Serious Crash Leads To Questions About Damages

July 20th, 2016 by Farhan Naqvi in Bicycle Accidents

A seriously hurt bicyclist clung to life for several days at a local hospital before succumbing to his injuries.

Police state that the rider, whose name was not released, was westbound in the bicycle lane on Alexander Road near its intersection with Buffalo Drive. A car then veered into the designated bicycle lane and rear-ended the cyclist; the rider was immediately rushed to a local hospital and initially appeared to be stable, but then died several days later.

Authorities are still investigating the crash but they do not believe alcohol was a factor.

Bicycle Crashes

Bicyclists are much more at risk for serious injury and death than motorists: although they account for less than one percent of the traffic, bicyclists account for more than two percent of roadway fatalities. Furthermore, although the number of injuries has leveled off in recent years, observers believe that the reduction may be attributable to fewer trips or different routes, as opposed to safer conditions. What is clear is that over twenty years after the Department of Transportation set goals of ten percent more trips and ten percent fewer injuries, these goals are nowhere near realization.

When considering that the average bicycle-car crash pits a 4,000-pound car travelling at 40mph or more and a 15-pound bike travelling at 20mph or less, it is easy to see why riders often suffer serious injuries in these incidents, including:

Road Burns: These extremely painful abrasions often cover large areas of skin and last for weeks or even months, inhibiting mobility all the while.
Broken Bones: The force of the collision throws most riders off their bikes, and the shattered bones that often occur typically require metal pins, screws, or plates.
Internal Injuries: That same event (being thrown off the bike) causes internal organs to rub together and hemorrhage.
Victims in bicycle-vehicle crash cases are typically entitled to compensation for both economic damages, like lost wages, and noneconomic damages, like loss of consortium (companionship and contribution to household affairs).

Wrongful Death

If the crash victim does not survive, Nevada’s wrongful death statute comes into play. This law recognizes two classes of claimants:

Estate: The executor or other representative may sue the tortfeasor (negligent driver) in the place of the deceased person, and obtain compensation for economic losses, like funeral and burial expenses, lost wages, and hospital bills, as well as noneconomic damages, like compensation for the decedent’s pain and suffering.
Heirs: Surviving spouses, children, and other family members may recover damages for their own “grief or sorrow, loss of probable support, companionship, society, comfort and consortium, [in addition to] damages for pain, suffering or disfigurement of the decedent.” The wrongful death statute defines “heirs” somewhat narrowly.

Both these actions may be combined into one lawsuit, although they may also be brought separately. The statute of limitations is normally two years; if the decedent was a minor, the statute begins running after the decedent would have turned eighteen.

Contact an Aggressive Lawyer

A wrongful death is one of the most painful emotional and financial losses that a family can endure. For a free consultation with an assertive personal injury attorney in Las Vegas, contact Naqvi Injury Law. If you were hurt because of someone else’s negligence, an attorney can arrange for ongoing medical care, even if you have no money and no insurance.


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