Newspapers are reporting fatal accidents are on the rise throughout Las Vegas. As of February 2024, there were already twice as many fatal crashes as there were in 2023. Nine of them involved motorcycles.
Not having learned from this, once again a game of blame is taking place, with drivers complaining that bikers ride too fast. Bikers, on the other hand, 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.
In case you are riding within the city or within the outskirts and happen to run into an accident, this is what you need to do next.
The very first thing that you should think of after a car accident wherein the motorcycle with which you are involved crashed into another vehicle is your safety and the safety of others. If you crash in the center of the road, then move your motorcycle to one side of the road if it is possible. This would prevent other accidents.
Call 911, even if the accident is minor. First responders can treat everyone at the scene while the police begin to file their official accident report.
Get an examination by a medical professional, even if you don’t appear badly injured. You may be in shock or have adrenaline that will prevent you from feeling pain, and even internal bleeding can be masked.
Only a doctor or an EMT can evaluate your condition, detect any injuries, and provide the necessary care. This might mean you have to be taken to the ER to be treated rather than at the scene of the accident.
Start taking pictures of the accident scene if the injuries are not clear or major. This may extend to damage that your bicycle sustained, what your surrounding traffic lights looked like, and the uneven road surfaces.
If possible, obtain information from the other drivers involved in the accident. Get a name, details about the vehicle they travel in, including make, model, and license plate number.
If there are persons who are walking or bystanders who can attest to the case, get their names and addresses. These will help in building your case against another driver.
In case you have to file a suit against another driver, the testimony of these witnesses may be enough to prove your case.
As such, you are required to inform your insurance company within the shortest time possible after the accident. According to your policy, this could range between 24-72 hours after the accident. Although you do not know whether you want to start a case in court, you have to inform the insurance company about the accident.
Be careful about what you say when talking to the insurer. Say only the factual stuff about the accident. Do not make an apology and say anything that the insurer may use against you at the point of making a claim. Accidental admissions which an individual is prone to say, which can be to their disadvantage, can be used against them.
If you are claiming based on the fact of the accident, then you should consider two things to ask your attorney first. Talk about the accident only to law enforcement, your doctor, or your lawyer.
Do not post pictures of the accident on social media. Do not place anything against the other drivers either. This hurts your case before you ever get the chance to file it.
Also, you should keep all receipts about the accident. If you needed further visits to a doctor or for repairs of your motorcycle, keep proof of payment of those expenses. In case you suffered an injury and because of it missed work, get proof from your employer that you lost income due to your absence.
It is an modified comparative negligence state. What this implies is that all parties concerned in an accident will be held partially liable.
If you are partly to blame for the accident, this will affect the compensation you can claim. For example, if you are 10% culpable, your recoverable damages will be reduced to that extent. However, if you are 51% or more to blame you cannot recover any damages.
Ideally, you would like to build a sound case proving that you are not liable, should you not have in fact caused the accident. You require proof which demonstrates that the other operators were negligent. You also have to prove the negligence resulted in causing the accident.
You should also demonstrate the causal link between the accident and the injuries, as well as the damages, sustained. For example, the other driver might have run a red light. Due to such negligence, they crashed into your motorcycle. Due to that crash, you got injured, and your bike was damaged.
The evidence you have for your case is the evidence that you would have gathered at the scene of the accident. These range from the police report, photos and videos, witness statements, and medical records.
Seek an attorney when dealing with a personal injury case. Make sure you hire an attorney who has handled motorcycle accidents.
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 court. Thus, your lawyer is going to negotiate with the insurance companies and fight for your rightful compensation.
Typically, it may take a couple of weeks to build a case. It would require some time for your lawyer to gather evidence and put together a demand package, which outlines your injuries, losses, and compensation demands.
You will come to an agreement with the insurance company if everything goes smoothly during the first attempt at negotiation. If you cannot settle, then your lawyer will file a lawsuit.
The amount of your settlement for your bike accident claim would depend on various factors. These factors would include the severity of your injuries, medical expenses, lost wages, and property damage. In addition, it may also include pain and suffering.
Your lawyer will give you an estimate of the settlement value to be expected and what you should not settle for. Another significant factor to consider is that in the state of Nevada, the statute of limitations runs only for two years from the date of the motorcycle accident. That sounds like a long time, but believe me, the more time you take to file your case, your lawyer has less time to win it.
Motorcycle accidents are very frightening, but they also leave devastation and catastrophe to follow. Here’s how you can protect your rights after an accident and get the compensation for your injury.
Related reading: Beyond the Trauma: Key Steps to Secure Your Child’s Future After a Car Accident
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