Bicycle accidents in Las Vegas can be life-changing for cyclists. Getting hit by a car while on your bike can result in severe physical injuries and emotional trauma, as well as expensive costs you aren’t prepared to pay. At Edward Bernstein & Associates, we can help you recover if you’ve recently been injured in a bicycle accident in Clark County.
We understand Las Vegas’s bicycle accident laws and can navigate them on your behalf in the pursuit of justice and fair financial compensation. You do not have to get through this difficult time alone. Contact our lawyers today at (702) 508-7334 to start your case with a free consultation. We will fight aggressively to make things right.
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Why Choose Our Las Vegas Bicycle Accident Attorneys?
- Edward M. Bernstein and his team of Las Vegas personal injury lawyers have been helping injured bicycle accident victims in Las Vegas for more than 47 years. We have what it takes to handle your claim, big or small.
- We prioritize customer service. We treat every client with the utmost dignity and respect. Our lawyers understand what you’re going through after a bicycle accident and will do everything we can to achieve your case goals.
- For your convenience, our law firm is headquartered in Las Vegas, with two law offices in the Las Vegas area and one in California. We always communicate openly, honestly, and frequently with our clients.
- Our services are always affordable because we operate on a contingency fee basis. This means you will only be charged an attorney fee if we win your bicycle accident case and secure compensation for your losses.
How a Bicycle Accident Lawyer in Las Vegas Can Help You
An experienced bicycle accident attorney in Las Vegas can assist you in many ways. As your legal advocate, your attorney will work hard to build a strong injury claim on your behalf from the very beginning. This may involve thoroughly investigating the accident, interviewing eyewitnesses, gathering evidence, and hiring bike accident experts to strengthen your claim.
A lawyer has extensive experience negotiating with automobile insurance providers, which is instrumental if you wish to recover maximum financial compensation for your losses. Although most bicycle accident cases in Las Vegas reach settlements, hiring an attorney also gives you the option of going up against a defendant (at-fault party) in court to seek the results you deserve.
Fatal Bicycle Accident Statistics in Nevada
Bicyclists are constantly at risk of getting hit by cars in Las Vegas. Drivers in the area are often guilty of careless and dangerous acts, such as driving while intoxicated or distracted. This puts vulnerable road users, such as cyclists and pedestrians, at high risk. From 2015 to 2019, 41 fatal bicycle accidents were reported in Nevada. Clark County reported the highest number (34).
In Nevada, the majority of bicyclists killed from 2015 to 2019 were males aged 51 to 55. More than half (59 percent) of fatal bicycle crashes occurred during daylight hours, and 49 percent occurred over the weekend (Friday, Saturday, and Sunday). The majority of fatal bicycle accidents (44 percent) took place on a roadway, not at an intersection.
Common Causes of Las Vegas Bicycle Accidents
Bicycle accidents in Las Vegas can result from a variety of causes, from driver error to dangerous roadways. Since Nevada is a fault-based state, you or your lawyer will need to determine the cause of your bicycle accident and identify who is at fault before you can file an insurance claim.
Some of the most common causes of bicycle accidents in Las Vegas include:
- Drivers not paying attention to the road (distracted driving)
- Texting while driving or other cell phone use
- Driving under the influence of drugs or alcohol
- Following or passing too closely
- Ignoring red lights and stop signs
- Failing to yield the right-of-way to cyclists
- Failing to keep a proper lookout when reversing
- Reckless or aggressive driving
- Opening a car door into a cyclist (dooring)
- Making an unsafe left-hand turn
- Speeding or driving too fast for conditions
- Driving or parking in a bicycle lane
- Environmental factors, such as potholes and other road defects
- Mechanical issues with the bicycle, including product defects
An investigation by our attorneys at Edward Bernstein & Associates can identify who or what caused your bicycle accident in Las Vegas. We can hire experts to reconstruct the accident, for example, and collect evidence to establish fault.
Typical Bicycle Accident Injuries
Although every bicycle accident case is unique, the mechanics of these collisions mean that many victims suffer similar types of injuries. This includes injuries to the face, head, skull, and brain from an impact between the biker’s head and the asphalt or a motor vehicle. Traumatic brain injuries can be extremely serious, with long-lasting symptoms and effects.
Common types of bicycle accident injuries include:
- Lacerations
- Road rash
- Broken bones
- Soft-tissue and muscle injuries
- Concussion and other brain injuries
- Facial injuries
- Neck injuries
- Spinal cord injuries (including permanent paralysis)
- Lower body injuries
- Internal injuries and damage to organs
- Psychological trauma
- Wrongful death
Injuries from a bicycle accident can require thousands of dollars in medical care, including surgeries, medications, therapy, and rehabilitation. At Edward Bernstein & Associates, we believe that victims shouldn’t have to pay for injuries that are caused by others. We can help you seek fair financial compensation for any type of bike accident injury.
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Who Pays for a Bicycle Accident in Las Vegas, Nevada?
When a harmful bicycle accident takes place, the insurance provider of the at-fault party is held financially responsible or liable. This is how the tort-based insurance system works in Nevada. Under this rule, if a motor vehicle driver is negligent or acts with a substandard level of care, the driver’s automobile insurance will pay for a resultant bicycle accident.
In Nevada, all drivers are required to carry at least the following amounts of insurance:
- $25,000 for bodily injury or death of any one person in an accident
- $50,000 for bodily injury or death of two or more persons in an accident
- $20,000 for the destruction of property in an accident
If your attorney can prove that the driver who hit you is at fault, you can access at least these amounts of insurance to pay for your losses. Supplemental or additional coverage may also be available from your car insurance provider, health insurance policy, or third parties, such as a bicycle manufacturer or the government. Our attorneys can assess your unique case to explore all options for making a financial recovery.
How to Prove a Bicycle Accident Claim
While a fault-based law typically grants access to greater financial compensation than a no-fault law, the tradeoff is that you have to prove fault as the injured victim or plaintiff. The burden of proof you must meet is “based on a preponderance of the evidence,” or enough evidence to show that what you are claiming is more likely to be true than not true.
Most bicycle accident cases are based on the claim of negligence, meaning the defendant failed to do what a person using an ordinary amount of care and prudence would have done in the same circumstances.
Negligence has four elements of proof:
- Duty of care: The defendant owed you a duty of care, meaning a responsibility to act in a reasonable manner to prevent a traffic accident.
- Breach of duty: The defendant fell short of the duty of care by behaving carelessly, recklessly, or maliciously.
- Causation: The defendant’s breach of the duty of care is what caused (or significantly contributed to) your bicycle accident.
- Damages: The bicycle accident caused real, compensable losses to you, such as physical injuries and hospital bills
You or your bicycle accident attorney must prove these elements using compelling evidence, which may include a police report, witness statements, testimony from crash and medical experts, photos and videos, medical records, and bills and receipts.
Types of Financial Compensation Available
A bicycle accident in Las Vegas can cause more damage than any amount of money could possibly fix. At Edward Bernstein & Associates, we know that no settlement value can reverse the harm you’ve suffered in a serious bike accident. However, we also know how difficult it can be to move forward when you’re weighed down by medical debts and unsure about your financial future.
As your lawyers, we will strive to secure maximum financial compensation for all of your losses to give you more peace of mind moving forward. You may be eligible for the following types of damages:
- Economic: expenses that were caused by the accident, such as medical bills, short-term or long-term disability, lost wages, lost future capacity to earn, property damage repairs or replacement, and any related out-of-pocket costs.
- Noneconomic: the intangible losses you personally suffered because of the bicycle crash, such as physical pain, emotional distress, mental suffering, post-traumatic stress disorder, anxiety, depression, loss of enjoyment of life and loss of consortium.
- Punitive or exemplary: an additional amount awarded in cases where the plaintiff can prove the defendant acted with “oppression, fraud or malice” (Nevada Revised Statute § 42.005), such as in a case involving a drunk driver.
If you lost a loved one in a fatal bicycle accident in Las Vegas, your family may be entitled to wrongful death damages. These can include reasonable funeral and burial costs, loss of inheritance, lost financial support, loss of companionship and guidance, and your grief and mourning. Financial compensation may be available from an insurance claim or personal injury lawsuit, depending on the situation.
Steps to Take After a Las Vegas Bike Accident
If you get injured in any type of bicycle accident, it’s important to take the correct steps to protect yourself and your legal rights. Otherwise, you could unintentionally hurt your ability to seek compensation from the at-fault party. An insurance company will assess the steps you took – and those you failed to take – when determining your eligibility for coverage.
Here’s what you should do:
- Put your safety first. If possible, remove yourself and your bike from the road to prevent further collisions. If you can’t move due to your injuries, wait for paramedics.
- Call the police. Report the bicycle accident to the local Las Vegas police. Do not admit fault. When the police arrive, write down your police report number.
- Seek medical attention. Get a medical evaluation right away, even if you feel fine. Some injuries may not appear immediately.
- Exchange information. Get the name, phone number, and insurance information of the driver who hit you.
- Document the accident scene. Collect as much evidence as possible while you’re still there, including pictures of the scene and eyewitness information.
After you leave the scene and have seen a doctor, contact the driver’s car insurance company to file a claim. Avoid rushing into a fast settlement, as the first offer may undervalue your losses. Reach out to an experienced bicycle accident lawyer in Las Vegas for help investigating the accident, negotiating with insurance companies, and filing a lawsuit, if necessary.
Take Legal Action Fast – Time Is Running Out
You have a limited amount of time to file a bicycle accident claim in Nevada. A law known as the statute of limitations places a time limit on your right to file a personal injury claim. If your deadline is missed, you may lose the right to seek compensation.
Nevada Revised Statute 11.190 states:
- 4. Within 2 years:
- (e) Except as otherwise provided in NRS 11.215 or 11.217, an action to recover damages for injuries to a person or for the death of a person caused by the wrongful act or neglect of another.
Under this law, you generally have two years from the date of your bicycle accident in Las Vegas to file a related injury lawsuit. Note that an insurance claim should be filed much sooner – within a day or two of the accident.
Some cases are exceptions to the rule. If you need to file a claim against a government entity for an unsafe road condition that caused your bike accident, for example, you will only have 180 days under the Nevada Tort Claims Act. Contact an attorney as soon as possible to ensure you file on time.
Injured in a Las Vegas Bicycle Accident? We Can Help
Dealing with a legal claim after a serious bicycle accident in Las Vegas can be difficult. At Edward Bernstein & Associates, we can handle your bicycle accident claim with care, compassion, and personalized legal services. We will stand by your side through every step of the recovery process, from connecting you to the right doctors to communicating with insurance claims adjusters.
Contact us anytime, day or night, at (702) 508-7334 or by sending us a message, and we will get back to you as soon as possible to schedule a free consultation. During your meeting, you can have your case reviewed by a knowledgeable and experienced bicycle accident lawyer so that you have the information you need to move forward with confidence. We look forward to hearing from you.