Motorcycle accidents are common in Las Vegas, a city known for its heavy traffic and densely populated streets. If you’ve been in a motorcycle accident here, you may wonder if you need a Las Vegas traffic accident lawyer on your side or if you can handle the case on your own.
In this article, we’ll help you understand why you may or may not need the help of an attorney.
What is Negligence in Motorcycle Accidents?
Negligence is a legal term that describes a situation in which one party’s failure to take reasonable care results in another party’s injury. In the context of motorcycle accidents, negligence can mean a driver who hit you because they ran a red light, failed to signal when changing lanes, or were distracted by a phone.
In order to win your legal case and get proper compensation, you must have strong evidence that proves the other party’s negligence. Unfortunately, it can sometimes be challenging to convince insurance companies or courts that the accident wasn’t your fault. That’s where an attorney comes into play.
How Does Negligence Work in Las Vegas?
Las Vegas, like the rest of Nevada, follows a modified comparative negligence rule. This means that if you are found to be partially at fault for the accident, but not more than 50% at fault, you can still collect compensation, but it will be reduced in proportion to your percentage of fault.
For example, if the court determines you were 30% responsible for the crash, your settlement could be reduced by that same percentage. However, if you were more than 50% at fault, you cannot collect damages.
Without legal help, insurance companies may try to pin more fault on you than you deserve, reducing your settlement. Your lawyer will ensure that the evidence accurately reflects the events that led to the accident and argue for a fair allocation of fault.
The High Stakes of Motorcycle Accidents
Motorcycle accidents often involve more severe injuries, making it harder to accurately evaluate the true cost of healing. This is particularly true where “hidden injuries,” like traumatic brain injuries, are involved. These injuries may not show up on an X-ray, but they can have devastating consequences. Insurance companies may try to undervalue these claims, which is why specialized attorneys, like traumatic brain injury attorneys, are so helpful. They can assess the full damage of these claims and advocate for you.
Also, because of the traumatic nature of these accidents, both physically and mentally, they may involve “pain and suffering” damages. These are non-economic damages that award you for things like intense physical pain and the emotional trauma from your accident. It can often require legal muscle to get insurance companies to pay for these “harder to quantify” damages.
Attorneys Can Be the Intermediary with Insurance Companies
One of the most challenging aspects of traffic accident claims is dealing with insurance companies. Insurers will often attempt to minimize your claim or offer a low settlement. Without a lawyer, you may find yourself agreeing to a settlement that doesn’t cover your medical bills, lost wages, or pain and suffering.
Your lawyer can evaluate the insurer’s settlement offer, advise you on whether it’s reasonable, and, if necessary, help you negotiate for a better settlement. If you can’t agree out of court, they can help you take your case to trial.
Insurance companies are in the business of minimizing payouts. They have adjusters, lawyers, and legal teams who work tirelessly to protect their bottom line. They often use tactics like downplaying the severity of your injuries, claiming your injuries are pre-existing, or using your statements against you.
By hiring a skilled accident lawyer to stand up to these insurance tactics, you ensure your interests are protected. Your lawyer will handle all communication with insurance companies, ensuring that you don’t accidentally jeopardize your case.
They will also present you with all of your legal options. For example, you may not know all the different avenues for pursuing compensation, but your attorney will. They can make sure you recover all applicable damages for compromised property, lost wages, medical expenses, and pain and suffering.
Attorneys Can Help with Documentation
Emotions don’t win claims. Evidence and documentation do.
To successfully prove your claim, you need comprehensive medical documentation that links your injuries directly to the accident. This includes hospital records, doctors’ notes, diagnostic test results, and other medical documents that show the severity of your injuries and how they impact your life.
Your lawyer can make sure you are seen by the best providers who know how to give quality care and document with legal claims in mind. They can also ensure that all of your medical records are gathered and organized.
If you enlist the help of a lawyer early in the process, they can also help you gather critical evidence from the accident scene to strengthen your case, including eyewitness statements, accident reports, traffic camera footage, and vehicle damage reports.
Why Might I Not Need an Attorney After a Motorcycle Accident?
You might not need an attorney if your injuries are minor or non-existent or if it is perfectly clear who is at fault in the accident (and the other side isn’t disputing that fault).
You might also be able to proceed without the help of an attorney if the insurance offer is thorough and fair. But you will want to make doubly sure that, if you settle without legal guidance, you account for all expenses, past and future, so you are not left with uncovered health costs.
And finally, you might be able to proceed without an attorney if you have the time and patience to manage the claims process, with all of its back-and-forth communication, paperwork requirements, and deadlines. Just make sure you read up on Nevada law so you don’t miss any legal nuances or opportunities to pursue fair compensation.
If in Doubt, Get a Free Consultation
If you’ve been injured in a motorcycle accident in Las Vegas and another party’s negligence was involved, reach out to an attorney. Most offer free consultations and can help you understand the strength of your legal case. If you don’t have a strong case, they can keep you from wasting your time.
If you are concerned about the cost of an attorney, the good news is that most attorneys work on contingency fees. This means that they don’t get paid until they have successfully resolved your case, whether through a settlement or a trial. This usually means no upfront costs for you.
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Motorcycle accidents in Las Vegas can lead to serious physical, financial, and legal challenges, making it important to know when professional legal support is needed. This infographic outlines key reasons to hire a motorcycle accident lawyer.
