Motorcycle accidents can cause severe physical and emotional damage to the rider. Despite numerous awareness campaigns to make people understand the potential risks involved, negligent drivers continue to endanger motorcyclists. If you have been in a motorcycle accident and want to know who is at fault, read on. In this article, we, J. Cogburn Law, the best motorcycle injury law firm in Las Vegas, will guide you through the process of determining fault and help you understand Nevada laws related to it. So, how do you determine fault in a motorcycle accident in Las Vegas?
Comparative Negligence
Nevada follows the principle of comparative negligence to determine fault in a motorcycle accident. Comparative negligence law considers the degree of fault assigned to each party involved in the accident. If you are less than 50% at fault for the accident, you may be entitled to compensation for your injuries. For example, if the jury determines that you are 30% at fault for the accident, your compensation will be reduced by 30%. It is, therefore, essential to consult an experienced attorney for fair compensation.
Left-Turning Drivers
Left-turning drivers are one of the most common causes of motorcycle accidents. Nevada law mandates that left-turning drivers must yield to oncoming traffic before proceeding with the turn. If a driver makes a left turn without checking for oncoming traffic and strikes your motorcycle, they are undoubtedly at fault. However, if the driver can prove that they had the right of way and you were speeding, they may argue that you share fault for the accident.
Lane Splitting
Lane splitting is legal in Nevada, but motorcyclists must do it safely. This means that the motorcyclist must not go faster than 10 mph over the traffic flow and must do it while exercising caution. If a motorcyclist lane splits and collides with a car, the driver may argue that the motorcyclist was driving recklessly or in a way that was not safe for other vehicles. If the driver can prove this, the motorcyclist may share fault for the accident.
Rear-End Collisions
Rear-end collisions are among the most common types of motorcycle accidents. Nevada law mandates that drivers must maintain a reasonable distance behind the vehicle in front of them to avoid rear-end collisions. If a driver hits the motorcycle from behind and was not able to maintain a safe distance, they will be found at fault. However, if the driver can prove that the motorcyclist was braking suddenly or illegally changing lanes, they may argue that the motorcyclist shares fault for the accident.
Compensation for Injuries
The amount of compensation for injuries sustained in a motorcycle accident depends on various factors, such as the severity of injuries and the degree of fault assigned to each party. It is essential to consult an experienced attorney to determine the best course of action and ensure that you receive fair compensation. In addition, Nevada law follows the modified comparative negligence rule, which provides that if you are more than 50% at fault for an accident, you may not recover any damages.
How do you determine fault in a motorcycle accident in Las Vegas?
In conclusion, determining fault in a motorcycle accident is not always as straightforward as it seems. Comparative negligence, left-turning drivers, lane splitting, and rear-end collisions are some common factors that come into play while determining fault. As a rider, it is essential to exercise caution and obey traffic laws to minimize the risks of accidents. However, accidents can happen despite taking all necessary precautions. If you have been in a motorcycle accident, don’t hesitate to contact us at J. Cogburn Law, the best motorcycle injury law firm in Las Vegas. Our experienced attorneys will help you navigate the complexities of the legal process and ensure that you receive fair compensation for your injuries.