The Clark County coroner recently identified the motorcyclist killed in yesterday morning’s crash as a 23-year-old man from Las Vegas. The accident happened yesterday at 2:30 in the morning on Highway 95 near Cheyenne. The motorcyclist was traveling southbound when somehow his motorcycle crashed into the back of a box delivery truck. The rider was ejected from the bike and pronounced dead at the scene, his motorcycle still lodged in the tailgate of the truck.
The accident is still under investigation and there is no conclusive word as to whether alcohol, drugs or reckless driving may have contributed to this accident. Nevada Highway Patrol officials believe the accident may have been caused by the motorcyclist’s speeding. If he was traveling at high speeds, he may not have had enough time to react to the box truck driver slowing down. The coroner did rule that the cause of death was blunt force trauma to the head and chest. The box truck driver was unharmed by the accident and is not expected to face charges.
In the state of Nevada, motorcyclists must heed to the same traffic laws as other drivers. There are some additional safety requirements and suggestions that riders should follow. For example, speeding is illegal for all drivers, but a motorcycle-specific law is wearing a DOT approved helmet at all times. If a motorcyclist is disobeying a traffic law or motorcycle-specific law at the time of an accident, they can be held partially or totally liable for their own injuries.
In this particular accident, that may be the case. If, after an investigation, the highway patrol determines that the motorcyclist was speeding at the time of the accident, there will be no cause for wrongful death action. Wrongful death and personal injury claims can only be filed against at-fault parties. If the box truck driver was in no way at-fault for the accident, then the driver cannot be named as a defendant in a wrongful death case.
Motorcyclists are prone to more serious injuries in the event of an accident than drivers of passenger or commercial vehicles. They do not have a cab surrounding them, but only a helmet and some additional safety equipment protecting them from the open road and other vehicles. For this reason, extreme caution must be taken at all times. Statistically, more than 75 percent of motorcycle accidents involve a passenger vehicle. The CDC also reports that motorcyclist death rates increased 55 percent from 2001 to 2008. If you or someone you love was involved in a motorcycle accident and you would like to discuss the possibility of filing a claim, contact a Las Vegas personal injury attorney at Shook & Stone today.