Bicycling down Las Vegas’ roads can be fun, until an accident happens. An accident can leave you with severe injuries and put you in a difficult financial position if you are unable to work. If you have questions about your rights as a bicyclist, you are not alone. Our dedicated bicycle accident lawyers at Oronoz & Ericsson, LLC are ready to answer your questions.
These are a few of the most common questions we get regarding bicycle accidents:
What Are Bicyclists Rights on the Road?
While the individual rights of bicyclists vary from state to state, most states do permit bicyclists to share the road with motor vehicles. However, it is important to note that when sharing the road with other drivers, bicyclists are expected to follow the same laws. Bicyclists, when on the road, are not treated as pedestrians. This means that they do not have the right of way and they must always be aware of other drivers, and pedestrians, on the road.
Am I Required to Wear a Helmet When Bicycling?
Helmet laws also vary from state to state. The state of Nevada does not require bicyclists to wear helmets. However, the Nevada Department of Transportation does recommend wearing a helmet. Helmets can significantly reduce the severity of your injuries if you are involved in a bicycling accident.
What Steps Can I Take for Safer Bicycling?
Bicycling can be a fun and healthy method of transportation. However, it is important to take the necessary safety precautions to reduce any risks involved. In addition to always wearing safety equipment, it is also important to be vigilant of your surroundings. Both motor vehicle drivers and bicyclists owe the other a legal duty of care, but the risks are often higher for bicyclists. When an accident occurs between a motor vehicle and a bicyclist, it is the bicyclist that often suffers the worse of the injuries.
Other safety tips like wearing reflective clothing, hand signaling to other drivers, maintaining your bicycling equipment, and following the laws of the road are important in keeping you safe.
Who Is Responsible When a Bicycle Accident Occurs?
One of the biggest misconceptions is that the motor vehicle driver is always to blame when a bicycle accident occurs. Because bicyclists and drivers have the same rights, both can be responsible when an accident occurs. The same steps that are taken to determine responsibility in a vehicle accident are used to identify fault in a bicycle accident.
What If I Am Partially to Blame?
Bicyclists can be partially to blame when an accident occurs. Because Nevada follows comparative negligence laws, you can still seek compensation for your injuries, as long as the other person held greater responsibility. While your compensation amount may be reduced, you can still collect the funds needed to assist with your recovery.
For example, if you receive $100,000 in compensation and you are responsible for 20% of the accident, your new compensation will be $80,000.
How Long Do I Have to File a Bicycle Case?
Nevada statute of limitations requires you to file a personal injury case within two years from the date of the accident. This time limit often comes fast, as you are so focused on your recovery immediately following the accident. With just a short time to investigate and build your case, it is important to begin the process as soon as possible. Additionally, time-sensitive evidence can be harder to come by if you wait too long.
Do I Need a Bicycle Accident Lawyer?
If you were injured in a bicycle accident, it may be valuable to you to work with a bicycle accident lawyer. Medical bills can quickly add up and you may have to take an extended time off work. You need a trustworthy lawyer that will help you navigate your case, while fighting to get you what you deserve.
What Costs Can I Seek Compensation For?
You can seek compensation for most costs associated with your bicycle accident. This includes medical bills, lost wages, property damages, diminished earning, emotional pain and suffering, and any other accident-related costs. Determining an appropriate value for your case is another reason to consider working with a bicycle accident lawyer. The responsible party may attempt to diminish your injuries and offer you an amount that does not cover all your costs.
You Are Not Alone
We know how life-changing a bicycle accident can be and with the guidance of one of our bicycle accident lawyers, you are not alone throughout this process. Our bicycle accident lawyers are here to answer any questions you might have. Call Oronoz & Ericsson, LLC today at (702) 878-2889.