Las Vegas Bicycle Accident Lawyer
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In recent years, urban areas all over the country have seen a spike in bicycling's popularity. While this is to the benefit of many bicyclists' health and our environment, it has also increased the number of dangerous accidents between bicyclists and motor vehicles. In 2010, the Nevada Department of Transportation estimates that there were more than 580 bicycle/motor vehicle accidents in Nevada.
Because bicycles are smaller on the road and often don't operate within the normal flow of traffic, drivers do not always take the proper precautions when traveling alongside them. When this happens, and injury results, negligence has occurred. If you or a loved one has been hurt while riding a bike, then we encourage you to contact Burris & Thomas, LLC today. Our Las Vegas personal injury attorneys have over four decades of experience in personal injury law and have time and time again held negligent parties responsible for our clients' pain and suffering.
Common Causes for Bicycle Accidents
Bicycle accidents are most common in urban area where streets are busy and traffic can be heavy. Roadways dense with traffic signage, like intersections, are also frequent sites of collisions involving bicyclists.
Common causes for road collisions involving bicyclists include:
- Motorist failure to properly signal
- Motorist drift into bicycle proximity
- Motorist making turn or lane change without looking
- Motorist exiting vehicle without looking (door accidents)
- Lack of motorist vigilance in low visibility conditions (rain, weather, etc.)
Any of these causes constitute negligence on the driver's part and, if someone was hurt, makes them vulnerable to civil action. You do not have to suffer through your medical bills, lost wages, and other losses following your injury without fighting for the restitution you deserve. The Las Vegas personal injury lawyers at Burris & Thomas, LLC are ready to stand by your side and assist you exhaust every available legal avenue in pursuit of the relief you need.
$2,000,000 Judgement Sexual assault on cocktail waitress by a professional athlete.
$1,400,000 Verdict Slip and fall.
$700,000 Settlement Amusement park device causes severe shoulder injuries.
How much is my case worth?
There are many factors that go into evaluating the settlement value of a personal injury case. It is not a simple matter of applying a formula. Typically, everyone thinks that their case is “simple” and “clear-cut”. Everyone tends to think that the amount of money they are seeking is “fair and reasonable”. That is human nature. However, the reality is that, in the end, a personal injury case is worth what a jury says it is worth. The job of the victim’s personal injury lawyer is to come up with a settlement that reflects the risk of going to trial (odds of winning vs. odds of losing), together with the range of what value a jury might actually return on the case.
In deciding settlement values, we need to consider the following:
- Is fault clear, or contested?
- Are the injuries severe or mild?
- Is there an issue with insurance coverage?
- Is the client a good communicator?
- Is the defendant/wrongdoer likable or unlikable?
Normally, I am able to give a very general estimate range of settlement value and odds soon after taking on a case, with the understanding that these are just estimates and not guarantees. The longer the case goes on, the more definite I can be about the settlement value range.
Do I have a personal injury case?
It is often times said by attorneys that in order for there to be a viable personal injury case, there must be “three legs on the stool.” These legs are: liability (or fault); damages (or injury); and collectability (insurance). If any one of the “legs” is missing, then there is not a viable case.
- Liability - A clear example of liability would be someone running through a red light. That person would be at fault. On the other hand, let us say that somebody is hit by a meteorite falling from the sky, and seriously hurt. In that case, although there is injury, there is no earthly entity at fault.
- Damages - An example of damages would be someone getting hit in the nose by an airbag, which breaks their nose. That person has an injury caused by the collision. On the other hand, what if that same person is almost hit by a car running a red light, but by the grace of God is able to avoid the collision? That person might say “I was almost killed, but I didn’t get a scratch.” In that case, the person was not injured and there is no case.
- Collectability - To give an example of collectability, imagine that a drunk driver runs through a red light, and the driver is Donald Trump. In that case, if Donald Trump hit and injured someone when he ran the red light, the victim will be able to collect upon any judgment that they receive. Imagine, on the other hand, that the drunk driver is someone who just got out of prison, and has no insurance and no property. Although that person will probably go to jail, there is no practical way to collect money from him, as he is a “scofflaw” living outside responsibilities of society.
What Is the Nevada Statute of Limitations for Personal Injury Cases?
When it comes to filing a personal injury lawsuit, it's important to pay attention to the statute of limitations for the state you're filing in. A statute of limitations is the time limit that a state puts on how long after your accident you are allowed to file a personal injury lawsuit. Statutes vary from state to state.
Nev. Rev. Stat. § 11.190(4)(e) (2016) states that individuals wishing to file a personal injury lawsuit must do so within 2 years of the date of their accident. However, there are certain exceptions that can be made depending on your circumstances. For example, if you have been injured as a result of medical malpractice, you generally only have 1 year to file your lawsuit after the date of your injury (Nevada Revised Statutes section 41A.097).
Statute of limitations can be complex, and if you fail to file your lawsuit within the allotted amount of time your case will most likely be dismissed. Don't put your compensation on the line! Contact our experienced Las Vegas personal injury attorneys today to schedule a free consultation and determine what your next steps should be.