Your Las Vegas Bicyclist Accident Team
A bicyclist lawyer Las Vegas, NV residents recommend from The Law Office of Eglet Adams knows that when someone else’s negligence or recklessness caused the death of your loved one while they were riding a bike, you or other members of your family may have the right to bring forward a wrongful death lawsuit against the person responsible. Although each state varies in the specific laws regarding this type of lawsuit, there are general factors that remain the same. The point of a wrongful death lawsuit after your loved one’s bicycle accident is to ensure that those who were financially impacted by their loved one’s death can receive some sort of compensation. We know that you are going through a difficult time and we believe our bicycle accident lawyer Las Vegas, NV recommends can help you. Please set up your consultation with our office now.
How is this different than criminal charges?
When you file this type of lawsuit after your loved one’s bicycle accident, you are filing a civil suit instead of seeking criminal punishment. This means that instead of punishing the person responsible in the form of sending them to prison, you are filing this lawsuit to seek monetary damages for the harm they caused. Our bicyclist accident lawyer in Las Vegas can help you with this.
What am I trying to prove in a bicycle wrongful death case?
You (the plaintiff) must prove that the elements of a wrongful death claim are present after the bicycle accident. If you can successfully do this, you can receive damages for the loss of your loved one. When it comes to a bicycle wrongful death claim, our Las Vegas, NV, bicyclist accident lawyer knows that there are three elements that must be present:
- The Defendant Owed a Duty of Care. Your bicyclist accident lawyer in Las Vegas must show that the defendant owed your deceased loved one a duty of care. This means if your loved one passed away because they were hit by a car while riding their bicycle, it was up to the driver of the car to ensure they were obeying traffic laws and driving carefully.
- There was a Breach in This Duty. Next, you will try to show that the defendant breached this duty of care. This means in the situation noted above, the defendant did not maintain proper control of their vehicle and caused the accident with your loved one to occur.
- This Breach Caused the Death. Finally, because the defendant breached this duty of care, it specifically led to the injury and death of your loved one. Thus, if your loved one was riding the bicycle down the road, the defendant’s car struck and injured them, and they later died from those injuries, you can show causation.
Common Reasons for a Bike Accident to Occur in Las Vegas
Most bicycle accidents are the direct result of negligence on the part of a driver. The following are some of the most common factors that lead to an accident and injury:
- Failure to pay attention to cyclists in the area
- Distracted driving
- Drunk or drugged driving
- Failure to yield to a cyclist
- Failure to look before changing lanes
- Bicycle defect
- Road debris
Las Vegas Cycling Laws and Biker Rights
Like many other states, Nevada considers a bicycle as a vehicle. This gives cyclists similar rights and duties that apply to drivers. Bicycle laws in Vegas include:
- Cyclists can use the road alongside motor vehicles.
- Cyclists cannot ride a bicycle on the sidewalk within city limits
- Cyclists must bike in the same direction as the flow of traffic
- All rules and regulations of the road apply to cyclists
- Cyclists should stay as far to the right-hand side of the road as possible
- Drivers and cyclists must keep at least three feet of space between the vehicle and bike
- Nevada does not require any cyclist (regardless of age) to wear a helmet
If you were cycling and following the rules of the road, but another driver injured you in an accident, compensation may be available. A bicyclist accident lawyer in Las Vegas, Nevada, should be consulted.
Who Is Responsible?
When a bike accident happens, the party responsible for causing the incident will likely be held liable for any injuries or property damage. To recover compensation, the plaintiff, represented by their bicyclist accident lawyer Las Vegas, Nevada, must prove that the defendant owed the cyclist a duty of care, breached that care, and directly caused their losses. In Nevada, contributory negligence law applies. This means that if the plaintiff was partly responsible, they may not be completely barred from recovering damages – unless they are more than 51% at fault. For example, in a $100,000 case for which the plaintiff is found to be 25% at fault, he or she would lose 25% of the settlement.
If you have been injured in a bicycle accident, call a bicyclist accident lawyer in Las Vegas, Nevada, today to explore your legal options.
For more information on filing a wrongful death claim after your loved one was killed in a bicycle accident, contact the trusted bicyclist accident lawyer in Las Vegas, NV from The Law Office of Eglet Adams.