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Have You Been Injured In A Motorcycle Crash? Take These 6 Easy Steps:
Being involved in any type of motor vehicle crash is a scary experience, no matter how severe. Whether you were on the giving or receiving end of the collision, received severe injury, or had a loved one die as a result, you may be entitled to receive compensation for your pain and suffering, medical bills, and property damage. It isn’t as easy as one, two, three, however. Following the proper steps in the moments and days following the vehicle accident is key to ensuring an optimal end result for you and your finances. When in doubt, it is always wise to contact a personal injury lawyer in Carson City for guidance, but knowing and understanding what steps to take will go a long way in building your legal claim. Read through the steps below to learn more about how to proceed after a motorcycle accident, and contact our legal team at Benson & Bingham Accident Injury Lawyers, LLC, to learn more!
Seek Emergency Medical Care Immediately After The Accident
If your injuries are severe or life-threatening, it is important to call 911 immediately following the accident. If emergency services are not required, you should still seek medical care as soon as possible after the accident. Getting a full medical evaluation is a vital piece in building your case for compensation. You may feel completely fine or not see any visible injuries, but if something shows up later, it will be too late to seek compensation for it.
Gather Names And Contact Information Of All Parties Involved
Be sure to get the names and contact information of the other party involved in the accident along with any witnesses, if present. This includes names, phone numbers, and insurance information. If other vehicles were involved in the collision, you will need their license plate numbers. Your Carson City motorcycle accident attorney will use the information to help negotiate between insurance companies and create a complete narrative of what exactly happened.
Take Pictures Of The Accident Scene
If you are able, take as many pictures and videos of the accident scene if possible. This includes both close-up pictures as well as pictures from farther away of the entire scene, to help your attorney piece together what happened during the incident. Pictures of license plates are also helpful. If you can take pictures of any injuries that occurred at the scene, with a date and time stamp, it will be useful for building your case.
Report Your Accident To The Police
Contact law enforcement as soon as possible to report the accident. Police officers typically arrive on the scene very quickly, but even minor fender benders should be reported right away. The initial police report is extremely helpful in assisting with lawsuits or injury claims that may be filed as a result of the collision. Police reports also include witness testimonies that can help your Carson City accident injury lawyer build your defense.
Initiate A Free Consultation With Our Motorcycle Accident Lawyers
Most personal injury law firms in Carson City offer a totally free case consultation where you can discuss the details of your accident to get legal guidance and counsel with zero obligation to hire services. At Benson & Bingham, you will never be pressured to make a hasty decision, but we will listen to you and your concerns, and help determine if you have a valid claim and what could be done moving forward.
Determine a Fair Settlement For Your Injuries
Once you have chosen a reputable Carson City motorcycle accident lawyer to represent your rights and help you file a claim for compensation, they will begin gathering all the information needed for your case to determine a fair settlement amount. They will include your current and projected future medical bills, your quality of life, your property damage, your pain and suffering, and more. Your lawyer will negotiate with insurance on your behalf while you rest and recover from your injuries.
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Why Choose Our Carson City Motorcycle Accident Law Firm?
Award-Winning Lawyers Experienced In All Types Of Motorcycle Accident Claims
As experienced motorcycle riders ourselves, Benson & Bingham Accident Injury Lawyers knows the uphill battle from insurance companies when motorcycle victims seek compensation for their injuries. We are on your side 100% of the way as we provide personalized representation for victims of motorcycle accidents, through passionate service and undivided attention to our clients. We fight diligently for the compensation you deserve!
What Types Of Damages Can I Recover In A Motorcycle Accident Lawsuit?
Fight For A Fair Settlement & Get The Maximum Compensation For Your Damages
Decreased Quality Of Life & Rehabilitation Expenses
When severe injury, permanent impairment, or lifelong disability occur as a result of a vehicle collision, the injured cyclist can experience a decreased quality of life and less enjoyment of things they formerly found pleasure in doing. The injured cyclist deserves compensation from the party responsible for causing their debilitating injury.
Lost Wages For Time Off Work
Recovery from any type of injury can cause many missed hours of work, forcing undue financial stress. When your attorney is determining a fair settlement amount, your normal hourly wage will be multiplied by the number of work hours you have missed. You will likely be asked to submit a pay stub as proof of payment.
Current & Future Medical Expenses
Not only will your past and current medical expenses be covered by your settlement, but any future expenses will be considered as well. Your lawyer will ask you to provide proof of all medical expenses including emergency and ambulance bills, initial surgery, prescriptions, follow up appointments, rehabilitation costs, therapy, and potential future surgeries.
Property Damage
Along with compensation for your physical injuries, property damage can be covered under your claim as well. If your motorcycle was damaged or totaled during the accident, you could be compensated for any expenses relating to the repair or replacement of the bike. Let our Carson City personal injury law firm help you file a claim.
Physical Pain And Suffering
A motorcycle accident victim can receive compensation for both physical and emotional pain and suffering. Consult with your Carson City personal injury lawyer for guidance on how to provide proof of substantial physical pain and any mental difficulty you are suffering through as a result of the collision. Pain and suffering compensation include visits with a therapist.
Wrongful Death
If your loved one has died in a motorcycle crash or as a direct result of the injuries received, our Carson City wrongful death attorneys at Benson & Bingham will help you get compensation for your suffering. While money will never bring them back, it can help ease the financial burden of your loss of companionship, loss of inheritance, and more.
Meet Our Experienced Team Of Motorcycle Injury Attorneys
With over 20 years of experience serving clients throughout Nevada in a wide variety of personal injury cases, Benson & Bingham Accident Injury Lawyers, LLC understands the difficulties you are facing and the lengthy battle ahead as you repair the physical and emotional wounds sustained from your motorcycle crash. Our Carson City motorcycle accident lawyers fight aggressively to protect your rights as we seek full compensation on your behalf.
Meet the AttorneysClient Testimonials
Carson City’s Most Reliable Motorcycle Accident Lawyers
I suggest using Benson & Bingham if you’re in need of an injury accident attorney! They have an amazing staff and made the entire process easy and stress free handling my case with compassion and a remedy of great efficacy!
I picked this place and I’m so glad that I did. Ida was very helpful and professional. If I had questions they were answered. I would definitely use them again in the future and I would definitely recommend them to anyone. Thank you for your service I appreciate it.
What I love about Benson & Bingham, especially from my attorney, Lina, I felt informed and cared for my health. She made sure I was ok at all times through my injury. I hate I had the accident, but it was comforting to know I was well taken care of.
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Benson & Bingham: Recent Settlements & Victories
Total Settled By Verdicts For Clients
Over the past decade, Benson & Bingham has successfully recovered over $500 million in damages for clients who have been accidentally injured in vehicle collisions, slip and fall incidents, construction site accidents, medical malpractice, workmans’ comp claims, and more.
MOTORCYCLE ACCIDENTS
Motorcycle accidents account for a high percentage of accidental injury cases in Nevada. In this case, our attorneys have helped an injured client recover $275,000.00 in compensation for injuries, lost wages, property damage, and rehabilitation expenses.
MOTOR VEHICLE ACCIDENT
Our top rated Carson City accident injury law firm has successfully recovered $335,000.00 in damages for a motorist who was wrongfully injured in a vehicle collision. These include pain and suffering damages, injury recovery, wrongful death incidents, and more.
Visit Our Motorcycle Accident Law Firm Near You
Reno, NV 89502
When you choose Benson & Bingham, you can rest assured that we know Nevada law inside and out. We strongly believe that motorcyclists carry extensive rights on the road, so we confidently negotiate even the most complex cases to achieve maximum compensation for our clients. We are equipped to represent your rights to the fullest, while providing personalized representation for your injury claim. Schedule a free consultation today at one of our convenient locations throughout Nevada!
Understanding Nevada Motorcycle Accident Laws
When you are filing a claim for compensation after being injured in a motorcycle accident, it is vital to hire a licensed lawyer who knows exactly what they are doing. As cyclists ourselves, Benson & Bingham Accident Injury Lawyers is fully aware of the dangers cyclists face on the road, and the uphill battle they face with insurance companies. We are equipped to negotiate on your behalf for maximum compensation for your injuries, as you rest and recover to face what is next. Give us a call today to schedule a free, no-obligation consultation with our legal team.
Nevada Is a Fault State
According to personal injury law, Nevada is considered a “fault state”. This means that once a party has been determined to be guilty of causing the collision and resulting injury, their insurance company is held liable to pay all damages. If the defendant does not have insurance, they will be held personally liable to pay what is owed. Your lawyer will work diligently to gather enough evidence to prove the other party’s guilt.
Comparative Negligence Law
Under comparative negligence law, Nevada allows the injured victim to recover compensation even if they are partially responsible for the collision. It must be proven that one party is more than 50% at fault, thus comparatively more negligent, for the accident to be held liable. The party that is less than 50% at fault will not be required to pay anything.
Statute Of Limitations For Carson City Motorcycle Accident Claims
The statute of limitations for filing a personal injury claim in Nevada is two years from the date the injury was received. In medical malpractice claims, the statute is three years from the date the injury occurred or two years from the date it was discovered.
Injured In A Motorcycle Wreck? Contact Our Law Firm Today For A Free Consultation
Common Causes Of Motorcycle
Accidents In Carson City
Speeding
Speeding is one of the most common causes of motorcycle accidents and vehicle collisions, especially in highly populated areas with large volumes of traffic. Either the motorcyclist could have been speeding, or the vehicles around them were speeding and driving negligently.
Distracted/Aggressive Driving
Many accidents occur from drivers who are distracted by their phone, the radio, passengers inside the car, road signs and traffic signals, and more. Uber and Lyft drivers may be distracted by their phones as they look ahead to the next job.
Drunk Driver
Motorcycle accidents are disproportionately caused by drunk drivers, due to the high number of casinos where alcohol is common. Drunk drivers may not realize they are speeding, distracted, or driving recklessly, and can cause injury or death as a result.
Reckless Driving
Reckless driving often occurs in areas with high traffic volume. Drivers may be impatient with slow traffic, behind schedule and rushing to their next stop, or simply distracted and unaware of their speed. Road rage is commonly associated with reckless driving.
Falling Asleep While Driving
Truckers, bus drivers, or taxi drivers who work long hours with little breaks are commonly at fault for fatigue-related accidents. Injuries can be quite severe because the driver has little reaction time while causing the accident. Nevada considers it gross negligence to fall asleep at the wheel.
Poor Weather Conditions
Rain, fog, or other inclement weather can make the roadway very slippery, especially for motorcycles. Low visibility and a higher potential for accidents are likely, especially in sudden, severe weather conditions. It is important to be aware of upcoming weather when driving a motorcycle.
Defective Motorcycle Parts
While most motorcycle accidents are caused by driver negligence, they can also occur as a result of malfunctioning or defective motorcycle parts. A driver may be unaware of a recall, or they may keep their motorcycle in optimal working condition.
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Frequently Asked Questions
About Carson City Motorcycle Accident Cases
What Are Some Common Injuries Suffered in Motorcycle Accidents?
Motorcycle accident injuries are often quite severe and extensive due to the exposed nature of the rider, particularly if the rider was not wearing the right protective gear. The most common injuries seen are road rash, facial fractures, disfigurement, broken bones, and burns. Additionally, the rider may experience limb amputations, spinal cord injuries, paralysis, traumatic brain injuries, or even death. Damage to the lower extremities is extremely common, followed closely by injuries to the chest area and head.
Who Pays The Medical Bills After A Motorcycle Accident?
As with any vehicle accident or accidental injury, the party considered to be at fault for causing the incident and injury is held liable by the court to pay damages. This is true of slip and fall cases, medical malpractice, dog bite injuries, motorcycle and other vehicle collisions, and even wrongful death cases. As a fault state, Nevada automatically holds the guilty party financially accountable for compensation. Under comparative negligence law, even if multiple parties are at fault, the one who is more than 50% at fault (comparatively more negligent) is held responsible to pay the settlement.
Can I Still Seek Compensation If I Wasn’t Wearing A Helmet At The Time Of The Motorcycle Accident?
Yes, absolutely. Even motorcyclists who are not wearing the right gear or enough protective gear and received injury as a result can receive a settlement. In most cases, the ruling is dependent on where the injuries are sustained. For example, if the lower extremities are injured, the court can conclude that wearing a helmet would not have prevented your injuries, so you are more than likely to receive full compensation. If injuries are sustained to the face or head, you may receive a lesser settlement due to the choice not to wear protective gear.
Who Bears Liability For A Motorcycle Accident In Carson City?
The party found to be most at fault for causing the motorcycle accident and the resulting injuries to the victim will be held liable to pay compensation. Nevada is considered a fault state, which means that once the court has determined which party is guilty, they will be required to pay all damages. In some cases, multiple parties may hold fault for causing a collision, which means that the court must determine which party is greater than 50% at fault, thus comparatively more negligent, and they will be held liable.
The At-Fault Party’s Insurance Company Offered Me A Settlement. Should I Take It?
No. Once you have consulted with an attorney and filed a legal claim against the other party, it is wise to step back and let your lawyer negotiate with insurance. Many times, an insurance agent may contact the injured victim with a tempting settlement offer, hoping to end the complicated legal process quickly and quietly. It is in your best interest to direct them to your lawyer and speak no further on the matter. Anything you say can and will be used against you as they negotiate with your attorney, so decline their offer and direct them to your lawyer without further comment.
Why Do I Need A Motorcycle Accident Attorney To File A Motorcycle Accident Injury Claim?
Nevada law does not require anybody to hire a lawyer in order to file a personal injury claim. However, the legal process is complex and requires focus, time, and a clear mind in order to make sure the claim is filed correctly. Once the claim is filed, you will then have to negotiate with aggressive insurance companies and fight on your own behalf, all while resting and recovering from your injuries. With the guidance of an experienced lawyer, you can rest assured that you will have the best chance at receiving maximum compensation along with the confidence that the legal process is being handled correctly.
What If The At-Fault Party Doesn’t Have Insurance?
When the courts determine who is at fault in a motorcycle accident, their insurance company is ultimately held liable to pay the settlement agreed upon by the lawyer and the insurance agent. If the defendant does not have insurance, they will be held personally liable to pay every cent of the settlement. Consult with a lawyer right away if you are on the receiving end of a personal injury claim and have no insurance to use for paying a settlement.
How Long Does A Carson City Motorcycle Accident Lawsuit Usually Take?
Each case is completely unique, with a variety of factors involved that ultimately determine how long it will take for the claim to process and the lawsuit to close. You can typically expect the accident claim process to take anywhere from six months to one year from the date that the accident and injury occurred. Most claims are processed within a few months, unless certain factors make it complicated and you end up needing to go to court.
What Are The Costs Involved In Retaining A Motorcycle Accident Attorney In Carson City?
Many people avoid hiring a lawyer to represent theri case due to the financial strain. They are already facing medical bills and lost wages from time off work, so adding lawyer fees on top of that is not ideal. However, many lawyers offer services on a contingency basis, so if nothing ends up being recovered, their clients will owe nothing. If a lawyer is successfully able to recover a settlement for your injuries, their fees typically land around 33% to 40% of the total you have recovered. Remember that having an attorney negotiating on your behalf gives the best chance at an optimal outcome.
Read More On Motorcycle Accidents Inside Our Personal Injury Blog
Contact Benson & Bingham’s
Carson City Motorcycle Accident Lawyers Today
Whether you have been injured in an accident or you are inquiring for a loved one, Benson & Bingham Accident Injury Lawyers is an excellent resource. Our personal injury attorneys in Carson City are dedicated, passionate, and highly knowledgeable about Nevada law, and are not afraid to tackle even the most complex cases. Complete the form below to learn more, and one of our attorneys will reach out to your shortly.