Posted on behalf of Henness & Haight on Jan 24, 2017 in Car Accident News
Approximately 1,300 cyclists are thought to be injured in accidents every day in the U.S. These accidents go largely unreported and only one in ten are likely brought to the attention of law enforcement.
In Nevada, bicycles are not considered vehicles under the law, which affects how liability in a bicycle accident is determined.
However, cyclists must still follow the same traffic laws as drivers, such as Nevada’s move-over-law, which has two exceptions for bicycles:
If a motorist hits a bicyclist, the motorist is presumably liable under the “negligence per se” rule.
In a typical negligence case, plaintiffs must prove the following five elements:
In negligence per se claims, plaintiffs only need to establish:
If the claim goes to trial, a jury can decide whether the driver acted with conscious indifference toward the cyclist or his or her property, and the bicyclist may be awarded additional punitive damages.
To establish the driver’s liability, the cyclist needs to prove the driver was negligent by providing clear and undeniable evidence to a court in order to be awarded punitive damages.
A third party may be held liable in the following situations:
If a driver strikes a cyclist while he or she is under the influence of alcohol, the individual who supplied alcohol to the driver cannot be held liable for the accident.
However, if the alcohol supplier promised to ensure the intoxicated individual got home safely, instead of driving, and failed in this obligation, then the supplier can be held partially liable for the accident.
If you or a loved one has been injured in a bicycle accident, filing a claim against the negligent driver may provide compensation for medical bills, lost wages, and pain and suffering.
Contact the Las Vegas bicycle accident attorneys at Henness & Haight for a free review of your claim. Our attorneys will not charge you any legal fees unless we are successful in recovering damages for you.