Mesquite Motorcycle Accident Attorneys

Filing a Motorcycle Accident Claim in Nevada

Motorcyclists face significant dangers on the road. Because they are relatively unprotected, even when they wear approved helmets, motorcycle riders often sustain catastrophic or fatal injuries when they are involved in collisions with other vehicles. According to the Nevada Traffic Safety Crash Facts, 305 people died in motorcycle-related accidents statewide between 2014 and 2018.

If you were injured or if someone you love tragically lost their life in a motorcycle accident, reach out to our team at Bertoldo Carter Smith & Cullen. Since 1985, our Mesquite motorcycle accident attorneys have been effectively representing the rights of injured riders throughout Nevada. We have recovered millions of dollars in compensation for our clients, including many million- and multimillion-dollar settlements and verdicts. We are prepared to aggressive advocate for maximum compensation on your behalf.

Injured in a motorcycle accident? Contact our firm online or call (702) 505-8115 to schedule a free consultation with a member of our team.

Do You Have to Have Motorcycle Insurance in Nevada?

The state of Nevada requires motorcyclists to carry the same minimum liability insurance as any other driver. Liability insurance does not cover your medical bills or other losses after an accident; it is meant to cover the other person’s damages if you were at fault for the crash.

In Nevada, motorcyclists are required to have the following liability insurance amounts:

• $15,000 in bodily injury or death per person
• $30,000 in bodily injury or death per accident (two or more people)
• $10,000 in property damage coverage

While you cannot have less than these amounts, you can elect to add more coverage—and it is a good idea to do so. In addition to upping your liability coverage, you can add supplemental motorcycle insurance to your policy, including personal injury protection (PIP) and medical payments (MedPay) coverage. These forms of insurance cover you if you are injured in an accident caused by another driver.

Who Is Liable for a Motorcycle Accident?

Nevada follows a traditional fault-based system when it comes to motorcycle accidents. This means that you must file an insurance claim with the at-fault person’s auto insurance provider to receive compensation for your damages, such as medical bills and lost wages.

Determining who is liable for an accident typically involves identifying the cause of the collision. Some of the most common causes of motorcycle accidents include:

• Speeding
• Distracted driving
• Texting and driving
• Drunk driving
• Fatigued driving
• Unsafe or illegal turns
• Unlawful passing
• Following too closely
• Failure to yield the right of way
• Failure to check for motorcyclists in vehicle blind spots
• Unsafe merging or lane changes
• Sudden stops
• Reckless or aggressive driving

Other common causes of motorcycle accidents include roadway defects, such as potholes or inadequate road maintenance, and faulty vehicles or safety equipment. When these factors play a role, the injured victim may have a claim against a liable manufacturer, municipal entity, or another party.

At Bertoldo Carter Smith & Cullen, we work alongside accident reconstructionists and other experts who help us investigate claims and accurately pinpoint liability. We understand the unique challenges injured motorcyclists face, and we are prepared to stand up for you and your rights.

Can You File a Motorcycle Accident Claim If You Were Partly at Fault?

When it comes to motor vehicle accidents involving multiple at-fault parties, Nevada follows a “modified comparative negligence” rule. What this means is that an injured accident victim can file a claim against the other party’s insurance company even if they were partly at fault—as long as they were not more than 50 percent to blame for the crash. In other words, if you were 51 percent or more at fault, you cannot file a claim or recover compensation from the other person’s insurance provider.

However, if you are 50 percent or less at fault, you can still seek compensation for your damages. An important note: when you are partly at fault for an accident, the amount you can recover in compensation will be reduced by your percentage of fault. For example, if the insurance adjuster finds you 30 percent to blame, you can only recover up to 70 percent of the total amount you are seeking in damages. If you suffered $100,000 in damages, you would only be able to recover $70,000. In other words, being found partly at fault can make a significant difference in your recovery.

It is important that you work with an attorney after a motorcycle accident, as an attorney can protect your rights and, if appropriate, challenge the insurance adjuster’s assignment of blame.

Why Should You Hire a Motorcycle Accident Lawyer?

It’s always important to work with a lawyer after any motor vehicle accident, but motorcyclists face certain unique challenges that other accident victims do not. Injured motorcyclists often have a harder time proving that another person or party was at fault, as many insurance adjusters (and juries) have a misconception that motorcycle riders are risky, dangerous drivers. Proving that you were not to blame, or that you were only partly to blame, can be difficult when you are already at a disadvantage.

When you work with an experienced attorney, like those at Bertoldo Carter Smith & Cullen, you send a message to the insurance company that you are not going to settle for less than your case is worth. Your attorney will also be able to handle the various legal details of your case while you focus on your physical recovery.

Our Mesquite motorcycle accident lawyers are prepared to aggressively advocate for your maximum recovery. We have recovered millions of dollars in compensation for our clients and know how to protect your rights. Our team strives to be a voice for the voiceless and provide the personalized guidance our clients need to effectively navigate the legal process.

Contact Bertoldo Carter Smith & Cullen Today

Our compassionate and experienced attorneys handle complex personal injury and wrongful death cases on behalf of motorcycle accident victims and their families. We understand how difficult this time is in your life, which is why we offer attentive, personalized, and empathetic guidance throughout the legal process. You can rely on our team for consistent communication, accessibility, and one-on-one attention from your attorney.

There is no case too complex or too challenging for our legal team. Reach out to us today to learn how we can help you hold the negligent party accountable and fight for the maximum compensation you are owed. There are no legal fees unless we recover a settlement or verdict for you.

Submit a free online case evaluation form or call our office at (702) 505-8115 for a complimentary consultation today.