Please note: Triumph Attorney Connect is an attorney matching and referral service, not a law firm. This page is general information, not legal advice, and reading it does not create an attorney-client relationship. Laws change and every situation is different; talk with a licensed Nevada attorney about your specific case. No outcome is guaranteed.
Why motorcycle crash claims are different
Motorcycle cases often involve more serious injuries than car crashes, such as fractures, road rash, spinal injuries, and head injuries, because a rider has no steel frame, seat belt, or airbag. They can also involve a problem many riders know well: bias. Insurance adjusters sometimes assume a motorcyclist was speeding or riding recklessly, even when the evidence shows a car driver caused the crash. That's one reason it helps to have an attorney who regularly handles motorcycle cases look at what happened.
Common causes of motorcycle crashes in the Las Vegas area include:
- A car turning left across the rider's path at an intersection
- Drivers changing lanes or merging without checking their blind spot
- Rear-end crashes at lights and in stop-and-go traffic
- Car doors opening into traffic, and vehicles pulling out of parking lots and casino driveways
- Road debris, potholes, and gravel, especially near construction zones
- Impaired or distracted drivers
Nevada motorcycle laws that can come up in a claim
Helmets. Nevada has a universal helmet law. Riders and passengers on a motorcycle or moped on a highway must wear protective headgear that meets state standards, along with eye protection unless the motorcycle has a qualifying windscreen (NRS 486.231). If you weren't wearing a helmet, you may still have a claim, but the other side may argue it affected your injuries. That's a question to raise with an attorney.
Lane splitting. Unlike California, Nevada does not allow lane splitting. A rider may not drive between vehicles in adjacent lanes, and two motorcycles may ride side by side in one lane only if both riders agree (NRS 486.351). If an insurer claims you were lane splitting, the facts of exactly where you were and what the other driver did matter a great deal.
Shared fault. Nevada uses a modified comparative negligence rule (NRS 41.141). In general terms, you may still recover damages if you were partly at fault, as long as your share isn't greater than the other side's, but your recovery is reduced by your percentage of fault. Because fault percentages directly affect what a claim may be worth, they're often the most disputed part of a motorcycle case.
What to do after a motorcycle accident
- Get medical care right away. Adrenaline can mask injuries, and head injuries in particular may not be obvious at first.
- Call 911 and get the report number. In Las Vegas and unincorporated Clark County, the Las Vegas Metropolitan Police Department (LVMPD) usually responds. Crashes on the freeways are often handled by the Nevada Highway Patrol.
- Photograph everything you can: your bike, the other vehicle, skid marks, the intersection, traffic signals, and your injuries and gear.
- Keep your helmet and gear. Don't throw away a damaged helmet, jacket, or boots. They can be important evidence.
- Get witness names and phone numbers. Other riders and drivers often see more than you can.
- Hold off on recorded statements to the other driver's insurance company until you've talked with an attorney.
Insurance in Nevada motorcycle claims
Nevada is an at-fault state, so claims usually start with the at-fault driver's liability insurance. State minimum limits are low compared with the cost of a serious motorcycle injury. If the driver had little or no insurance, your own uninsured/underinsured motorist (UM/UIM) coverage may help, if your motorcycle policy includes it. Nevada insurers must offer UM/UIM coverage, and it can only be declined in writing, so it's worth checking your policy's declarations page. An attorney can review every policy that might apply.
What a motorcycle accident lawyer typically does
- Gathers the police report, photos, any traffic or business camera video, and witness statements
- Works with reconstruction experts when fault or speed is disputed
- Documents medical treatment, future care, lost income, and damage to your bike and gear
- Pushes back on attempts to blame the rider without evidence
- Negotiates with insurers and files a lawsuit if a fair settlement isn't offered
Most personal injury lawyers handle motorcycle cases on a contingency fee, so there's typically no upfront fee. The fee percentage and how case costs are handled are set out in a written agreement with the attorney you choose.
Don't wait on the deadline
The general deadline to file a personal injury lawsuit in Nevada is two years from the date of the injury (NRS 11.190(4)(e)), and some claims have shorter notice steps. See our guide to the Nevada personal injury statute of limitations for more, and read what to do after a crash in Las Vegas for a step-by-step checklist.