By the letter of the law, bicyclists riding on public roads in Nevada have all the same rights and many of the same responsibilities as motor vehicle drivers. In practice, though, it is all too common for drivers to not give bicyclists the space and respect they are required by state law. Unfortunately, this sometimes leads to collisions and other accidents with devastating consequences for the bicycle riders involved.
Even if you have valid grounds to file suit over a bike wreck that you know someone else is to blame for, getting a favorable result from this sort of claim can be difficult without support from a seasoned auto accident attorney. Fortunately, the help you may need to obtain the restitution you deserve is available from a dedicated and dependable Summerlin bicycle accident lawyer at Shook & Stone.
Are Drivers Always at Fault for Collisions with Bicyclists?
Compared to someone inside a motor vehicle equipped with seatbelts, airbags, and various other safety features, bicyclists—often with nothing more than a helmet protecting them—are much more likely to sustain traumatic and life-altering harm in a collision. Based on that, you may assume that a driver who strikes and injures a bicyclist is always legally at fault for that incident and, therefore, liable for that bicyclist’s ensuing injuries and losses.
In reality, though, bicyclists injured in this way have the same burden of proof as anyone else trying to recover civil compensation after an auto accident. This means injured bikers must still prove that a reckless or careless act by the driver involved in their wreck—or by a third party, like a manufacturer that produced a defective bike or a municipal entity that did not properly maintain bike lanes—directly caused their accident. Building a strong claim along these lines within the strict filing deadlines prescribed by state law is one of many things our skilled Summerlin bike accident attorneys can provide crucial assistance with.
Recovering for All Available Damages
Another thing legal counsel can help handle during a bike accident claim is allegations of “comparative fault”—in other words, accusations made by a motor vehicle driver that the bicyclist they hit was actually the negligent one responsible for causing the wreck. Failing to be proactive about fighting allegations like this can lead to the court reducing the total compensation you can recover or even barring you from getting anything at all, in accordance with Nevada Revised Statutes § 41.141.
So long as you can prove someone else primarily at fault for your accident, though, you can demand compensation for losses like:
- Physical pain and discomfort
- Lost work income or working ability
- Short- and long-term medical expenses
- Emotional distress and psychological trauma
- Lost overall quality of life, including lost consortium if applicable
- Personal property damage, including bicycle repair/replacement costs
Support from a skilled lawyer can be vital both to identifying all “compensable losses” and to effectively demanding a fair amount of money for them after a bike wreck in Summerlin, Rhodes Ranch, Sun City, Sovana, or anywhere else in the Las Vegas metro area.
Get in Touch With a Summerlin Bicycle Accident Attorney
Bicycle crashes can be traumatic to experience and even harder to recover from physically—let alone financially or emotionally. It is important to understand you have a right to be treated with respect while riding on public roads, as well as a right to demand monetary payments from any person who fails to respect your rights and causes you to get hurt as a direct result.
A conversation with a Summerlin bicycle accident lawyer from Shook & Stone could give you answers to important questions and confidence about the next steps you should take. Call today to set up a free initial meeting with one of our knowledgeable injury attorneys.