When cars or trucks hit bicyclists, the injuries can be devastating. A giant gap exists between the mass, size, and momentum of the vehicles. Also, bicyclists are physically exposed to being thrown from the bike when an impact occurs. This often results in a rider who suffers serious injuries, permanent catastrophic injuries, or death.
Personal Injury Claims
If you are a bicyclist who has been injured by a motor vehicle, you may have a claim for damages. Nevada’s personal injury laws allow for victims to pursue claims for damages against people whose negligence or recklessness harmed them.
A severe injury stops a person’s life in its tracks. Beyond the physical pain and suffering in the injury and recovery, there is the emotional trauma and the new limitations the injuries put on the person’s life. A serious injury suffered in a bicycle accident can also be costly. Medical expenses and lost wages from work can create a devastating financial spiral that adds further stress to injury. A personal injury claim can provide compensation for a variety of financial and emotional harms that allows a victim to move forward.
Comparative Negligence
Insurance companies will try to place blame on bicyclists whenever there is an accident. They do this to try to limit or avoid their liability for a bicyclist’s damages. Because Nevada allows a comparative negligence method of determining fault, the responsible driver’s insurance company can allow a jury to compare the fault of each party to a claim and assign a percentage of fault. This can significantly reduce and even eliminate the damages that the bicyclist receives.
Some common areas of attack are:
- Whether the bicyclist was obeying traffic rules. Was the cyclist on the proper side of the road? Was the bicyclist obeying safety lights and warning signs? Was the cyclist traveling at an appropriate speed and maintaining proper distance? Was the bicyclist driving without reflectors in poor visibility conditions?
- Whether the bicyclist had proper safety gear on, reflectors for visibility, and whether their bicycle was properly maintained (i.e. had air in the tires and working brakes).
Because of the high stakes involved and the potential to shift blame, you need an experienced personal injury attorney to protect your interests and to zealously pursue maximum compensation for you.
Personal Injury Attorneys at Viloria, Oliphant, Oster & Aman L.L.P.
Call Viloria, Oliphant, Oster & Aman, L.L.P. if you have suffered a serious injury due to another person’s negligence. You have legal rights and may have a viable claim for damages. We will utilize our knowledge and experience to evaluate your claim and give you no-nonsense legal advice. Let us fight for you. Contact Viloria, Oliphant, Oster & Aman L.L.P. at (775) 227-2280 to schedule a free case consultation or contact our office through our website.