GET A FREE CONSULTATION
(702) 680-1111
Founding Member & Managing Partner at Gina Corena & Associates
Practice Areas: Personal Injury
Motorcycle accidents can lead to severe injuries—and complex legal battles. For riders in Nevada, understanding the laws, processes, and potential outcomes of a motorcycle accident lawsuit is crucial. This guide will walk you through what to expect, the steps involved, and how Gina Corena & Associates, a trusted legal firm in Las Vegas, can help you navigate this challenging process.
Motorcycle accidents often result in severe injuries due to the fact that motorcycles don’t offer riders the protection that cars offer. In Nevada, specific laws and regulations govern how these accidents are handled legally. Understanding them is critical if you’re planning on filing a lawsuit.
Nevada enforces a few fundamental laws that motorcycle riders must follow:
Nevada follows a comparative negligence rule (NRS 41.141), which is crucial in motorcycle accident lawsuits. If you are partially at fault for the accident, you can still recover damages, but your percentage of fault will reduce your compensation. For example, if you could have received a maximum of $10,000, but you’re 20% to blame, the maximum you could receive is now $8,000.
“In Nevada, a plaintiff can still recover damages if they are less than 50% at fault for the accident. However, the compensation is reduced by their percentage of fault.”
In Nevada, you have two years from the accident date to file a personal injury lawsuit (NRS 11.190). Your case will very likely be dismissed if you attempt to sue after the deadline. Filing a lawsuit in a timely manner is thus key to ensuring you receive fair compensation.
A motorcycle accident lawsuit can be a lengthy process. Understanding each phase is essential to be fully prepared for what lies ahead.
The first step in a motorcycle accident lawsuit is filing the Complaint. This legal document details the incident, your injuries, and the compensation you seek. Once you file the Complaint, it’s served to the defendant (the person or entity you are suing), who will have time to respond.
During discovery, both parties exchange information related to the case. This includes medical records, accident reports, and witness statements. Each side may also take depositions, where witnesses and other relevant parties answer questions under oath.
This phase is essential in building your case. The stronger the evidence, the more likely the case will settle without going to trial.
Many motorcycle accident cases are settled before anyone involved steps foot in a courtroom. Settlement negotiations typically take place after discovery. Both parties often attempt to reach a mutually agreeable resolution through their attorneys, who negotiate for a fair deal.
However, if no settlement is reached, the case will proceed to trial. Both sides present their evidence during the trial, and a judge or jury will determine the outcome. Both sides present their evidence during the trial, and a judge or jury will determine the outcome.
In a motorcycle accident lawsuit, you may be entitled to various types of compensation, including:
“Nevada law allows for various compensatory damages, including lost wages, medical expenses, or pain suffering. In some cases, punitive damages may also be awarded.”
Motorcycle accident lawsuits are often misunderstood. Unfortunately, common myths can (negatively) affect how victims pursue compensation. Let’s clear up some common misconceptions.
One of the most widespread misconceptions is that motorcyclists are automatically at fault in accidents. This is not true. In many cases, other drivers are responsible for accidents involving motorcycles. The fault is determined based on evidence, not assumptions.
It’s true that not wearing a helmet can reduce your compensation for head injuries. However, it doesn’t bar you from seeking damages altogether. Your ability to recover compensation for other injuries (e.g., broken bones, spinal injuries) remains intact.
“Nevada’s helmet law (NRS 486.231) requires all riders to wear helmets, but failure to do so only affects compensation for head injuries, not the right to sue.”
It’s a common belief that accident victims will receive large settlements quickly. However, your settlement (and how long it takes to arrive at one) depends on the specifics of your case. Some cases can settle quickly, while others can take years, particularly if liability is disputed.
| Stage of Lawsuit | Timeframe (Approximate) | Description |
| Filing the Complaint | Within 2 years of the accident | Initial step in initiating the lawsuit. |
| Discovery Phase | 6-12 months | Exchange of evidence and information between both parties. |
| Settlement Negotiations | Ongoing, typically after discovery | Parties attempt to reach a resolution without going to trial. |
| Trial (if no settlement) | 1-2 years from filing | The case goes to court if a settlement isn’t reached. |
In Nevada, you have two years from the accident date to file a lawsuit. You’ll lose the right to sue for damages if you miss the deadline.
Seek medical attention, report the accident to the police, document the scene, and gather witness contact information. Contact an attorney as soon as possible to discuss your options.
Not wearing a helmet can reduce your compensation for head injuries, but it won’t prevent you from filing a lawsuit.
You may be entitled to recover medical expenses, lost wages, pain and suffering, and property damage.
Most cases settle before trial, but your case may proceed to court if a fair settlement isn’t reached.
Nevada motorcycle accidents can lead to complicated legal claims. Fortunately, understanding the process helps reduce uncertainty. Being informed is your best defense when navigating comparative negligence laws, dealing with insurance companies, or filing a lawsuit.
For victims, seeking legal advice early to protect their rights and in their chances of securing fair compensation is crucial. Gina Corena & Associates has extensive experience handling motorcycle accident cases in Nevada, ensuring that accident victims are supported every step of the way.
“If you’ve been injured in a motorcycle accident, seeking legal advice early is crucial. The right attorney can help you understand your options and pursue the compensation you deserve.”
By working with knowledgeable attorneys, you can feel confident that your case is in capable hands.
As founder of Gina Corena & Associates, she is dedicated to fighting for the rights of the people who suffer life-changing personal injuries in car, truck and motorcycle accidents as well as other types of personal injury. Gina feels fortunate to serve the Nevada community and hold wrongdoers accountable for their harm to her clients.
