What You Need to Know About Motorcycle Accidents and Personal Injury
Motorcycles can be much more dangerous than the average enclosed vehicle. If you are in an accident on a motorcycle, nothing softens the blow of the force of another vehicle or object. One thing that can provide you protection is a helmet. Helmets can ultimately mean the difference between life and death.
What Is Personal Injury Law?
Personal injury law gives someone who was injured in an accident or at the hands of another person the right to take the at-fault party to court or file a lawsuit against them to be reimbursed for any damages. If you were in a motorcycle accident, then you should look into filing a personal injury claim.
Possible Causes of Motorcycle Accidents
The possible causes of motorcycle accidents may seem obvious and preventable, but take a closer look at the following causes:
- Reckless driving
- Speeding
- Intoxication
- Distracted driving
- Poor visibility
- Inexperienced drivers
- Bad weather
Motorcycle accidents are more common than they should be, and they can often be fatal due to the limited protection offered by a motorcycle. Being alert and aware of your surroundings is crucial to safely sharing the road with others.
Personal Injury Claims and Failure to Wear a Helmet
Helmets are one of the very limited options a motorcyclist has for safety. Helmet laws vary from state to state, but in Nevada, all motorcyclists and their passengers are required to wear a helmet. If you have been in a motorcycle accident without a helmet, you can still file a personal injury claim, but your chances of winning will decrease because you could be seen as negligent for not wearing your helmet.
Personal Injury Rewards
The possible rewards for a motorcycle accident are the same as most other personal injury cases.
These rewards can include money towards:
- Medical bills
- Pain and suffering
- Lost wages
- Property damage
Even if you are rightfully entitled to compensation, you do not have an unlimited amount of time to file your personal injury claim.
Statute of Limitations
Personal injury cases do have a statute of limitations. To make a personal injury claim in Nevada, you have two years from the date of the accident. After the two-year mark, the other party involved can generally ask for a dismissal. If you work with an attorney, they can help you make sure you do not miss any deadlines.
Settling Versus Suing
You might want to take your case to trial because the rewards can be much greater, but going to trial may not always be the best decision. If a driver is not obviously at fault, then you could be worse off by going to trial. You will need to work with your attorney to decide the best course of action. If the other party wants to settle, you may want to take the offer. You are not guaranteed compensation when you go to trial.
Motorcycle Accidents That Result in Death
If you have lost a loved one to a motorcycle accident, you can file a wrongful death claim. A wrongful death claim lets you sue the at-fault driver for compensation for the following:
- Loss of income (e.g. if your partner died and they were contributing to the household bills)
- Medical bills
- Funeral costs
- Pain and suffering
However, a wrongful death claim can be difficult to win. Your attorney will need to convince a judge and/or jury that the death was a direct result of the accident.
If you or someone you know is in the middle of a personal injury case because of a motorcycle accident, contact us at Bradley, Drendel & Jeanney for a free consultation.