Nothing is better than the thrill of riding on two wheels on the open road, but with that thrill, there are some harsh realities. Motorcyclists face unique risks that differ significantly from those encountered by drivers of other vehicles. Injuries from any crash can be grave, and recovery can be troublesome, physically and financially. All of a sudden, you are not just recovering; you are dealing with complicated insurance claims, legal deadlines, and the unfair bias riders often experience. This FAQ aims to provide clear answers to your most frequently asked questions, from what to do at the scene to your rights to compensation.

When you are involved in an accident as a rider, your focus should be on healing, not legal battles. Let an experienced attorney handle that for you. Contact Dallas Horton & Associates if you have suffered a serious injury and would like an advocate to represent you against the insurance companies. If you need a dedicated personal injury attorney in Las Vegas, we will handle your case with the necessary skill and determination to secure the justice and compensation you deserve.

What Should I Do Right After a Motorcycle Accident?

Immediately after a motorcycle accident, things can be very hectic, but it is necessary to act quickly and wisely. Having a clear plan in place from the outset is essential. This will protect your health and start documenting the scene. Furthermore, it will help safeguard your legal rights to compensation.

  1. Prioritize Safety and Emergency Medical Response

If you are involved in a motorcycle accident, you need to act fast to keep yourself safe and strengthen your claim. The first thing you want to do is to check yourself and your passengers for injuries. Remember that, unlike other vehicles, motorcyclists are not protected. Therefore, even a minor collision can result in significant injuries.

As you call for an ambulance, request assistance from the Las Vegas Metropolitan Police Department (LVMPD) or the Nevada Highway Patrol (NHP) to respond to the scene via the 911 dispatcher. This is because a formal police report at the scene is vital to a successful personal injury claim.

If you can move and can do so safely, clear the road to the shoulder to prevent further incidents. If you have serious injuries, stay where you are until help arrives.

  1. Meticulously Document the Scene

Once the immediate threat to safety is contained and emergency help is on the way, document the scene as thoroughly as possible before external factors affect it. Take photos and videos with your smartphone. Be sure to record the end location of all vehicles, the damage to your bike and other vehicles, and any environmental factors, including skid marks, road conditions, and traffic signs.

At the same time, obtain the contact details of any bystanders or drivers who saw the accident. These objective witnesses can help counteract the bias that insurance adjusters often unfairly apply to motorcyclists.

  1. Cautious Interaction and Liability Protection

As you document the accident carefully, be mindful of your direct communication with the other driver to protect yourself from liability. Exchange important identification information with them, their full name, driver’s license number, plate, and insurance. When speaking to the investigating officer, stick to the facts and what you saw during these exchanges. Avoid apologizing. Do not make excuses. Do not offer any comment that an insurance company could interpret as an admission of fault. It is necessary to protect your claim from being downplayed by an adjuster.

  1. Post-Scene Medical and Legal Action

Once the scene is cleared, you should go for a medical check-up. Even if you do not feel pain from adrenaline, you may have an injury. Visit an emergency room or urgent care center as soon as possible. Doing so creates a medical record that establishes a clear timeline connection between the accident and your injury. This is a significant pillar of any demand for compensation.

After this, your next step towards recovery is to consult with expert legal counsel. Before you say anything to the other party’s insurance company, talk to a dedicated advocate. Doing so helps you develop a strong legal strategy against systemic bias, which enables you to achieve the full financial recovery necessary for rehabilitation and recovery from your losses.

Why Should I Seek Medical Attention After a Motorcycle Crash?

After a motorcycle accident, it is essential to seek emergency medical evaluation, as many serious or life-threatening conditions show no signs. Sometimes severe injuries like internal bleeding, spinal injury, or concussion may be masked by shock and adrenaline. What starts as simple stiffness can, in a short time, become an unbearable injury that restricts you from your normal function.

Common injuries, including whiplash and soft tissue damage, can lead to chronic pain or other long-term complications even if they appear benign. Major facilities in Las Vegas, such as University Medical Centre (UMC) and Sunrise Hospital, have advanced trauma centres that are capable of diagnosing and treating these severe injuries promptly. After receiving a comprehensive evaluation and scans, your doctor will determine the full extent of your injuries.

In Nevada, if you want to win your personal injury claim, you will have to show that your injuries were caused by the accident. Insurance companies will closely examine any delay in your treatment. They will argue that if you waited days and sometimes even weeks to see a doctor, your injuries are either:

  • Not related to the crash, or
  • Are exaggerated

When you visit an emergency room or doctor after an accident, the first documentation for your injury, a date- and time-stamped medical record, clearly links the accident and your injury. This document will conclusively demonstrate that the injuries you sustained were from the accident, not after.

The initial visit marks the beginning of the medical journey. Follow-up treatment plans must be documented. This includes referrals to specialists, physical therapy, pain management, or surgery if required. According to Nevada law, as outlined in NRS Chapter 41, injured parties can file a personal injury claim to recover damages for both past and future medical expenses. To fully calculate losses and prove the extent of injuries in a court case or to an adjuster, you must maintain complete medical records from the initial emergency diagnosis to the last rehabilitation therapy. If you do not follow your doctor’s orders, the other insurance company may claim you did not mitigate your damages.

How Important is the Police Report in My Motorcycle Accident Case?

The police report, either from the Las Vegas Metropolitan Police Department (LVMPD) or the Nevada Highway Patrol (NHP), is the second most crucial document outside of your medical records. This report is the official, unbiased report of the accident scene. The report records the date, time, and location of the accident, as well as the names of the vehicles involved, initial statements, diagrams, measurements of the roadway, and physical evidence. Moreover, the officer investigating the crash often provides an initial opinion about fault and cites violations. Under Nevada law, the insurance adjuster and the lawyer rely on this initial finding to establish fault and make a claim.

When police arrive, be cooperative. You should only report what you saw and what happened. Do not speculate on what caused the accident, do not try to minimize your injuries, and absolutely do not admit fault, even partially. The officer focuses on ensuring safety and documenting facts, while you should focus on taking care of your health and legal rights. Your answers should be brief and truthful, providing the officer knows the location of the witnesses.

The report will be available in a matter of days or a few weeks after the crash, usually in the records department of the respective agency or through the LVMPD or NHP online portal. It is necessary to obtain this report to confirm the details of the other driver. This will give the basis of your personal injury or lawsuit.

If the report determines that the other driver is at fault, there is immediate leverage. If there is an error or an adverse report, you must act immediately and address it with your legal counsel. The facts that are presented in the report will be relied on by your attorney to develop your case, and they will use the facts along with the accident reconstruction and witness testimony to disprove the biased or inaccurate results.

Can I Speak to the Insurance Provider of the Other Motorist After a Crash?

If the other driver’s insurance company contacts you, understand that their primary priority is to reduce or deny your claim to protect their company’s bottom line. Although the adjuster may appear friendly or sympathetic, they are not neutral. They are trained to collect information that undermines your claim. This is especially true in motorcycle accidents, where the adjuster is often biased against the biker for some reason or another. The adjuster will likely want to assign the rider partial fault (comparative negligence in Nevada) to reduce the settlement amount. Keep your communication with them brief, factual, and strictly controlled.

The adjuster will likely want a recorded statement. To try to convince you to do it, they will often say it is normal or necessary. You should decline this request. There is no legal requirement for you to provide a statement to the driver’s insurance company. Anything that you say will be scrutinized very carefully. Any statement you provide could be twisted so that your later testimony appears inconsistent, exaggerates your fault, or suggests that your injuries are not as severe as you claim. For example, if you have told them right at the start, “I’m fine,” and were polite about it, they will argue that it proves your later medical claims have no value. Respectfully decline to respond. All communication is to be directed through your lawyer.

An adjuster will often offer a quick settlement for a low amount, a few days or weeks after the injury. By that time, you will not yet know the full extent of your injuries or long-term medical needs. You may be pressured to sign a release, which waives your right to collect any additional compensation related to the accident. Do not agree to a settlement or sign any medical release forms without talking to a motorcycle accident lawyer first. By signing the general medical release, the insurance company can look at your complete medical history. The company will be looking for any pre-existing injuries they can blame the pain on and devalue your claim. Protecting your financial future requires a legal review of all paperwork.

How is Fault Determined in a Motorcycle Accident?

In a motorcycle accident in Las Vegas, fault, or liability, is determined by the legal principle of negligence under the Nevada-specific liability statute. Negligence is not exercising the same kind of reasonable care that a prudent person would exercise under similar circumstances. In a personal injury claim, the injured rider must prove four legal elements against the driver who is at fault:

  • Duty — The driver owed a duty of care to the rider, for example, the expectation of following traffic rules
  • Breach — The driver breached that responsibility, for example, by overspeeding, not yielding, or running over a stop sign
  • Causation — This violation was the immediate cause of the crash and the injuries that were sustained by the rider
  • Damages — The rider incurred losses in money and time, for example, medical bills, lost wages, and pain and suffering, which were quantifiable

Nevada’s Modified Comparative Fault Rule is Defined in NRS 41.141

In shared-fault accidents, Nevada law’s most important element is the modified comparative fault rule (or the “50% rule”), which is under Nevada Revised Statutes (NRS) 41.141. This law outlines how damages are determined when both parties are partially liable for the accident. With this rule in place, the rider can recover damages even if they were partly at fault for the accident. However, their assigned percentage of fault must not exceed that of the other party or parties.

If the motorcyclist is assigned 50% fault or less, the motorcyclist may recover damages. However, the award will be reduced by the motorcyclist’s percentage of fault. So suppose a rider wins $100,000 in total damages but is 25% at fault. That rider would have their final damage award reduced by $25,000 and will recover $75,000.

If the rider is found 51% or more at fault, they will be barred from recovering any compensation from the other party.

Common Causes of Negligence in Las Vegas Accidents

Fault is usually assigned because there is evidence that the operator of the motor vehicle failed in their duty of care. This is often considered negligence. The most likely causes of these motorcycle accidents are:

  • Left-hand turns — When a driver turns left and fails to see the motorcycle, it can cause this type of collision, which is a widespread occurrence. In this case, the bike has the right of way.
  • Blind-spot failures — When the driver fails to check their mirrors or their shoulder for a motorcycle, as they are merging or changing lanes, an accident could occur, since the motorcycle is in the driver’s blind spot.
  • Distracted driving — When a driver is distracted by texting, searching for a navigation system, or eating, they will not notice the biker.
  • Impaired driving — Driving while drunk or under the influence of drugs that severely impair a driver’s reaction time and judgment can lead to an accident.
  • Speeding and reckless behavior — Speeding reduces the ability to react quickly. When drivers change lanes aggressively and tailgate, they put riders in danger, as they do not have physical protection.

What Types of Damages Can I Receive After a Motorcycle Crash?

If you win your personal injury claim, your payout will fall into one of three categories: economic damages, non-economic damages, and, rarely, punitive damages.

  1. Economic Damages (Special Damages)

Economic damages are the direct, measurable, out-of-pocket expenses incurred in an accident. You can measure them by receipts, bills, invoices, and work records. They include:

  • Past and future medical bills — The past and future medical expenses are often the most substantial aspect of a serious motorcycle accident claim. This category includes medical emergencies, hospitalization, operations, medications, physical therapy, rehabilitation, and future medical expenses like long-term care and any necessary medical equipment costs.
  • Lost wages and earning capacity — Compensation includes wages you have already lost and those you are likely to fail in the future. If one or more injuries result in a total or partial permanent disability, you can also claim future loss of earning capacity.
  • Property damage —If you are involved in a motorcycle accident caused by another person’s fault, you have the right to recover damages for property damage.
  • Replacement services costs — These costs are related to hiring outside help to perform tasks that the injured person cannot, including childcare, housekeeping, lawn care, or driving.

  1. Non-Economic Damages (General Damages)

These damages pay the victim for the accident’s intangible, subjective, and personal losses. Although they result in no billable expenses, they surely make a difference in the victim’s life and are usually the most significant part of a settlement. They include:

  • Pain and suffering — Compensation is available for the physical pain and discomfort endured from the time of the accident through treatment and recovery.
  • Emotional distress and mental anguish — The motorcycle crash may have caused emotional distress and mental anguish. For example, you may experience post-traumatic stress disorder (PTSD), severe anxiety, fear of riding again, depression, or other mental harm related to your injuries or scarring.
  • Loss of enjoyment of life — These damages compensate a rider who can no longer engage in activities, hobbies, or functions they used to enjoy before the motorcycle accident. For example, the rider can no longer play with their children, exercise, or even drive a vehicle.
  • Disfigurement and scarring — Payment for permanent markings, scars, or changes to appearance arising from the injury or treatment for the injury.
  • Loss of consortium — A spouse or registered domestic partner of the injured cyclist may also make a loss of consortium claim. This claim is for the loss of companionship, support, affection, and sexual relations due to the injuries.

  1. Punitive Damages (Exemplary Damages)

Punitive damages are separate from compensatory damages (economic and non-economic) because they do not aim to make the victim whole. They aim to punish the defendant for extremely reckless or malicious conduct, with the intention of deterring similar conduct in the future.

According to Nevada law (NRS 42.005), a judge or jury can award a plaintiff punitive damages in rare cases. Generally, punitive damages are only awarded when the defendant acted with oppression, fraud, or malice. For example, cases involving drunk driving accidents. According to Nevada law, punitive damages are limited to either $300,000 or three times the compensatory damages (if compensatory damages are more than $100,000).

Special Case: Wrongful Death Claims

If the motorcycle accident causes the death of the rider, the surviving family members of the rider (spouse, children, or parents) can file a wrongful death claim. Survivors seek compensation for their losses. This includes:

  • Funeral or burial costs
  • The deceased’s last medical bills
  • The loss of the deceased’s future financial support, company, and guidance

How Will Nevada’s Motorcycle Laws Impact My Accident and Compensation?

Nevada has unique motorcyclist laws that can significantly impact any personal injury claim, even if another driver was primarily at fault. Insurance companies and defense attorneys will closely examine a rider’s compliance with state statutes to invoke the Modified Comparative Fault Rule (NRS 41.141) and limit or deny recovery.

  1. NRS 486.231 States Helmet Law Mandate

Nevada is one of the few states in the country with a universal helmet law, requiring all riders to wear one. Non-compliance, even if the other driver is at fault, can significantly impact your recovery. The defendant’s lawyer will argue that the fact that you were not wearing a helmet caused the severity of your head or neck injuries. As a result, the jury will assign you partial fault for “failure to mitigate damages.” It can result in a percentage reduction of your non-economic damages (pain and suffering) for the head injury, costing you thousands of dollars.

  1. Lane Splitting Legality and Licensing

In Nevada, lane splitting or filtering between lanes of traffic is illegal. When you witness an accident and one of the motorcyclists was weaving between cars or the lane line, then there is a good chance he/she will be assigned a significant percentage of comparative fault. Thereafter, under the 51% rule, he/she will be barred from recovering any compensation.

Furthermore, although riding a motorcycle without the necessary motorcycle endorsement (NRS 486.061) on your license, while not a direct cause of the accident, can still be used by defense attorneys against you. The lack of proper licensing will likely make the rider appear reckless or irresponsible, which will impact how an adjuster or jury views the case. The best protection is full compliance with the law.

How Long Do I Have to File a Motorcycle Accident Lawsuit in Nevada?

Under Nevada law, you have just two years from the date of your accident to file a motorcycle personal injury lawsuit. There are exceptions, including a three-year limit for property damage and lower limits for claims against governments. Missing the deadline permanently bars recovery.

Find a Personal Injury Attorney Near Me

After a motorcycle crash, the complex nature of deadlines and exceptions demonstrates why you should not delay claiming compensation. Once the two-year deadline is up, the courts will permanently dismiss late claims. Insurance companies will stop negotiating with you any longer once you lose your right to sue, either. Do not let this critical deadline pass, and forfeit your right to full compensation.

You should focus on your healing and let a dedicated Las Vegas personal injury attorney handle the fight on your behalf. You can rely on Dallas Horton & Associates to fight for your rights against biased adjusters and in court. Contact us at 702-820-5917 today to secure your rights and begin building your strong claim.