Many people fall back on negative stereotypes and presume that a rider is probably at fault for a motorcycle accident. The truth is that car drivers are just as likely, if not more likely to be the at-fault party in a motorcycle-car collision.
If a driver’s insurance company is accusing you of being at fault for losses and injuries you suffer in a Nevada motorcycle accident, call the Nevada motorcycle accident lawyers at Valiente Mott. We appreciate riding culture, and we will analyze all of the facts and information in your case to determine fault and to recover the damages you deserve from an at-fault driver who caused your accident.
What factors are considered to determine fault in a motorcycle accident?
The same factors that establish fault in an automobile collision will also be used to determine fault in a motorcycle accident, including:
- Descriptions of the accident by the rider and the driver
- Police reports
- Eyewitness testimony
- Public Information about weather and traffic conditions
- Surveillance cameras that might have captured the accident
- Expert accident reconstruction reports
Las Vegas car accident attorneys who understand the challenges and dynamics of riding a bike in traffic will also look at factors that are specific to motorcycles, such as whether the rider wore clothing to make him or her more visible, the bike’s maintenance records, and the rider’s skills and ability to control the type of bike that he or she was riding.
Why is determining fault important in a Nevada motorcycle accident?
Under Section 41.141 of the Nevada Revised Statutes, an injured party in a motorcycle crash can recover damages from an at-fault party only if the rider’s relative fault for causing the accident is not greater than the motorist’s fault. In the context of a motorcycle accident lawsuit, this means that if a jury determines that a rider was more than 50% at fault, then the rider will have no opportunity to collect damages from the other party, even if that party was partially responsible for the accident.
When you need to file a lawsuit to recover compensation after you are in a Nevada motorcycle accident, make sure you retain an experienced lawyer who knows how to marshal the facts and evidence in your case to assign all or the majority of fault to the party that you are suing. Any suggestion that a rider caused the accident can reduce or eliminate the rider’s right to collect the damages he or she is entitled to receive.
Call Valiente Mott
Determining fault in a Nevada motorcycle accident is often a function of the skills and ability of lawyer who can properly emphasize the critical facts in the case to shift as much of the fault to the defendant or another party. The motorcycle accident lawyers at Valiente Mott employ their knowledge and experience to frame motorcycle accidents in ways that they know will work best for their injured clients in Nevada.
For a complimentary assessment of how fault might be determined in your Nevada motorcycle case, please call our Las Vegas offices or any of our satellite offices as soon as you can after your riding accident.