Motorcycle accidents have the potential to cause significant injuries or death. When you or a loved one are injured in a motorcycle accident, you could file a claim for negligence against another driver with help from experienced personal injury attorney John Arrascada, who will advocate for you aggressively.
A Reno motorcycle accident lawyer with years of experience can advise you on your legal rights and help you file a lawsuit to recover compensation for your injuries and other losses.
When an individual’s negligent actions cause injuries, they can be sued for damages under Nevada Revised Statutes § 41.130.
A valid negligence claim must initially establish the defendant owed the injured motorcycle accident victim a duty of care, meaning they should operate their vehicle in a safe manner and obey state and local traffic laws.
Traffic laws prohibit a vehicle operator from driving in a reckless manner that endangers other drivers, pedestrians, and property. When a driver hits a motorcyclist because they violated state traffic laws, this could help establish they breached their duty of care.
When the duty of care existed, the injured person must also demonstrate that the defendant’s actions breached that duty. A Reno lawyer can help collect evidence to establish fault for motorcycle crashes, such as accident scene photos, police reports, or witness testimony.
The accident must have caused the motorcyclist’s injuries directly for them to bring a valid negligence claim, and they must have also suffered damages from the negligence. Damages can cover measurable economic losses, such as lost salary, medical bills, and property damage, and noneconomic losses, like pain and suffering, loss of consortium with a spouse or life partner, or emotional distress.
A lawyer in Reno who handles motorcycle accident cases can provide advice about state laws that limit or prohibit an injured person’s ability to recover damages from a crash. For example, an injured party’s recovery is limited when they were also negligent in the events leading to the harm.
The state follows the doctrine of modified comparative negligence under Nev. Rev. Stat. § 41.141. When the injured motorcyclist’s negligence is greater than the driver’s, meaning they were 51 percent or more responsible for causing the accident, the motorcyclist is not allowed to recover damages.
The injured person can still recover damages as long as their contributing negligence does not outweigh the motorist’s responsibility, but the court will reduce the damages to account for the injured person’s percentage of fault.
Modified comparative negligence rules do not apply to joint and several liability. This means when someone is injured in a motorcycle accident, and multiple people are responsible for causing the accident, the injured person can pursue all damages against a single at-fault party, who can then seek contributions from the others.
In addition to modified comparative negligence, the state’s statute of limitations, which is the deadline to file a lawsuit after an accident, could also bar an injured person’s ability to recover damages if their claim is not filed in a timely manner. The state has a two-year statute of limitations that begins from the date of the accident or when the injury was first discovered.
Despite this deadline, a Reno attorney can advise on exceptions to the statute of limitations for motorcycle accident claims. For example, if the injured person was a minor or had a legal disability, the two-year time limit for filing suit does not start until they turn age 18 or lose the disability, respectively.
A Reno motorcycle accident lawyer at the Law Office of John Arrascada is ready to consult with you about potential claims. When your loved one was killed in the accident, you can also bring a claim under the state’s wrongful death laws as a surviving family member.
Contact John Arrascada as soon as possible to ensure your claim is filed before the expiration of the statute of limitations.
(775) 310-0084 