Nevada is an at-fault state for car accidents. The party responsible for causing the accident pays the victims. But is the same true for motorcycle accidents? Is Nevada an at-fault state for motorcycle accidents? Our lawyers explain.
Is Nevada an at-fault state for motorcycle accidents?
Nevada is an at-fault state for motorcycle accidents. Just like with car accidents, the party responsible for the accident pays the victims for their damages.
Are motorcyclists treated differently under Nevada accident laws?
Nevada’s at-fault accident laws apply to motorcyclists just like they apply to others on the roads. Here is what you should know:
- Motorcyclists must have the same liability insurance that other motor vehicles must have
- Required insurance pays for accident liability – if someone else causes the accident, you may claim compensation from their insurance.
- You may also elect additional insurance coverage for collisions, uninsured and underinsured motorists, and medical payments without regard to fault.
- Motorcyclists receive the same treatment under the law as other car accident victims. They may claim their damages. Their rights are equal to all others on the roads.
- The motorcyclist must prove that the other party is at fault for the accident.
If you are a motorcyclist, there is no such thing as a minor accident. Any injuries that you have may be serious. Nevada laws protect motorcycle accident victims just like other car accident victims. You may claim compensation for your losses, including economic and non-economic damages.
What is negligence in a motorcycle accident?
Negligence is the legal standard that determines if someone is liable for a motorcycle accident claim. For a driver to be negligent, the following must be true:
- The defendant owed the plaintiff a duty of care
- They breached their duty of care or did not live up to the standard of the duty of care
- The cause of the accident and the plaintiff’s injuries is a breach of duty
- Damages resulted to the victim
Sources: Nevada Jury Instruction 4.2; Foster v. Costco Wholesale Corp., 128 Nev. 773, 777, 291 P.3d 150, 153 (2012).
All drivers have a duty of care for others on and around the roads. A driver must take the road conditions into account. That means being aware that motorcyclists might be on the roads. There might also be bicyclists and pedestrians. A driver must understand that others may be present. They must take sufficient care to ensure that they do not negligently strike a motorcyclist.
In what ways can a driver be at fault for striking a motorcyclist?
Some ways that a driver can be negligent in a motorcycle accident are:
- Changing lanes when a motorcyclist is present in the other lane
- Trying to make a turn when the motorcyclist has the right of way
- Purposefully opening a door or impeding the motorcyclist from travel
- Failing to allow the motorcyclist full use of the lane
- Failing to observe stop signs and traffic signals
- Drunk driving and drugged driving
- Leaving too little following distance for motorcyclists
- Speeding
- Negligent maintenance of a vehicle; defective equipment
Even though motorcycles are small compared to other vehicles, they have the right to be on the roads. Too often, drivers do not look to make sure that the path is clear before proceeding into the path of travel. Drivers must look for all hazards, including a motorcyclist that may have the right of way. A driver may be at fault for a motorcycle accident when they did not show a reasonable regard for the entire circumstances, including watching out for other traffic like motorcycles.
Who can be at fault for a motorcycle accident?
Parties who may be at fault for a motorcycle accident are:
- The other vehicle’s driver
- The motorcyclist
- Someone who obstructs traffic, including a pedestrian or passenger
- The company that made a manufacturing or design defect with a vehicle
- Employer of a motor vehicle driver
There may be multiple causes of an accident. A car, truck, or other vehicle driver may be at fault for the accident. A motorcyclist may also be at fault. The actions of everyone involved may be relevant to determining who is at fault.
Does shared fault apply in motorcycle accident claims?
Because Nevada is an at-fault state for motorcycle accident claims, the law must account for a situation where there are multiple parties at fault. Even if the motorcyclist is partially to blame, it may not prevent them from receiving compensation.
Nevada uses comparative negligence in motorcycle accident claims. If the victim is not more than 50% at fault, they may receive compensation. The jury decides who is to blame. Then, they determine the total damages of the victim. The court determines the reduced compensation for the victim based on the defendant’s share of fault.
Do not assume that you are at fault for an accident. It might be easy to want to say that you are sorry or wonder what you could have done differently. But legal fault can be complex. Our lawyers can look at the entire situation and apply our legal knowledge to let you know if shared fault may impact your claim.
Proving Fault as Part of a Motorcycle Accident Claim
Remember that fault is only one part of a motorcycle accident claim. You must prove the facts and circumstances that make the other party at fault for the crash. Then, you must prove that it was the negligence of the defendant that caused the accident. Damages may cover a wide range of economic and non-economic losses.
Lawyers for At-Fault Motorcycle Accident Victims
As part of our representation, our lawyers work to prove fault and all the elements of your claim. We verify witness statements, physical evidence, and photographs. We work with experts for accident reconstruction and use technology to explain the facts to the jury.
At Nevada Accident Injury Lawyers, we have built a reputation for putting our clients first. We will fight for the compensation that you deserve following a motorcycle accident.
Contact us for a free and confidential consultation about who may have fault for your motorcycle accident. We can explore all possible avenues for fair compensation and how we may help you bring your case.
Call or send us a message today to begin.