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Motorcycle Accident FAQs
If you were injured in a motorcycle accident, whether you paid for medical care out of your own pocket or your health insurance covered it is not relevant; neither is whether your lost time at work was covered by sick leave or vacation pay
Generally, if a traffic accident involves a death, personal injury, or property damage above a specific amount, you must notify the police, who will usually make a written report of the incident.
Depending on where you live, you may be required by law to wear a helmet when riding a motorcycle, regardless of how often you ride. Many states have enacted mandatory helmet-use laws for motorcycle riders and their passengers. Call your local Department of Motor Vehicles to find out whether your state has such a helmet law.
If you are unable to immediately meet with an attorney, it is important that you do not admit any fault or sign anything (i.e. any forms from an insurer) in order to preserve your rights. If possible, you should take photos of any injuries or damage to your motorcycle. Keep copies of any medical records or bills, and make records of any related expenses.
Comparative negligence apportions fault among the drivers involved in an accident based on their degree of carelessness that contributed to the accident. Where a motorcycle is concerned, a common example of comparative negligence might be where the motorcycle’s headlamp, brake light, or tail light is out, especially if the accident happened at night.
Inadequate attention to blind spots and turns
- Tailgating
- Driving under the influence (DUI)
- Intoxication
- Speeding
- Disregard for traffic laws
- Failure to yield right of way
Nevada has one of the highest rates of DUI in the nation, so motorcycle accidents caused by a drunk driver make up a significant portion of the cases.
The at-fault driver might also be distracted. They might have been texting while driving, or they may have fallen asleep for a few moments at the wheel after deciding to drive while fatigued. The driver’s condition is usually noted by law enforcement right after they arrive on the scene, and can be used to determine the level of fault in the accident.
Regardless of who is at fault, the injured victim can still file a claim as long as the other party has the greater fault in the accident. If you are involved in a motorcycle accident, it is important to seek legal counsel before speaking to your insurance company, since anything you say on the record may be used against you when you attempt to claim compensation.
Even with a helmet and proper protective gear, motorcyclists often suffer severe injuries after an auto accident. According to the National Highway Traffic Safety Administration, motorcycle riders may be 26 times more likely to die in a collision, and 5 times more likely to be injured than a passenger in another vehicle. After the accident, not all signs of injury or trauma might be immediately obvious. It can take a few hours, days, and even months or years to see the full extent of the damage.
Some of the most common injuries sustained in motorcycle accidents are:
- Road rash
- Bone fractures
- Soft tissue damage
- Biker’s arm
- Traumatic brain injury
- Spine and spinal cord injury
- Post traumatic stress disorder (PTSD)
The most serious injuries are often those that involve trauma to the head, spine, or vital organs. For example, traumatic brain injuries, or TBIs, can cause cognitive issues and loss of coordination, while spinal injuries can lead to serious mobility issues. Other common injuries include those to the lower extremities, like the legs and feet. These can also cause the victim to have trouble with mobility and chronic pain that requires rehabilitation to fix.
If injury from the auto collision can be demonstrated and the other party is found at fault, the victim can be entitled to substantial compensation. They can claim for a number of damages including:
- property damage to the vehicles
- lost current and future income
- medical treatments
- long-term rehabilitation services, including physical therapy
- medication for chronic pain and suffering
- post traumatic stress disorder (PTSD)
GAZDA & TADAYON INJURY LAW PRACTICE AREAS
Attorney Lewis J. Gazda
Awards
- Million and multi-million advocates forum
- Martindale Hubbell with AV Ratings
- Top-Rated Avvo Lawyer
- Top 25 Motor Vehicle Accident Attorneys
- National Academy of Personal Injury Attorneys
- National Trial Lawyers Top 100 Civil Plaintiffs Lawyers
With almost 30 years of experience, Attorney Lewis Gazda is one of the most respected lawyers in the Las Vegas community. Attorney Gazda specializes in both personal injury and wrongful death cases. He is recognized by his peers for his superior negotiation skills and extensive legal knowledge, earning the highest possible rating of AV Pre-eminent from Martindale-Hubbell.
Learn More About Attorney Lewis J. Gazda
Attorney Afshin Tadayon
Awards
Attorney Afshin Tadayon has more than 20 years of experience as an attorney in Las Vegas, with a diverse range of practice areas including personal injury, premises liability, wrongful death, criminal law, and mass tort litigation. Attorney Tadayon formerly served as a defense lawyer for insurance companies; his insider knowledge of their legal tactics makes him a potent advocate for clients seeking the compensation they deserve after an accident.
Attorney Tadayon is ranked AV Pre-eminent by Martindale-Hubbell, a rating reserved for only the top 10% of attorneys as designated by their peers.
Learn More About Attorney Afshin Tadayon
Awards & Accolades

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