SUMMERLIN BICYCLE ACCIDENT LAWYER

How to Prove Liability in a Summerlin Bicycle Accident Case

Bicycle accident claims, like other personal injury claims, are governed by state law. To prevail in a Summerlin bike accident case, you will need to prove that the defendant was liable for your injuries under Section 41-141 of the Nevada Revised Statutes. This is the state’s comparative fault rules. For bike accident victims, there are two critically important things that they must know about this legal standard:

Fault is Based on Negligence

First, you must prove fault by proving negligence. Essentially, negligence is the failure to take due care. Some common examples of driver negligence in Nevada bicycle accident cases include:

• A driver speeding;
• ‘Buzzing’ a bicyclist;
• Making an unsafe lane change or turn;
• Failing to stop at a red light or stop sign; or
• Any other type of dangerous driving.

In many cases, driver negligence can be difficult to prove. If fault is in any way disputed in your Summerlin bike accident claim, you need to get an attorney involved as soon as possible.

Liability is Divided in a Proportional Manner

Additionally, it must also be noted that bicycle collision liability is divided proportionately. For example, if one driver is responsible for the entirety of the bike accident, then they would also be responsible for 100 percent of the damages. Though, this calculation can become far more challenging in shared liability cases. Indeed, in some cases, opposing insurance companies may even try to blame riders for part of their own accident. This can have significant ramifications for a rider’s ability to obtain compensation, as their recovery will be reduced in direct proportion with their liability. For example, if you are blamed for 20 percent of your own accident, then your recovery would also be reduced by 20 percent.