A careless motorist can turn your life upside down in a matter of seconds. When a car or truck driver fails to signal a turn, obey the speed limit, or compensate for dangerous conditions, the consequences are often severe for motorcyclists, who face serious injuries and disability after a crash.
If you have been hurt in a motorcycle accident, Viloria, Oliphant, Oster & Aman L.L.P. can help you fight to hold the negligent driver responsible for his or her actions. Our Reno motorcycle accident attorneys have extensive experience representing injured bikers throughout Northern Nevada—we know the unique challenges you face and are prepared to use our 100+ years of combined experience and access to considerable resources to help you in your recovery. We take no fee unless we win your case. Schedule your free legal consultation as soon as possible!
Call (775) 284-8888 or contact us online to speak with our Reno motorcycle accident lawyers during a free case consultation.
Proving Fault in Your Motorcycle Accident Claim
As in other types of personal injury cases, proving fault is critical to the success of your motorcycle accident claim. Under Nevada’s comparative negligence rules, you will need to prove that another person or party was at least 51% at fault for the accident/incident that caused your injuries. If you were partially to blame but less than 50% at fault, you can still recover compensation for your damages. However, your total recovery will be reduced by your at-fault percentage. So, if a jury decides that you were 20% at fault for the accident, you can only recover up to 80% of the total recovery that you would have otherwise been able to secure if the jury determined that you were not at fault whatsoever for the accident.
Nevada's comparative negligence law is designed to ensure fairness and proportionality in awarding damages. This system allows motorcyclists to pursue rightful compensation even if they share some fault, thereby focusing on the core issue of negligence by the other party involved. It’s crucial to gather evidence, including witness statements and accident reconstructions, to effectively demonstrate the other driver’s primary responsibility. Our legal team is adept at compiling comprehensive evidence to build a strong case.
Establishing fault typically involves proving that another motorist was negligent and that this led to the accident. Examples of motorist negligence include:
- Distracted driving, including texting & driving
- Violating traffic laws or rules of the road
- Speeding, including excessive speeding
- Reckless and/or aggressive driving
- Fatigued driving
- Driving under the influence of alcohol/drugs
- Failing to yield the right-of-way
- Failing to stop at stop signs or red lights
- Making unsafe or illegal lane changes or turns
- Passing unlawfully
These are just some examples of driver negligence, but there are many others. Unfortunately, motorcyclists often face an uphill battle when it comes to proving another motorist’s negligence, as they often must fight against the unfair yet nevertheless persistent misconception that motorcyclists are risky, unsafe drivers. Our firm can help you fight back against these stereotypes and work to convince the insurance company and/or the jury of the other motorist’s negligence.