If you’ve been injured in a motorcycle accident in Las Vegas, NV, you need a lawyer committed to protecting your rights.
Have you or a loved one been involved in a motorcycle accident in Las Vegas? You don’t face the aftermath alone. Jack Bernstein and his team of experienced Las Vegas motorcycle accident attorneys are here to fight for your rights and help you navigate the complex legal process.
Since 1983, Jack Bernstein has successfully recovered millions in verdict and settlements for our clients. We are dedicated to working with victims and their families to protect their rights and work toward the most favorable outcome possible.
At Jack Bernstein Injury Lawyers, we understand the unique challenges that motorcycle accident victims face. We are committed to providing dedicated representation and personalized attention to each client. Our mission is to ensure that you receive the justice and compensation you deserve.
First Steps After the Crash: Your Action Plan
The moments after impact are a blur. Shock and adrenaline can cloud your judgment. But what you do in those crucial moments—and the days that follow—can make all the difference to your recovery, your legal rights, and your financial future.
Immediate Steps After A Motorcycle Accident
- Safety First: If you can, get yourself and your motorcycle out of the flow of traffic. Your safety is paramount.
- Call 911: Even if your injuries seem minor, get emergency medical help immediately. Some injuries might not be obvious at first.
- Gather Evidence: While the scene is fresh, document everything:
- Exchange contact and insurance information with everyone involved.
- Snap photos and videos of the scene, damage to vehicles, road conditions, traffic signs, and visible injuries.
- If there are witnesses, get their names and contact info. Their statements can be invaluable.
- Protect Yourself: Don’t admit fault, even if you think you might be partially responsible. Let the authorities and insurance companies determine fault based on the evidence.
- Notify Your Insurer: Report the accident to your insurance company, but stick to the facts. Avoid speculating about what happened.
Nevada Legal Requirements:
- Police Report: If law enforcement responded, they’ll file a report. Get a copy – it’s essential for your case.
- Your Report (If Needed): In Nevada, if the police didn’t investigate and there was injury, death, or significant property damage, you MUST file an accident report (Form SR-1) with the Nevada DMV within 10 days. Failing to do so could mean your license gets suspended.
Who’s at Fault? Understanding Liability in Las Vegas Motorcycle Accidents
Nevada’s unique laws play a significant role in determining who’s responsible and who pays after a motorcycle crash. Understanding these laws is key to protecting your rights and getting the compensation you deserve.
Nevada’s Shared Fault Rule: It’s Not Always Black and White
Nevada follows a “modified comparative negligence” law. In plain terms, this means even if you share some responsibility for the accident, you might still be entitled to compensation – as long as you’re not found to be more than 50% at fault. However, your compensation will be reduced based on your percentage of fault.
What this means for you:
Less than 50% at fault: You can still recover damages, but they’ll be reduced based on your share of the blame.
– Example: If you’re 20% at fault and your damages are $100,000, you’d receive $80,000.
More than 50% at fault: You may not be able to recover any damages at all.
Common Causes of Las Vegas Motorcycle Accidents
Negligence and hazards often weave together to cause motorcycle accidents. Motorists’ disregard for bikers, riders’ risky behaviors, and the common harsh road conditions around Las Vegas can all contribute to these collisions.
- Motorist Negligence: Distracted/reckless driving leads to violating bikers’ right-of-way, ignoring blindspots, failing to yield, or sudden lane changes without accounting for motorcycles.
- Distracted Driving: Cell phones, GPS, eating, grooming – anything that takes a driver’s eyes off the road can lead to disaster, especially for less visible motorcyclists.
- Rider Negligence: Speeding, weaving, or lacking protective gear, further increases the risk. Determining shared responsibility between the motorcyclist and the negligent party is crucial.
- Speeding: High speeds reduce reaction times and increase the severity of impacts, making this a major risk factor in Las Vegas motorcycle crashes.
- Environmental Hazards: Road imperfections like uneven surfaces or debris that pose minor threats to cars can prove treacherous to motorcycles.
- Inclement Weather: Rain, winds, or extreme heat/cold impair motorcycle handling, braking, and traction control, increasing slide/fall risks.
- Left-Turn Collisions: A notorious danger for motorcyclists. Often, drivers simply fail to see the approaching motorcycle, turning left directly into its path.
- Impaired Driving: Drunk or drugged drivers have impaired judgment and reflexes, making them a serious threat to everyone, particularly vulnerable riders.
How Nevada Motorcycle Laws Affect Injury Claims
Nevada’s motorcycle safety requirements carry legal implications after accidents:
- Helmet Usage and Injury Claims: Wearing a DOT-certified helmet is mandatory. Lack of proper head protection drastically reduces injury compensation potential and indicates assumption of risk.
- Insurance Minimums May Prove Insufficient: While $25k per person liability coverage is required, crash damages often exceed limits. This underinsurance means claiming full losses is challenging. Additional policies better protect assets.
Traffic laws for Las Vegas also factor into claim validity and shared fault determinations:
- Lane Splitting Indicates Negligence: Motorcyclists riding between lanes, even in dense traffic, are violating statutes. This evidence of improper riding may reduce compensation eligibility.
- Right-of-Way Violations: Motorists failing to yield to motorcyclists when turning/merging implies negligence. However, riders must also take care by positioning themselves to remain clearly visible.
Burden of Proof Against Risk Stereotypes
Motorcyclists confront perceptions about reckless habits that complicate injury claims:
- Reckless Rider Bias: Stereotype of bikers as thrill-seekers leads juries to doubt accident victim credibility. Overcoming this perception burden is key.
- Blamed for Lack of Safety Gear: Belief that injury severity results from not wearing specific protective equipment. However, gear usage doesn’t justify driver negligence.
Unique Passenger Accident Factors
Carrying passengers on motorcycles can significantly alter the dynamics of riding and increase the risk of accidents. The added weight, obstructed sightlines, and potential for distractions can make it more challenging for riders to maintain control and react to hazards effectively.
- Control Difficulties: More weight makes for more difficult handling, especially at high speeds, raising single-vehicle crash risks from factors like tip-overs.
- Visual Obstruction: Passengers can block sight lines, obscuring hazards and slowing reaction times. This heightens collision risks.
- Claims Considerations: When passenger injuries are involved in a motorcycle accident, the claims process can become more complex. Issues such as loss of companionship or support and contributory negligence doctrines may need to be considered.
Determining Liability: It Takes a Keen Eye
Figuring out who’s at fault in a motorcycle accident isn’t always straightforward. It requires a careful investigation of the accident scene, evidence analysis, understanding of Nevada traffic laws, and examination of witness statements.
That’s where an experienced Las Vegas motorcycle accident attorney like Jack Bernstein comes in. He can guide you through this complex process, fight for your rights, and ensure the responsible party is held accountable.
Serious Injuries in Las Vegas Motorcycle Accidents
In the aftermath of a motorcycle accident, the reality of injuries can be harsh. Unlike those in cars or trucks, riders lack the protection of a metal cage, airbags, and seatbelts. This leaves them exposed to a wide range of devastating injuries, many with lifelong consequences.
Common Motorcycle Accident Injuries:
- Head Injuries: Traumatic brain injuries (TBIs) are a frequent and severe outcome. These can range from mild concussions to life-altering brain damage, with treatment costs soaring from $85,000 to over $3 million.
- Spinal Cord Injuries: The spinal cord is incredibly delicate. Damage here can lead to partial or complete paralysis, requiring lifelong care and drastically changing your life. Treatment and management costs can range from $350,000 to $5 million or more.
- Road Rash and Abrasions: These might seem minor at first, but the pain and risk of infection are serious. Severe cases might need skin grafts, costing from $10,000 to $50,000 or more.
- Fractures and Broken Bones: Broken arms, legs, ribs – these are common. They often require surgery, hospitalization, and extensive rehab, easily costing $20,000 to $80,000 or more.
The Long Road Ahead: Life After a Motorcycle Accident Injury
The pain doesn’t stop when you leave the hospital. Many motorcycle accident injuries leave lasting scars:
- Chronic Pain: The nagging reminder of the accident, impacting your daily life.
- Disability: Loss of abilities, making it difficult to work or enjoy activities you once loved.
- Loss of Mobility: Difficulty walking, standing, or even performing simple tasks.
- Ongoing Medical Needs: A lifetime of treatments, therapies, and assistance.
Medical Records: Your Key to Compensation
Thorough medical documentation is crucial. It’s the backbone of your legal case, providing detailed proof of your injuries, the treatment you’ve received, and the estimated costs of future care. These records are your ticket to getting the compensation you need to cover all your medical expenses, now and in the future.
Dealing with Insurance Companies After a Motorcycle Accident
Dealing with insurance companies after a Las Vegas motorcycle crash can feel like a high-stakes poker match you didn’t sign up for. Their goal? Minimize payouts, even if it means using tactics that might not be in your best interest.
Insurance Company Tactics: Watch Out for These Tricks
- Lowball Offers: Insurers often try to settle quickly, before you fully grasp the extent of your injuries and losses. That initial offer might sound good when bills are piling up, but it’s rarely enough to cover everything, especially future medical care and lost income.
- Blame Game: Even if it’s clear the other driver is at fault, adjusters are skilled at shifting blame onto the rider. They’ll scrutinize your every move, question your experience, or even suggest you broke traffic laws.
- Delay Tactics: By dragging out the process, they hope to wear you down, making you desperate enough to accept a lower settlement.
- The Evidence Runaround: They might demand endless paperwork or claim your evidence isn’t enough, all to cast doubt on your claim and avoid paying out.
What to Expect From Your Own Insurance
Your insurance company might cover medical bills and property damage, depending on your policy. It’s crucial to understand your uninsured/underinsured motorist (UM/UIM) coverage. This protects you if the at-fault driver doesn’t have insurance – or enough to cover your losses.
Why a Lawyer is Your Ace in the Hole
A skilled Las Vegas motorcycle accident attorney levels the playing field. They’re not intimidated by insurance companies and will fight for what’s rightfully yours.
Here’s how a lawyer can help:
- Negotiation: They understand the insurer’s playbook and know how to counter their tactics. They’ll negotiate on your behalf to secure a fair settlement that truly covers all your losses – medical bills, lost wages, pain, suffering, and more.
- Evidence: Your attorney will thoroughly investigate the accident, gather crucial evidence (police reports, medical records, witness statements), and build a rock-solid case to support your claim.
- Protection: They’ll be your shield throughout the process, ensuring your rights are protected and that you’re not taken advantage of.
Many motorcycle accident lawyers in Las Vegas work on a contingency fee basis. This means you only pay them if they win your case. No upfront costs, no financial risk – just peace of mind knowing you have a powerful ally in your corner.
How a Las Vegas Motorcycle Accident Attorney Can Help
The legal aftermath of a motorcycle crash can feel like navigating the Strip with your eyes closed. It’s a maze of paperwork, deadlines, insurance jargon, and tough negotiations. That’s where a seasoned Las Vegas motorcycle accident attorney like Jack Bernstein becomes your trusted guide. He’ll use his deep knowledge of Nevada law to cut through the confusion and fight for your rights.
Why Legal Expertise Matters in Las Vegas
Motorcycle accident law is full of twists and turns, especially in Nevada. Jack Bernstein has been practicing personal injury law here for 40 years. He knows the ins and outs of the local legal landscape and understands the specific challenges faced by Las Vegas riders.
- Decoding Insurance Policies: Jack can decipher the fine print in your insurance policy, ensuring you get every penny you’re entitled to.
- Interpreting Traffic Laws: He’ll analyze the details of your accident, applying Nevada’s traffic laws to determine liability and build a strong case on your behalf.
- Navigating Local Courts: Jack’s familiarity with Las Vegas courts gives you an edge, ensuring your case is handled efficiently and effectively.
Going Head-to-Head with Insurance Companies: Jack’s Got Your Back
Insurance companies are notorious for their hardball tactics. But with Jack Bernstein in your corner, you won’t be bullied into accepting a lowball offer. He’ll go to bat for you, pushing back against unfair claims and demanding a settlement that truly reflects the full extent of your damages:
- Medical Bills: Past, present, and future.
- Lost Wages: Income you’ve lost and may continue to lose due to your injuries.
- Pain and Suffering: The physical and emotional toll of the accident.
- And More: Other damages like property damage, loss of enjoyment of life, and more.
Why Hire Jack Bernstein Injury Lawyers for your Las Vegas Motorcycle Accident?
Jack G. Bernstein, Esq. has been protecting the rights of injured victims and their families for over 40 Years.
Protecting Your Rights For Over 40 Years.
What Our Clients Say
I just wanted to give a special thanks to Jack Bernstein and his team. I now have had to use Mr. Bernstein for a second time, and I can’t stress enough how supportive, caring and just such a huge open communication his team offers and as well as Mr. Bernstein. He is quite the power house of an attorney and will have his clients best interest. Day or Night Mr. Bernstein will answer his personal cell phone and has always gotten back to me in a timely manner. I want to sincerely thank Jack Bernstein for going up to bat for me, not once but twice. He is truly in the right field of practice and he is just has been extremely genuine to me and my family. I can’t thank you enough Jack Bernstein. If you were facing a slip and fall, I highly recommend Jack and his team. He will deliver nothing short of what you are entitled to and what you deserve.
With over 40 years representing injury victims, Jack Bernstein offers unparalleled experience fighting for bikers’ rights with compassion. His trademark hands-on approach and proven results set him apart.
Personalized Counsel
Jack directly oversees every case with customized strategies reflecting each client’s unique needs. You’re more than just a number. Jack understands the turmoil you’re enduring and will be there offering trusted guidance.
In-Depth Motorcycle Case Expertise
Jack knows the distinct legal intricacies facing motorcyclists – from combating “reckless rider” assumptions to calculating damages for severe harm like paralysis or traumatic brain injuries. Clients benefit from his mastery navigating motorcycle cases.
Fierce Courtroom Advocacy
While aiming to settle favorably out-of-court, Jack excels in litigation when necessary, leveraging technical resources like accident reconstruction to maximize compensation. His tenacity has recovered millions for clients.
When catastrophically injured on a motorcycle, the deck is stacked against you. But with Jack in your corner, the odds swing in your favor. Focus on healing – Jack’s got your back.
Your First Step: A Free Consultation with Jack Bernstein
We offer free consultations to all motorcycle accident victims. This is your chance to discuss your case, ask questions, and get to know Jack and his team. We understand the pain and stress you’re going through, and we’re here to help. Don’t hesitate to contact us today. Remember, “Jack’s got your back!”
What to Expect: Navigating Your Motorcycle Injury Claim
The typical steps involved in a Las Vegas motorcycle injury claim is straightforward, but inside each step is loaded with complexities and nuances that influence your chances of settlement.
Step 1: Document the Incident via Police Reports, Medical Records and Other Evidence
The foundation of any claim is meticulous documentation from authorities, physicians and more. Collision details and injury extent must be recorded quickly while fresh.
Step 2: Conduct Investigation and Accident Reconstruction
Work with an attorney to analyze motorcycle and site damage, preserve video footage (especially helmet cam footage), interview eyewitnesses, assess line of sight obstructions and model crash dynamics. This comprehensively determines fault attribution.
Step 3: Dispute Rider Negligence Arguments by Insurance Companies
Expect pushback based on false reckless stereotypes. Provide alternative perspectives grounded in investigation findings, highlighting motorist negligence. Have medical experts prepare reports supporting injury claims.
Step 4: Calculate Damages Spanning Medical, Vocational and Overall Life Impact
Quantify immediate and long-term care costs. Factor income loss from missing work initially through reduced future earnings. The rigor directly influences compensation.
Step 5: Negotiate an Equitable Settlement or Prepare for Trial
Settlement talks involve back-and-forth before reaching an agreement, often taking years. If offers still lack fairness, litigation is required to recover losses.
Motorcycle Injury Claims and Compensation FAQs
Successfully navigating motorcycle collision compensation involves documenting injuries promptly, conducting thorough investigations to determine liability, disputing unfair negligence assumptions, accurately calculating both immediate and lifelong impact of disabilities for highest possible restitution. Payouts for motorcycle injury cases range from thousands to millions depending on the severity.
Determining liability can be complex for a motorcycle accident and heavily depend on the specific circumstances. The driver has a duty to operate their vehicle in a safe manner and if they fail to do so they can be held liable. Major factors would be duty of care, visibility, traffic violations, and negligence.
Yes, helmet camera footage providing firsthand documentation of traffic violations like distracted driving or failure to yield right-of-way that directly caused your collision can override police assumptions of biker recklessness. This compelling evidence bolsters injury claim validity.
Capture information like date/time, weather and road conditions, eyewitness accounts, vehicle damage estimates, and take photos capturing critical sight line obstructions at the scene. Also always promptly seek medical care after a collision to record wounds before healing occurs.
Yes, under comparative fault statutes, even if another driver mainly caused your collision, any partial rider negligence like speeding, lack of gear, or dangerous maneuvering can reduce injury claim payout percentages. An attorney maximizes outcomes.
Yes, lack of DOT-certified helmet usage can be deemed assumption of risk, indicating you accepted accident dangers knowingly. This will likely substantially reduce financial eligibility. An experienced lawyer still retrieves maximum possible damages.
Contributory factors like speeding don’t prohibit legal action but will lead to reduced compensation through comparative negligence statutes. Having a skilled motorcycle attorney will help limit this deduction, ensuring you get the compensation you deserve.
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Contact Us for a Free Consultation
If you or a loved one have been injured in an accident, contact Jack Bernstein Injury Lawyers for a free, no obligation consultation with experienced personal injury lawyers. You will gain an advocate for every stage in the claims process until you have the compensation you deserve.
Jack Bernstein Injury Lawyers is available to help you handle your accident claim in the Las Vegas metropolitan area and beyond. Jack Bernstein and his team can offer you the personalized service and legal representation you deserve.
Call us at (702) 633-3333 or contact us today for a free consultation to discuss your case.
Why Choose Jack Bernstein to Represent your Case?
Jack G. Bernstein, Esq. has been protecting the rights of injured victims and their families for over 40 Years. Since 1983, Jack Bernstein has a proven track record of successfully representing clients in injury and accident cases recovering millions of dollars in verdict and settlements.
Jack Bernstein Injury Lawyers have the knowledge, experience, and resources to handle even the most complex personal injury cases in Nevada. Jack Bernstein is personally involved in every single case the firm manages.
