Vehicles on American roads come in practically all shapes and sizes. From the massive commercial trucks that haul goods across the country to the petite smart cars favored by city dwellers, it is not unusual for a Reno driver to see an array of automobiles when they take to the streets and highways of the city. Though drivers tend to look out for other cars, trucks and multi-person vehicles when they are behind the wheels of their automobiles, there is one means of transportation that tends to disappear from the sights of individuals on the roads: motorcycles.
Just as the drivers of cars, trucks and other automobiles are required to follow the rules of the road so too are motorcyclists expected to abide by the laws that govern safe driving in the state of Nevada. Additionally, just as vehicle drivers have rights to seek compensation when they are harmed in collisions with other automobiles so too may motorcycle accident victims pursue their losses when they are injured in crashes with motor vehicles. The law firm of Bradley, Drendel & Jeanney proudly represents victims of motorcycle accidents and works zealously to attain damage awards for its clients.
Negligence is the basis for many of the personal injury lawsuits that are filed in Nevada courts. When a person has a duty to another individual and fails to fulfill that duty to the injury and detriment of the other, then it can be possible for the victim to recover compensation for his or her losses from the breach.
In April, this blog discussed a bit about the concept of negligence in Nevada and, more specifically, what the elements of such a claim would be in a civil case to recover damages due to, say, a motorcycle accident. We also touched on the elements of legal duty and breach of that duty as the first part of such a case. Some may realize that simply having a breach of a legal duty will not be enough to impose liability, however. The next part of a negligence case is showing causation; that is, did the injuries in the accident result from the breach of duty claimed?
Nevada is a great state for motorcycles. The long stretches of straight, flat roads in the desert before one hits the mountains can be great for cruising bikes. The natural beauty of the Sierra Nevada range makes riding through that part of the state with an unobstructed 360-degree view a delightful experience. Unfortunately, for some, driving a motorcycle through Nevada is their last experience. Because of the lack of safety features on motorcycles, crashes lead to serious injuries or death.
About a month ago, we very briefly outlined the basics of a negligence case that might stem from an accident in Nevada. When someone is injured on the road, there is often a search to determine who is at fault. Negligence is one theory under which an accident victim may hold someone else responsible for his or her injuries, and seek monetary compensation from that individual.
Accidents involving any kind of vehicle tend to be bad for those involved. The property damage and personal injury that can occur when two massive pieces of metal and plastic collide at high speed is indisputable. When one of those vehicles is a motorcycle though, the results of a Nevada accident are often catastrophic. Because of the smaller size and weight of the motorcycle, and the lack of any metal cage around the driver, motorcycle accidents usually create devastating injuries. When these are caused by someone else's negligence, there are legal rights that may have to be protected.
A man was killed in a motorcycle accident on Las Vegas Boulevard earlier this month. An accident like this can be a sudden and heart-wrenching loss for all involved. In this instance, the driver of the vehicle that struck the motorcyclist is under investigation for their role in the crash.
Motorcycles are dangerous. While this may be true, it doesn't mean they shouldn't be ridden and enjoyed by the thousands that call themselves motorcyclists. The sad fact is, however, motorcyclists are much more susceptible to injury than the average motor-vehicle driver. According to the Insurance Information Institute, motorcyclists are 26 times more likely than motor-vehicle drivers to die in a crash and five times for likely to be injured.
Just the thought of getting in a crash makes most motorcyclists cringe. This is because even the smallest of fender-benders can lead to catastrophic injuries or destruction to property. Liability can fall on the shoulders of a motor-vehicle driver if they failed to exercise due care leading up to the accident. Motor-vehicle drivers sometimes argue that they didn't see the motorcyclist before the accident.