However, if you choose not to wear a helmet, you still can get compensation for your injuries. Not wearing a helmet does not excuse the other party from getting in an accident and injuring you.
Nevada does not have caps on economic or non-economic damages after motorcycle crashes. So, there is no limit to what you can recover in a motorcycle accident claim or lawsuit. How much you receive in compensation depends on how strong the case is, including evidence of liability. However, if you receive punitive damages, the following limits are in place in Nevada:
But these limits do not apply to motorcycle accident claims involving distributors, manufacturers, and sellers of defective parts.
Motorcyclists often suffer serious injuries in accidents that require months or years of recovery. This is why you might be tempted to go for a settlement offer instead of going to trial. After all, if you have $50,000 in medical bills and are out of work, you need money sooner than later. Your attorney will probably spend considerable time negotiating a settlement agreement with the insurance company, and most cases do end with a settlement.
However, in cases with severe injury and many bills and expenses, getting a fair settlement isn’t always possible. That’s why you should work with an experienced motorcycle accident trial lawyer who is ready to go to court if needed.
The size of your settlement depends on many factors, especially your injuries and the medical treatments required. That’s why it is so important to know early on what your injuries are by seeing a medical professional. Some things that affect the compensation amount in a motorcycle accident case are: