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While passenger vehicles have crumple zones that provide at least some protection from forceful impacts, motorcycles expose their riders to the elements. As such, motorcyclists can sustain a serious personal injury in even minor accidents. Depending on the circumstances, though, they may be entitled to compensation for the damages. If you want to file a claim following a motorcycle accident, here are the answers to some of the most frequently asked questions on the subject to help you get started. 

FAQ About Motorcycle Accidents

How can you prove liability for a motorcycle accident?

Proving fault for a motorcycle crash calls for various kinds of evidence. In addition to the official police report, valuable proof might include eyewitness testimony, footage from dashcams or surveillance cameras that captured the wreck, and statements from accident reconstruction experts. If drunk or distracted driving played a role, cellphone records or the results of any chemical tests that police conducted could also help. 

What kinds of damages can injured motorcyclists recover?

personal injuryIn the state of Nevada, personal injury claimants are entitled to seek compensation for both monetary and nonmonetary losses. Recoverable economic damages include medical expenses, lost income and benefits, loss of future earning capacity, and property damage. Recoverable noneconomic damages, on the other hand, include pain and suffering, mental anguish, scarring and disfigurement, and loss of enjoyment in life. 

What if the motorcyclist was partially at fault?

Nevada follows a modified comparative fault system, which means even claimants who are deemed partially liable are entitled to compensation—as long as they are not found more liable than the other party. However, their final payout will be reduced by their own percentage of fault. 

What if the motorcyclist was not wearing a helmet?

Although Nevada requires all motorcyclists to wear a helmet, failing to wear one does not necessarily bar you from filing a claim. If you sustained a serious head injury, though, you could be found partially liable for the severity of the damages. As such, any resulting compensation would be reduced accordingly. 

 

If you were hurt in a motorcycle accident, contact Kidwell & Gallagher to determine if you have grounds to file a personal injury claim. Based in Elko, this firm has been representing injured parties throughout Nevada for more than two decades. Their compassionate personal injury lawyers understand the financial impact of motor vehicle accidents and use all of the resources at their disposal to secure sizable settlements and verdicts on behalf of their clients. To request a consultation, reach out on their website or call (775) 738-1000.

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