If you have been in a severe motorcycle accident, you might wonder who is at fault and liable for the damages. It is vital to understand that it is not easy to determine who is at fault in most motorcycle accidents. Therefore, accident facts are evaluated to determine who’s at fault.
At Fault Parties in a Motorcycle Accident in Nevada
Different parties can be partially or fully responsible for motorcycle accidents in Nevada, such as:
- The motorcyclist drove carelessly or failed to follow traffic regulations
- Another vehicle driver, like the truck or car driver, drove recklessly, broke traffic regulations, or they were drunk
- Pedestrian was jaywalking
- The motorcycle manufacturer installed a defective part in the motorcycle, which led to the accident.
- The government entity responsible for roadside maintenance
As multiple parties can be at fault in a motorcycle accident in Nevada, the liability is based on comparative negligence. It is either attributed to one party or shared.
Understanding Nevada’s Law of Comparative Negligence
Also known as comparative liability, Nevada’s law of comparative negligence states that the compensation resulting from a motorcycle accident is proportional to the percentage of the fault. In other words, the compensation they’re entitled to get for the damages incurred is proportional to the percentage determined to be at fault. Nonetheless, the claimant’s fault should be lower than 51 percent to receive compensation.
Suppose the motorcyclist is 20 percent at-fault while the driver of another vehicle’s fault is 80 percent; that driver can’t file a claim as per Nevada’s comparative negligence law. On the other hand, the motorcyclist can file a claim. However, they can claim only 80 percent compensation, not full.
Situations When a Motorcyclist Is at-Fault
Here are some of the situations when the negligence of the motorcyclist causes accidents:
- Splitting lanes to get to their destination faster
- Speeding and going over 150 miles per hour, because of which they can lose control of their ride
- Distracted driving, such as using mobile phones, texting, or eating food while riding the motorcycle
- Turning corners without proper judgment — the motorcyclist can lose control and crash into other vehicles
Top Causes of Motorcycle Accidents
Motorcyclists are not always at-fault. Most of the time, it’s another vehicle driver’s fault. Among the top causes of motorcycle accidents because of another party is:
- Vehicles turning to the left
- Roadside debris
- Distracted driving
- Pedestrians not following roadside safety rules
Hire a Motorcycle Accident Attorney in Nevada Today
Motorcycle accidents can lead to severe head and spine injuries, resulting in costly medical treatments and lost wages. Therefore, to ensure you get fair compensation, seek legal representation.
At the Bourassa Law Group, we specialize in motorcycle accident claims. Our seasoned motorcycle accident lawyer can pursue your case aggressively and get you the compensation you deserve. From evidence collection to paperwork for claim filing and case representation, we assist you at every step. Call us at (800)870-8910 for a free consultation!
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