No matter how your motorcycle accident occurred, you need someone on your side who can fight for your rights to full and complete compensation. You need a Las Vegas motorcycle accident lawyer in your corner who can go toe-to-toe with insurance companies and win. Without the right legal representation, you may not recover the money you truly need to put your life back together again.
Motorcycle accident injuries are often severe and result in permanent impairment and disability. Injured bikers deserve compensation when another person causes them harm. However, insurance companies don’t always see it this way. Adjusters often have biases against motorcyclists and these biases can impact the amount of money they are willing to offer. In many cases, insurers claim that motorcyclists share some – if not all – of the blame for the crash, even when there is little evidence to support this.
If you’ve gotten the run around from the insurance company or believe that you are entitled to more than what they are offering you, it is important for you to call our law firm immediately. The Las Vegas motorcycle accident lawyers at Benson & Bingham Accident Injury Lawyers, LLC, are here to help answer all your questions, so you can move forward with your life after a serious crash.
Along with the dry climate, Nevada breeds Harley Davidson enthusiasts and motorcycle fans of all ages. Motorcycle accidents can occur due to many factors, most of which are not the motorcyclist’s fault. Nevada residents and visitors who suffer injuries in motorcycle accidents deserve the best legal representation available to protect their rights and maximize the compensation that they receive from the individual who caused them harm. At Benson & Bingham Accident Injury Lawyers, LLC, we offer quality legal services with a focus on compassion and accessibility.
For over sixteen years, Benson & Bingham Accident Injury Lawyers, LLC has provided the highest level of legal services to injured Nevadans and individuals from outside the Silver State. We have successfully recovered more than $215 million in compensation for our clients over the years, including hundreds of thousands of dollars on behalf of clients injured in motorcycle accidents, and tens of millions more in all sorts of other motor vehicle accident cases. While we cannot guarantee a particular result in your case, when you retain Benson & Bingham Accident Injury Lawyers, LLC to handle your motorcycle accident case, you know you’re getting a team of legal professionals with a long and hard-earned track record of success.
We know that motorcyclists in Las Vegas often face an uphill battle when seeking compensation. That is why our attorneys fight so aggressively from the start. We work with accident reconstruction experts, forensic specialists, and medical teams to build a case that is designed to collect maximum compensation for our clients.
At Benson & Bingham Accident Injury Lawyers, LLC, we take particular pride in providing our clients with unmatched client service and attention. For us, personal injury law is truly personal, and helping motorcycle accident victims isn’t just our job, it’s our passion. That’s because we are also experienced motorcycle riders. This enables us to help bikers in a unique and practical way that enhances success when negotiating and litigating these types of accident cases. Mr. Benson has both an R1200R BMW urban street bike and a Harley Davidson V-Rod Muscle. Mr. Bingham rides a Triumph Café Racer and a Triumph Speed Triple. Mr. Bingham currently purchased a custom-built bike with the award-winning LA Speed Shop.
In every aspect of our practice, we strive to always prioritize our clients’ needs. We take a one-on-one approach to every interaction with our clients, from meetings to phone calls. Every client gets our undivided attention and focus. We listen to what our clients have to say, answer their questions without using confusing technical language, and develop case strategies that fit what our clients tell us about their short, medium, and long-term needs.
We credit that approach for our success rate, as well as the positive feedback we’ve gotten from our clients. They appreciate our warmth, class, and how we always go above and beyond to short that we care and have their backs. We love our jobs because it gives us the opportunity to make a real impact for motorcyclists who have had their lives turned upside down by injury and loss through no fault of their own.
The excitement of Las Vegas and the thrill of the open road draw many motorcycle enthusiasts to the area. However, motorcyclists are seriously injured or even killed in accidents. Studies show that motorcyclists are 28 more times more likely to be involved in a fatal crash than those riding in cars. The Nevada Department of Transportation reports that there were 218 accidents that resulted in serious injuries and 54 deaths involving motorcycle accidents in 2017. The majority of Nevada traffic crashes happen in the heavily populated areas of Reno and Las Vegas areas.
To learn more about your legal options, we offer free initial consultations and reviews. You can meet in one of our many office locations, including Summerlin, Downtown Las Vegas, Henderson, and even Reno. We can also visit you in your hospital room, in your home, or virtually during this time to make consulting even easier. Call us at 702-684-6900 or fill out our confidential contact form for more information.
At Benson & Bingham Accident Injury Lawyers, LLC, we understand the enormity of suffering you have endured and the long-term battle you face to repair the damage done to you after a serious motorcycle crash. We also know that to do that you need money. As such, most of our clients want to know how much their motorcycle accident case is worth. That’s a difficult question to answer straight-out without knowing the specific details of the accident and resulting injuries. Every motorcycle accident in Las Vegas is different. Some of the factors that go into calculating how much compensation an injured individual should seek for their motorcycle accident injuries include:
Regarding the motorcyclist’s level of fault for an accident, Nevada law follows the doctrine of modified comparative fault. Accordingly, you can recover damages from at-fault parties, even if you are partially responsible for the accident, so long as you are less than 50 percent responsible for the accident. Under such circumstances, a court will reduce your damages award by your percentage of fault. So, for example, if you sustain $1,000,000 in damages in a motorcycle accident for which you were 10 percent at fault, then you could recover a maximum of $900,000 in damages.
Nevada law permits motorcycles on all roads and highways. Nevada law NRS—Chapter 486 establishes basic rules, which are created to keep everyone safe on the road. To operate a motorcycle on public roads in Nevada, you must be at least 16 years old. You must also hold a motorcycle license or have a motorcycle endorsement on your driver’s license. Nevada residents are required to register all vehicles, including motorcycles, with the Nevada Department of Motor Vehicles. The Nevada DMV does accept transfers of licenses from other states. In that case, the driving record from the previous state becomes part of the Nevada DMV records. The minimum insurance required in Nevada for motorcycles is “$25,000/$50,000/$20,000”. You should always carry proof of insurance when riding.
As with any vehicle, you are required to follow the rules of the road. In addition, you and any passengers must wear approved helmets, and your motorcycle must contain all the required equipment listed in Nevada Revised Statute 486.180. Required equipment includes at least one headlight, a red tail light, brakes, reflectors, mirrors, and more.
If you have been injured in a motorcycle accident, you may be able to recover damages for your losses, such as:
Our mission at Benson & Bingham Accident Injury Lawyers, LLC is to serve our injured clients’ best interests following any accident, including those involving motorcycles. That usually means working our hardest to maximize a settlement amount or jury award. It also always means doing our best to take as much of the stress and burden of post-accident life off of our clients’ shoulders as possible.
Recovering from motorcycle accident injuries and losses is difficult enough without having to worry about the sorts of administrative and technical issues that lawyers deal with every day. Let our lawyers handle as much of the interactions with insurance companies, other involved parties, their lawyers, and police investigators as possible. Our injury lawyers can and should serve as a buffer between you and the legal world so that you have the personal space you need to recover.
The legal team at Benson & Bingham Accident Injury Lawyers, LLC understands that no two motor vehicle accidents are alike, especially when those accidents involve motorcycles. We have to stay flexible and focused when we represent injured motorcyclists. This is because motorcycle accident injuries are often serious and evidence to support their claims is often hard to obtain. Below we discuss some of the tasks that we often perform when we represent a motorcycle accident victim or victim’s family.
All of the tasks listed below vary from case-to-case, but our dedication to meeting with, listening to, and learning from our clients never wavers. At Benson & Bingham Accident Injury Lawyers, LLC, our first priority in all motorcycle accident cases is to sit down one-on-one with our new clients wherever is most convenient for them and listen to their stories. Of course, we want to hear about the accident and injuries that brought them to us, but that’s just the start. We also aim to learn about our clients’ life achievements, goals, and dreams. We want to fully understand what makes life worth living for them, and how their injuries have affected those pursuits. Furthermore, we want to understand what our clients need not just to make a full physical recovery but also to move forward with their lives emotionally and financially.
As lawyers, we can’t make very many promises, because law practice, like life, is complicated and ever-changing. However, we can promise with Benson & Bingham Accident Injury Lawyers, LLC you have trusted, compassionate counselors who care about your needs and aim to serve them in everything we do.
Unlike accidents that involve larger motor vehicles, motorcycle accidents don’t always leave much evidence behind. There’s likely a damaged bike and perhaps some damage to the other vehicle (assuming another vehicle was involved), but by and large, motorcycle accidents don’t leave the tell-tale swath of destruction that usually helps accident investigators piece together what happened. Plus, in a motorcycle accident, the victim may have little recollection of the incident or have sustained such severe injuries that he or she can’t communicate effectively.
For less experienced lawyers, investigating a motorcycle accident might pose a serious challenge, due to the limited evidence available, but not for the legal team at Benson & Bingham Accident Injury Lawyers, LLC. From the moment a client retains us, we immediately start to gather every possible piece of evidence that we can find from every available source, which is why the sooner that you come to see us, the better. We typically consult police reports and insurance reports first, but we don’t stop there. We seek out security camera footage, visit the accident scene, track down eyewitnesses, and work to preserve the damaged bike so that a forensic mechanic can inspect it. We also often work with experts in the field of accident reconstruction and motorcycle mechanics to evaluate the moment-by-moment factors that likely led to the accident.
We also take the time to investigate our clients’ injuries. We strive to understand how they got hurt, how badly hurt they are, what a full recovery will consist of, and what it will cost. We also consider the impact of the accident on our clients and their families. For example, did they miss a significant amount of work or school due to their injuries? Did their injuries prevent them from engaging in their favorite hobbies and other activities? Did the accident negatively affect their relationships with loved ones?
Once we collect the appropriate evidence, we analyze it. What are we looking for? While every case is different, we’re usually looking for the following:
The above explanation is a simplification of a complex process. However, by the time we’re finished investigating and analyzing a motorcycle accident incident, we want to know who owes our client money, who can pay for damages, and how much compensation our client should seek.
Armed with that information, we make a “demand” for compensation from the party or parties who we believe are legally responsible for our client’s injuries. In the vast majority of cases, that demand finds its way into the hands of an insurance adjuster, who evaluates the claim and determines whether the company is willing to offer a settlement, and if so, how much.
This is where our hard work investigating and analyzing cases often pays off. We prepare our demands carefully and thoroughly so that they can withstand scrutiny from insurance companies who don’t want to pay out any more compensation than is necessary to close a claim. Because that’s how we’ve always practiced, our reputation often precedes us in these negotiations. Insurance adjusters know when Benson & Bingham Accident Injury Lawyers, LLC represents a motorcycle accident victim, our claims have strong factual and legal support.
In many cases, our demand—along with some back-and-forth negotiation—yields results for our clients in the form of a fair and reasonable settlement offer. The attorneys at Benson & Bingham Accident Injury Lawyers, LLC have strong & effective negotiation skills, and we come to the table ready to back up our claims and defend against any attempts by the insurance company to deflect liability. Thus, while it’s true that lots of cases settle prior to filing a lawsuit, the lawyer you have negotiating your settlement matters.
Unfortunately, a settlement isn’t always viable in Las Vegas motorcycle accident cases, at least not immediately. Sometimes, insurance companies or defendants refuse to offer an adequate settlement and instead choose to deny or dispute a motorcycle injury claim. This is especially true when there are personal or corporate assets on the line. When this occurs, Benson & Bingham Accident Injury Lawyers, LLC is ready to file a lawsuit on behalf of our clients.
When settlement negotiations stall, our first priority is to help our clients understand what filing a personal injury lawsuit will mean for them. Our accident attorneys never push motorcycle accident victims and their families into going to trial if it’s not suitable for their needs and life situation, even if we feel it’s a winnable case. Going to trial is always our client’s decision first and foremost.
If a motorcyclist does decide to pursue litigation, then we’re ready to protect their rights in court. Benson & Bingham Accident Injury Lawyers, LLC attorneys are trial lawyers by nature, training, and experience. We relish the chance to argue our clients’ cases to judges and juries. In fact, opposing attorneys often know this, which sometimes helps bring cases to successful settlements once the other side realizes litigation is possible. Just as we take pride in our personal touch with our clients, we take similar pride in our ability to explain the circumstances of our clients’ accidents to juries in a language that they understand. We strive to convey why our motorcycle accident clients deserve maximum compensation for their injuries. Some of our largest case results, in terms of dollar value, have hailed from jury awards.
When we succeed in negotiating a settlement or securing a jury verdict, we make sure that we follow all necessary procedural details to enable motorcycle accident victims to receive their compensation as soon as possible. We know how important it is to receive the compensation owed to you after a serious motorcycle accident. This can bring a much-needed sense of closure and can help you move forward into the future. We’re not satisfied with our work until we have done our utmost to bring a case to a satisfactory resolution for you and your family.
When you have the Las Vegas motorcycle accident attorneys at Benson & Bingham Accident Injury Lawyers, LLC in your corner, you can rest assured knowing that you have aggressive, yet compassionate attorneys on your case. This enables you to focus your energy and efforts on what truly matters most – your recovery. Yet, many of our clients want to know how they can help their cases succeed. While we want you to focus most on your future and on rebuilding your life, there are some ways you can make a difference to your case and to your chances of securing maximum compensation.
Motorcycle accidents can upend people’s lives. If you’ve been involved in a motorcycle accident, then you’ve likely suffered some pretty serious injuries. If you are a spouse or family member of a motorcycle accident victim who suffered serious injuries or died in an accident, you are probably struggling through an extremely difficult and emotional time.
Our first piece of advice is to get the medical help that you need to make sure that you are in the physical condition and frame of mind where you can competently hear, understand, and respond to legal advice. We want you to come to us as soon as you can, but not before you’re ready.
We don’t expect anyone who has suffered the trauma of a motorcycle accident, either as a victim or as a victim’s loved one, to come to us with every piece of evidence that we need to build a case. It’s our job to put together a compelling case for why you should receive compensation from the parties who harmed you.
However, you will provide our motorcycle accident lawyers with a head start if you collect as much evidence as you can before your first meeting. Medical records, police reports, any insurance documentation, and any photographs or videos that you took at the accident scene are always helpful. Also, it can be extremely helpful if you refrain from making any repairs to your motorcycle until after you speak with an attorney from our law firm. We will need to inspect the damage before making any repairs. Also, it is important to retain your clothing, helmet, gloves, and shoes etc… In the event a mechanical defect led to your accident, that damaged bike is going to be the single most important piece of evidence you have.
As for the rest of the evidence gathering and analysis, leave that to our motorcycle accident lawyers while you focus on recovering from your injuries.
When riding a motorcycle, it may not be possible to avoid negligent drivers. Negligence is defined as “a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.”
In general, anyone who operates a vehicle owes a duty of care to other drivers, pedestrians, cyclists, and motorcyclists. If the other driver was violating a traffic law intended to prevent accidents, the driver might be considered “negligent per se.”
Nevada is an “at-fault” state (also called a “tort” state). This means that whoever caused the accident is liable for the damages caused by the accident. It also means that anyone injured in the accident can bring a lawsuit against the person(s) who caused the accident. Some family members who lost a loved one in a motorcycle accident may file a wrongful death lawsuit to recover compensation for their loss.
In some circumstances, poorly maintained roads may even cause accidents. Motorcycles are much more sensitive to road conditions. Gravel, potholes, or uneven pavement may cause a motorcyclist to lose control and crash. Faulty motorcycle parts may also cause accidents.
If the other driver says you are at fault in an accident, do not apologize or admit fault. The court decides the issue of liability. Even if you are partially responsible for the accident, the other driver may still be liable for your injuries under Nevada’s modified comparative negligence rule. Nevada Revised Statute 41.141 says that even if an accident victim is partly to blame for the accident, they may still be able to recover some of their damages.
If the circumstances of your accident make it obvious that someone else caused your motorcycle accident, then you should remain vigilant of sketchy insurance tactics. Of course, you’ll have to deal with your own insurance company for certain issues. This includes reporting the accident for property damage purposes and making sure your health insurer knows about the accident. Those interactions are usually amicable and without issue.
However, sometimes when it’s obvious that someone else caused your motorcycle accident, you might get a call from an insurance company representing the at-fault party. If that happens, be careful about what you say. Remember, the insurance adjuster on the other end of the line isn’t your friend. The adjuster’s goal is to get you to say something that undermines your claim against the at-fault party, to agree to a low initial settlement offer or both. The one thing that the insurance adjuster doesn’t want to do is pay you the maximum amount of money that you should receive for your injuries and losses.
We understand how tempting it often is for motorcycle accident victims and their families to jump at the offer of immediate compensation, but keep in mind that any money an insurance company offers you at the onset of your personal injury claim is likely significantly less than what you should receive given what your injuries have already and will continue to cost you. Furthermore, these initial settlement offers usually come with strings attached. Any settlement you agree to requires that you sign away your right to sue the insurance company and the party it insures for further compensation. There are no take-backs or do-overs. Once you’ve signed a settlement and accepted payment, your rights to recover any more money from that party and its insurer are usually gone forever, regardless of what future expenses you may incur.
At Benson & Bingham Accident Injury Lawyers, LLC, we encourage anyone who has sustained injuries or losses in a Las Vegas motorcycle accident to speak with an attorney before signing or agreeing to any kind of settlement with an insurance company. If any liable party suggests coming to an agreement without consulting legal counsel first, you should get a lawyer involved immediately.
Unfortunately, motorcycle accidents occur all-too-often in Nevada. According to the Nevada Department of Transportation, the state experienced 54 motorcycle accident deaths and 218 serious motorcycle accident injuries in 2017. Those numbers have remained more or less steady for the past five years. Even when motorcyclists take all appropriate safety precautions, they sometimes cannot avoid getting into serious, deadly accidents.
Motorcyclists are at a fundamental disadvantage on the road; they are smaller, less visible, and more vulnerable than most other vehicles. Accordingly, it should come as no surprise that one of the most common causes of motorcycle accidents is when the driver of another vehicle fails to see a motorcycle and drives directly into its path. Consider the following accident scenarios:
While these are two of the most common causes of motorcycle accidents, they are not the only causes. At Benson & Bingham Accident Injury Lawyers, LLC, we are also always on the lookout for other potential explanations for our clients’ accidents, such as:
No matter how your motorcycle accident happened, if you believe it was not your fault, then you should seek the advice and counsel of an experienced motorcycle accident attorney. Accident victims sometimes think that because they can’t identify exactly what caused their accident, they cannot recover damages. However, that’s not the case. Let an attorney at our Las Vegas law firm help you determine your eligibility for compensation today.
There are many factors involved in a motorcycle accident. These factors are complex, but there are certain patterns. Motorcycle crashes tend to occur most frequently in September and May. Fridays and Saturdays have the highest number of crashes. Approximately 67 percent of crashes happen in daylight and many crashes occur from 3 p.m. through 6 p.m. Male drivers ages 26 to 55 are most likely to suffer serious injuries and fatalities, although there has been an increase in fatalities among those ages 20 to 29.
Motorcycle accidents are often fatal, as the Nevada DOT statistics linked above show. Even when bikers survive a motorcycle accident, they often have to contend with major, life-altering injuries. We understand that the consequences of a motorcycle accident can be life-changing. We have witnessed firsthand the pain endured by motorcyclists in the emergency room while doctors utilize a wire brush to scrape and remove rocks, pebbles, and debris. The long-term complications and harm suffered are unfathomable.
At Benson & Bingham Accident Injury Lawyers, LLC, one of our areas of strength as personal injury lawyers is our familiarity with the types of severe injuries that result from motorcycle accidents. We understand the physical, emotional, and financial challenges associated with overcoming such injuries. We know the right questions to ask doctors and other medical professionals to assess our clients’ prospects and needs for recovery.
Over 80 percent of all motorcycle accidents result in injury or death. According to the Insurance Institute for Highway Safety (IIHS), motorcycles are less stable and less visible to cars. Also, some types of motorcycles have high-performance capabilities. In the event of an accident, a person riding a motorcycle lacks the protection and support of a car’s chassis. They may be ejected from the seat of the motorcycle and strike objects in the path or the ground itself. Based on miles traveled, the risk of death for a motorcyclist is almost 30 times higher than for cars.
Here are some of the most common injuries that we help our motorcycle accident clients overcome:
The injuries above are just a sampling of the types of harm that can come to a rider or passenger in a motorcycle accident. We encourage anyone injured in such an accident to seek the advice and counsel of an experienced motorcycle accident attorney. Just because you can physically recover from your motorcycle accident injuries doesn’t mean you should go without seeking compensation for them.
As riders of both street and dirt bikes, Attorneys Ben Bingham and Joseph Benson respect and understand the obstacles often presented to motorcycle operators. Most riders take extreme precautions, as the risk associated with motorcycles is well understood. Since motorcycles allow good maneuverability, oftentimes the fault is due to another motorist’s lack of attention or outright negligence, including DUI and DWI motorists. You shouldn’t have to risk your life to ride a motorcycle. While you have less protection from accident and injury when you ride a motorcycle than when you drive a car, that doesn’t mean you are asking for or deserve to sustain an injury. Motorcyclists have the same rights as any other vehicle operator to enjoy the roads around Las Vegas, Reno, and Nevada.
Every victim of a motorcycle accident deserves the best possible legal representation. Those who enlist the services of Benson & Bingham Accident Injury Lawyers, LLC get just that. We are a personal injury law firm dedicated to serving the needs of injured Nevada residents and visitors. We can provide the legal expertise and assistance needed to ensure your medical bills are paid and you receive deserved compensation for your pain and suffering from your motorbiking injury. Contact us online or call us at (702) 382-9797 to schedule a free, confidential, in-person consultation with a member of our experienced legal team.
“Never being in an accident before I wasn’t sure about the best way to go about things. Being referred to Benson & Bingham made this process ease and flow. Phillip was so helpful with making sure I had a full understanding with every step and communicating consistently with me on things. I am so happy with the service I obtained with my case. You guys are the best!!!”
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