Can you sue if you are hit by a car while biking? You may have a case for compensation if a car hits you while you are biking in the Las Vegas area. You do have to show that the driver’s negligence or actions caused your injuries. Common types of evidence include medical records, skid marks, witness statements, and camera footage. However, one important element when considering if you can sue if you are hit by a car while biking is the degree of your liability. Bicyclists who are 50% at fault or more cannot recover any damages.
Determining liability can be tricky. Call George Bochanis Injury Law Offices at (702) 388-2005 to discuss your case.
When Can You Sue for a Bicycle-Car Accident?
People can sue for a bicycle-car accident in many cases, especially when they have strong evidence of their injuries and the driver’s negligence. Common scenarios in which bicyclists could sue motorists include:
- Driver distraction
- Speeding
- Driving under the influence
- Tailgating
- Weaving between lanes
- Failure to yield
Bicyclists are less protected than people in a car and are even more at risk of injuries. Cyclists are often able to recover damages for medical bills, pain and suffering, and lost income, among other things.
You can make your case stronger by seeking medical attention as promptly as possible after the accident. This clarifies the direct link between being hit and your injuries.
A bicycle accident lawyer can evaluate your case for areas of strength and weakness and offer guidance on your next steps. For instance, a lawyer could gather more medical evidence and explain what counterarguments the other side is likely to make about your degree of liability. A lawyer might also be able to identify other parties to sue besides the driver.
If the insurance company involved offers a fair settlement, going to court may not be necessary. A lawyer can negotiate with insurers and evaluate whether settlement offers are equitable. Insurers are motivated to make them as low as possible, and many early offers do not fairly factor in the possibility of future medical expenses.
Statute of Limitations in Las Vegas
Nevada law generally allows injured people two years from the date of the accident to sue. Different rules apply for minors and in some other situations. If you wait to sue until after the statute of limitations has passed, you might not be able to get compensation.
How Is Liability Determined After an Accident?
Nevada uses a comparative negligence system to determine liability after an accident. People who are partially at fault can recover damages as long as their share of the fault is not more than 50%. Insurance companies, judges, and juries assess liability in many ways, including through police reports.
Police Reports
Police reports by themselves do not determine legal liability. They do serve as starting points, though, with insurance adjusters, lawyers, jurors, and others referring to the reports for context on how the accident occurred.
The law enforcement officers at the accident scene assess what happened and later write an official report that assigns fault. This is the police report. Officers interview witnesses for insight, such as whether the car was speeding or whether the driver or cyclist ignored a traffic light. Skid marks, vehicle damage, weather and road conditions, and other physical evidence at the scene usually factor into the report and the determination of fault. Photographs or even officer sketches can help clarify points in the report.
The report includes the officers’ analysis on how the accident occurred and who is at fault. Officers may give citations at the scene to anyone who seems to have violated traffic laws. These tickets can imply fault. The tickets are not legally binding as far as determining liability but can be valuable evidence in later insurance claims and lawsuits.
Witness Statements
Witnesses can have a big effect on determining liability in bicycle accident claims. For instance, witness statements may clarify whether the types of distracted driving factored into the crash. A witness may have seen the driver not paying attention to the road, staring at his or her phone, or looking at the back seat to talk to a passenger there.
Similarly, a witness might recall that a driver did not yield at a crosswalk or that a cyclist unexpectedly darted in front of a car. When the statements of multiple witnesses line up and corroborate one another and other types of evidence such as skid marks, they can be powerful.
Camera Footage
Traffic cameras, vehicle dashcams, witness phones, and Las Vegas business cameras sometimes capture footage of accidents and may clarify what happened. Camera footage can be nice because it is neutral, time-stamped, and may offer details that witnesses overlooked or back up witness statements.
Footage may clearly show whether a driver failed to yield to a bicyclist. Cameras may also indicate weather conditions or obstacles, perhaps resolving conflicting stories from the driver and cyclist.
Footage may help track down a driver who fled the scene in a hit-and-run. In hit-and-run situations when the driver cannot be identified, bicyclists’ victims may file claims under their own policies. Nevada also has crime victim compensation programs that may assist with covering medical bills and various expenses. An attorney can help bicyclists make sure they pursue all possible avenues for compensation.
Physical Evidence
Skid marks, vehicle damage, and the positions of the bicycle and car are some common types of physical evidence that may determine liability. Accident reconstruction experts often use skid marks to help them calculate a vehicle’s speed and braking before a collision.
Vehicle damage, too, offers clues about point of impact, speed, and direction. The positions of the bicycle and car may offer insight into their trajectories and whether traffic laws were broken.
Admissions of Fault
Sometimes, a driver or bicyclist may admit fault. These admissions can seem honest or even courteous, but are risky at best. They can greatly hurt a cyclist’s case for compensation.
For instance, a cyclist who cuts in front of a car cannot have a complete understanding of the accident and hurts his or her case by saying, “It was my fault.” The cyclist has no idea if the driver might have been speeding, driving drunk, or had eyes on the road.
“Cutting in front of the car” is subjective, too. The cyclist may actually have given the driver ample time to react, but does not realize it.
Beware of admitting fault. Insurance companies sometimes use such admissions as a reason to deny or reduce payouts. When giving information to the police, avoid speculation. Stick with facts such as time and location. Work with an attorney to protect your legal rights, including when insurance companies want statements. They may use your own words out of context to reduce how much they give you.
Cyclist Behavior
Under Nevada bicycle safety laws or recommendations, cyclists should wear a helmet and brightly colored clothing, and keep their bikes in good condition. They should not ride on the wrong side of the road, wear a headset when riding, or ride at night without lights and reflectors.
In Las Vegas, about 0.5% of workers commute on bikes. These commutes sometimes occur early in the day or late at night when it is dark. Under state guidelines, a bike ridden at night should have a white lamp in the front that is visible from at least 500 feet away, a red tail reflector visible from 300 feet away in a vehicle’s low beams, and reflective material on the sides visible from at least 600 feet away or a lamp visible from both sides from 500 feet away. If cyclists violate these tenets, they may be found to share liability for what happened.
Your personal injury lawyer can offer insight into whether you could share fault and how to dispute any claims other sides may make about your liability. This is important, as an injured cyclist’s compensation may go down by the percentage of fault. If a bicyclist is found to be, say, 25% at fault, mainly due to not wearing a helmet, the compensation amount goes down by 25%.
Driver Behavior
Driving under the influence, speeding, or driving distracted can firm up a case of driver negligence. A driver who breached his or her duty of care to others on the road and in the environment could be found liable for injuries caused.
The legal process can be overwhelming. Contact us at George Bochanis Injury Law Offices to get potential next steps in your case.
