News outlets have reported that deadly accidents were on the rise across Las Vegas. In February 2024, there were already twice as many fatal crashes compared to 2023. Nine of them involved motorcycles.
Unfortunately, a blame game is also happening, with drivers complaining that bikers ride too fast. Bikers, conversely, complain that drivers have no regard for motorcycles on the road.
If you ride a bike, it’s important to know that a biker can claim compensation after an accident in Vegas.
If you are riding in the city or on the outskirts and are involved in an accident, follow these next steps.
The first thing you need to consider after a crash involving your motorcycle and another vehicle is your safety and that of others. If the accident happened in the middle of the roadway, move your bike to the side if possible. Doing this can help prevent further accidents.
Regardless of how severe the accident is, call emergency services (911). This will allow everyone to be checked out by a first responder. In the meantime, the police will start compiling an official accident report.
A medical professional must check you over, even if you do not have obvious injuries. Shock and adrenaline can prevent you from feeling pain and can even mask the symptoms of internal bleeding.
Only a doctor or EMT can evaluate your condition, identify injuries, and provide you with the necessary treatment. This may need to happen in an ER instead of on the accident scene, depending on how seriously you are injured.
If there are no obvious or serious injuries after the accident, you can start taking photos of the accident scene. Take pictures of the damage to your bike, surrounding traffic signals, and uneven road surfaces.
If possible, exchange information with all other drivers involved in the accident. It is important to get their names and the details of their vehicles. This includes make, model, and license plate numbers.
If there were bystanders or pedestrians in the area during the accident, they may be witnesses. Try to get their names and contact information. If you file a case against another driver, these witnesses can provide an account that may serve as evidence.
You must contact your insurance company as soon as possible. Depending on the terms of your policy, this should be between 24-72 hours after the accident. Even if you are unsure whether to file a legal case, you must still inform the insurance provider of the accident.
Whenever you talk to the insurer, be mindful of what you say. Provide only factual information about the accident. Do not apologize or say things the insurer can use against you when you claim. If you accidentally admit fault, it can be used against you.
If you decide to file a claim after the accident, there are two things to do first. Only discuss the accident with law enforcement, your doctor, or your lawyer.
Refrain from posting pictures of the accident on social media. And do not post anything against the other drivers, either. Doing this will hurt your case before you even have a chance to file it.
Also, remember to keep all receipts that relate to the accident. If you had to pay for follow-up check-ups at the doctor or have your motorcycle repaired, keep the proof of payment. Furthermore, if you were injured and could not work, get proof from your employer that you lost income during that time.
Nevada is a modified comparative negligence state. This means all parties involved in an accident can be found partially at fault.
If you are partly at fault for the accident, it will impact the compensation you can claim. For instance, if you are 10% culpable, your recoverable damages will be lessened by the same percentage. But, if you are 51% or more to blame, you cannot recover any damages.
Ideally, you want to build a strong case to prove you were not at fault (if you weren’t). You need evidence that proves the other drivers were negligent. You must also prove that their negligence caused the accident.
Furthermore, you must show the link between the accident and your injuries and damages. For example, the other driver may have run a red light. Because of this negligent action, they crashed into your motorcycle. Because of this crash, you sustained injuries, and your bike was damaged.
The evidence you gather at the accident scene will help you establish your case. This includes the police report, photos and videos, witness statements, and medical records.
It is always best to consult a lawyer to file a personal injury case. You should also hire a lawyer with experience handling motorcycle accident cases.
Your lawyer will investigate your case further to gather more evidence and prove negligence. They will interview witnesses to get more information. They may also call in the help of experts if your case goes to court.
However, most personal injury cases are settled outside of the courtroom. Thus, your lawyer will negotiate with insurance companies and fight for your deserved compensation.
Building a case can take several weeks. Your lawyer will need time to gather evidence and prepare a demand package. This package will outline your injuries, losses, and compensation you seek.
You will agree with the insurance company if the initial negotiations are successful. If you cannot settle, your lawyer will proceed to file a lawsuit.
The settlement value for your bike accident claim will depend on several factors. This includes the severity of your injuries, medical expenses, lost wages, and property damage. It may also include pain and suffering.
Your lawyer will tell you what settlement value to expect and what not to settle for. It is also important to note that Nevada’s statute of limitations is two years from the date of the accident. This may sound like a long time, but the longer you wait to file a case, the less time your lawyer has to win it.
Motorcycle accidents are frightening and can leave devastation and catastrophe in their wake. Following these steps, you can protect your rights after an accident and get the compensation you deserve.
Related reading: Beyond the Trauma: Key Steps to Secure Your Child’s Future After a Car Accident
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