Las Vegas Motorcycle Accident Attorneys
Representing Victims of Motorcycle Accidents in Nevada
Are you a motorcyclist that's been hurt on the road due to motorist negligence? If so, then it may be time to start exploring your legal options. The Burris & Th has an award-winning legal team with more than 45 years of combined legal experience.
Their Las Vegas motorcycle accident lawyers understand how motorcyclists are marginalized and put at risk on the road and the stigma that they often face when pursuing compensation.
Do You Have to Wear a Motorcycle Helmet in Nevada?
In Nevada, motorcycle helmets are required for those riding, both drivers and passengers, a motorcycle. Also, if you're riding a moped or trike, you must wear a motorcycle helmet. Any vehicles with handlebars and saddle seats requires you to wear a helmet. Riders must also wear proper eye protection like face shields, goggles, or glasses if there isn't a transparent windscreen on the motorcycle.
If you choose to not wear a helmet, you can face a fine that varies depending on the locality. You will also get two demerit points on your license. If you get 12 or more demerit points your license will be suspended for six months by the DMV.
Negligence & Motorcycle Accidents
Despite the growing popularity in motorcycling over the past few decades, few motorists have acclimated themselves to driving alongside them.
They frequently forget to look for motorcycles, misjudge their own movement, or drive aggressively around them. When these things happen and a motorcyclist is hurt, those motorist actions need to be addressed in court.
Common examples of motorist negligence harming motorcyclists include:
- Impaired or drunk driving
- Forgetting to look during lane change/merging
- Forgetting to before exiting their vehicle
- Failing to stop at red lights and stop signs
To make matters worse, the sentiment that motorcycles are dangerous and rebellious still persists—even in the courtroom. It is not uncommon in these injury suits for defendants to blame motorcyclists for the accident due to unfounded "recklessness" claims or other reasons. That is why it is so essential that these injury victims have dedicated and aggressive counsel by their side.
The Las Vegas personal injury attorneys at Burris & Thomas, LLC anticipate this stigma before your suit is even filed and will be prepared to ensure the circumstances of your accident are soberly presented both in and outside of the courtroom.
$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.