Las Vegas Bicycle Accident Attorney
Bicycles are environmentally friendly, fun to ride, and a healthy alternative to motor vehicles for short-range local transportation. Many people living and working in the Las Vegas area rely on their bicycles to move about the area easily, and while most enjoy their time riding without experiencing any problems, accidents can and do happen in various ways. When a motor vehicle driver hits a bicyclist, the victim is likely to suffer extreme injuries, some of which can cause permanent effects.
Helping Bicycle Accident Victims Recover in Las Vegas, NV
If you or a family member recently suffered injuries in a bicycle accident in the Las Vegas area, you need a personal injury attorney you can trust to ensure accountability for your damages. In addition, your legal representative can help you navigate the difficult recovery process you face with greater confidence. Recovery from any vehicle accident in Las Vegas is likely to entail an auto insurance claim against the at-fault driver followed by a personal injury suit. When you have a responsive legal advocate, you are best equipped to meet the challenges these proceedings present and reach the best possible outcome for your case.
Proving Liability for Your Bicycle Accident
Before the victim of a bicycle accident in Las Vegas can secure any form of compensation for their losses, they must identify the party responsible for causing their accident. Unfortunately, it’s possible for a bicycle accident to occur because of negligence or intentional misconduct. A few of the most commonly reported causes of these incidents in Las Vegas include:
- Distracted driving, which is the leading cause of all motor vehicle accidents throughout the country each year. A few seconds of inattentive driving is all it can take for a driver to cause devastating injuries to a bicyclist. Your Las Vegas bicycle accident attorney will help you gather the evidence needed to prove the at-fault driver was not paying close enough attention behind the wheel when they caused your injuries.
- Speeding. Whenever a driver speeds, they put themselves and everyone around them at risk. Speeding can significantly reduce the time and distance a driver has to slow down or stop to avoid a collision. Speeding not only increases the chances of an accident happening but also the severity of the resulting damages.
- Moving violations, such as improper lane changes, illegal turns, running red lights or stop signs, or failing to navigate intersections correctly. Any moving violation can disrupt the flow of traffic, and bicyclists can easily become trapped in these situations.
- Driving under the influence (DUI) of drugs or alcohol. This is illegal and can incur penalties, including fines, jail time, and driver’s license suspension. Penalties increase significantly when the at-fault driver has hurt or killed someone while driving under the influence. Illegal misconduct from a defendant can significantly influence the plaintiff’s recovery efforts in many ways.
No matter how your bicycle accident happened, you will need an experienced Las Vegas bicycle accident attorney to help you recover your damages. Once you have identified the driver or drivers responsible for your accident, the next phase of your case requires proving the scope of the damages you suffered in the accident.
Claimable Damages in Las Vegas Personal Injury Cases
Nevada law allows the plaintiff of a personal injury case to pursue full compensation for all the economic damages they suffered because of a defendant’s illegal misconduct or lack of reasonable care. While the average person is likely able to calculate immediately recognizable damages like medical expenses and lost wages during their recovery, they may struggle to assess the long-term financial impact of their accident.
Under state law, the plaintiff in a personal injury case can seek compensation for both immediate and future economic damages. For example, if you were physically injured, you can seek repayment of your medical bills, but you can also hold the defendant accountable for any long-term medical treatment costs you face. Similarly, if you are unable to work due to your injuries, the defendant is responsible for lost wages immediately following the accident, as well as the future income you are no longer able to earn.
After calculating property damage, medical expenses, and lost income, both immediate and future, you might be surprised to discover that your total economic damages are more than you initially anticipated. However, your recovery can also include the pain and suffering you experienced. State law allows you to seek compensation for physical pain and emotional distress caused by the defendant’s actions. Depending on the scope of the injuries you suffered, this could potentially form the bulk of your total compensation.
Personal injury attorneys in Las Vegas typically use two methods for calculating their clients’ pain and suffering compensation. The per diem method is most appropriate for clients who are expected to fully recover in relatively short timeframes. This would award a specific compensation for each day they spend in recovery until they reach maximum medical improvement. The multiplier method is more suitable for clients facing extensive permanent harm. The attorney multiplies the client’s total economic damages by a factor of one to five to reflect the severity of their condition.
Comparative Fault in Las Vegas Personal Injury Claims
If you intend to file any personal injury case in Las Vegas, it is vital to understand the state’s modified comparative fault rule. This rule states that if multiple parties share liability for a personal injury, each party will receive a fault percentage to indicate their level of liability. This would include the plaintiff if they contributed to causing their claimed damages. However, plaintiff fault is capped at 50%, meaning if a plaintiff bears more than 50% fault for causing the incident in question, they lose the right to seek compensation from the defendant.
If an investigation reveals that you are partially to blame for your bicycle accident, the judge handling your case will assign you a fault percentage to reflect your level of liability. This percentage will then be deducted from your final compensation. For example, if you file a $500,000 claim in which you bear 10% liability, you will lose 10% of your case award, or $50,000. Depending on the scope of your claimed damages, comparative fault can have a tremendous negative impact on your case award. If you have any reason to worry that you are partially responsible for causing your recent bicycle accident, it is imperative that you consult an experienced Las Vegas bicycle accident attorney as soon as possible.
What to Expect in Your Las Vegas Bicycle Accident Claim
A bicycle accident is a form of vehicle accident, and state law requires all drivers to carry auto insurance that includes bodily injury liability coverage and property damage liability coverage. Therefore, when another driver is responsible for a bicycle accident, the victim can file a claim against their auto insurance policy. This could potentially help them recover some initial compensation for medical expenses and property damage, such as the cost of replacing their bicycle.
Having an experienced Las Vegas bicycle accident attorney help you with the insurance claim filing process significantly improves your chances of securing a favorable claim determination in the shortest time possible. In addition, once the at-fault driver’s insurance company recognizes that you have legal counsel, they will be more inclined to process your claim as efficiently as possible, and you will be less likely to encounter any bad-faith tactics from the insurance company’s representatives.
After exhausting this initial recovery effort, you can proceed with a personal injury claim against the defendant. If they caused your accident through any form of illegal misconduct, the state may open a criminal case against them, and your Las Vegas bicycle accident attorney will advise you as to how this may influence your recovery. Otherwise, you should seek to settle your claim as swiftly as possible. Private settlement allows both you and the defendant to minimize your legal expenses and streamline the resolution of the case. If, for any reason, you cannot resolve your claim through private settlement, your attorney can prepare you for trial.
When you have the attorneys at Easton & Easton representing you, we will help you make informed and confident decisions about every aspect of your case. We take time to get to know our clients’ unique stories, helping them understand the legal mechanisms likely to come into play in their recovery efforts. Whatever your unique bicycle accident case entails, you will have a responsive and compassionate legal representative ready to answer your questions, address your concerns, and provide invaluable legal guidance through every stage of your recovery efforts.
Bicycle Accident Lawyer FAQs
Q: How Much Compensation Can I Claim for a Bike Accident in Las Vegas?
A: When another party is responsible for injuring you in any way in Las Vegas, you can seek full repayment of all the economic losses they inflicted. Additionally, you can claim compensation for the pain and suffering they caused. However, since so many variables can influence a plaintiff’s total compensation in a personal injury case, it is always best for them to seek reliable legal counsel as soon as possible after an accident to have the best chance of maximizing their compensation.
Q: What Happens when Bicycle Accidents are Fatal?
A: Unfortunately, some bicyclists do not survive the accidents they experience, leaving their loved ones with grief and a host of financial losses. If you have lost a family member in any fatal accident caused by another party, you likely have grounds to file a wrongful death claim. This type of case is similar to a personal injury claim in several ways, with a few key differences. It is crucial to seek legal representation from an experienced wrongful death attorney if you must pursue this type of claim in Las Vegas.
Q: How Long Will It Take to Recover Compensation for My Bicycle Accident Claim?
A: If you have a Las Vegas bicycle accident attorney with the right experience representing you and the defendant is liable for the incident in question, it should only take a few weeks to settle your case with an acceptable result. However, if settlement is not possible for any reason or if the defendant asserts comparative fault, your case may need to be resolved through litigation. This will take much longer and require experienced legal counsel from a Las Vegas bicycle accident attorney you can trust if you want to reach the best possible outcome.
Q: Will the Defendant Go to Jail for Causing My Bike Accident?
A: If the defendant in your claim caused the bicycle accident through negligence, it is unlikely they will face prosecution. However, if the actions that caused the accident exceeded the scope of negligence or were illegal, the state is likely to file criminal charges against them. If your bicycle accident happened because of any type of illegal misconduct, your attorney can advise you as to how this could influence your recovery efforts.
Q: Is It Worth Hiring a Las Vegas Bicycle Accident Attorney?
A: It is always worth investing in legal counsel you can trust when you are struggling in the aftermath of painful injuries and expensive economic damages caused by another party. Your legal representative can assist you in streamlining your recovery efforts and help you maximize the compensation you obtain from the defendant. In addition, when you choose Easton & Easton as your attorneys, we only take a contingency fee as a percentage of your case award if you win, and there is no fee at all if we are unable to secure compensation on your behalf.
The attorneys at Easton & Easton have helped many past clients recover suitable compensation for the damages they suffered because of the negligence and misconduct of others. We take time to develop individualized legal strategies for every client, helping them feel more comfortable in the challenging legal proceedings they face in their recovery efforts. If you are ready to learn how an experienced Las Vegas bicycle accident attorney can empower your recovery, contact the attorneys at Easton & Easton today and schedule a consultation with our team.