Nevada law requires all motorists to exercise care and caution to protect the safety of bicyclists. If you are injured in a bicycle accident in Las Vegas, you can file a lawsuit to recover compensatory damages for your medical bills, lost wages, lost earning capacity, and/or pain and suffering. Possible legal grounds are:
- negligence,
- negligence per se,
- strict products liability and/or
- wrongful death (if the victim passed away)
It is important to speak with an attorney before dealing with an insurance company. The insurance adjuster will attempt to settle your personal injury claim for far less than you deserve. Plus any statements you make can come back to haunt you when seeking compensation from the insurance company.
In this article, our Nevada personal injury lawyers discuss the details of Nevada bike accident law and how victims can bring a lawsuit.
- 1. How do I file a bicycle accident lawsuit in Nevada?
- 2. Whom can I sue?
- 3. What can I sue for?
- 4. What damages can I get?
- 5. When can I sue?
- 6. What if I was partially to blame?
- 7. What are common bike injuries?
- 8. I was just in a bike accident – now what?
- 9. Nevada bike laws
- 10. Is drunk biking a crime?
- Additional resources
1. How do I file a bicycle accident lawsuit in Nevada?
If you were involved in a bike crash, see a doctor right away even if you feel fine. Injuries can appear after time has passed and the adrenaline and stress from the accident have dissipated.
If you are injured, your attorney would first try to settle the legal action with the at-fault party (or parties). Most of the time, personal injury cases can resolve through aggressive negotiations alone.
But if the at-fault party’s insurance defense firm refuses to give you enough money, your attorney can discuss taking the bicycle accident case to trial. Typical evidence your attorney would introduce at trial includes:
- video surveillance footage
- medical records and expert medical testimony
- eyewitness accounts
- accident reconstruction expert testimony
- weather reports
- any police reports
Your attorney would have the burden to prove “by a preponderance of the evidence” that the defendants were liable. This is a much lower burden of proof than criminal trials, where the prosecutor needs to establish guilt “beyond a reasonable doubt.”
Note that negotiations can continue right up to and during the trial. In many cases, defendants are more willing to settle when they see that the trial is not going their way.
2. Whom can I sue?
There are several possible defendants in bike crash cases, depending on the circumstances of the collision. Some potential defendants include:
- the other motor vehicle driver or bicycle rider for not following the rules of the road, such as failing to yield right-of-way, driving in a bike lane, or dooring (opening the car door without looking first)
- the bike manufacturer (if the bike was defective)
- the city or county (if poor road maintenance contributed to the crash, such as potholes or covered stop signs)
- the bike helmet manufacturer (if the helmet failed to protect you)
Of all these potential defendants, the bike manufacturers usually have the deepest pockets. Popular bike makers include Yeti Cycles, Trek Bikes, Tommaso Bikes, Schwinn Bikes, and Raleigh Bikes.
3. What do I sue for?
There are several possible claims that you may bring against the at-fault parties (“defendants”) following a bike accident, including negligence, negligence per se, products liability, and/or wrongful death. Your attorney would help you decide which claims are appropriate and most likely to be successful.
Negligence in Nevada
You must prove the following elements for a defendant to be liable for negligence:
- the defendant owed a duty of care to you;
- the defendant breached that duty of care; and
- the defendant’s breach of duty caused your injuries.1
Bikers and drivers owe other people on the road the duty to drive safely. If for example the defendant was not paying attention and caused a collision that injured you, the defendant was negligent.
Negligence per se in Nevada
You must prove the following elements for a defendant to be liable for negligence per se in Nevada:
- the defendant had the duty to follow a certain law;
- the law was meant to protect people like you;
- the defendant violated that law; and
- the defendant’s violation caused your injuries.2
Bikers and drivers must abide by Nevada traffic laws, which is meant to protect other people on the road. If for example the defendant caused an accident by speeding in Nevada (NRS 484B.600) or driving intoxicated in Nevada, the defendant was negligent per se.
Products liability in Nevada
You must prove the following elements for a defendant to be liable for strict products liability:
- The bike or automobile was defective as the result of a design, manufacturing, or warning defect;
- The defect existed when the bike or automobile left the possession of the defendant (the bike or vehicle manufacturer);
- The bike or automobile was used in a manner that was reasonably foreseeable by the defendant; and
- The defect was a cause of your injury.3
When your bike crash involves no other bikes or vehicles, your attorney should investigate whether the bike could have been defective. In these solo-crash scenarios, products liability may be the only possible claim you have.
Wrongful death in Nevada
Bike crashes are sometimes fatal, especially if the collision involved a large vehicle. In these cases, the victim’s family and estate can file a wrongful death lawsuit. If your family member passed away, you must prove the following to prevail on a wrongful death claim:
- The victim passed away;
- This death was the result of another’s wrongful act or negligence;
- You are an heir or personal representative of the victim; and
- You suffered damages for monetary injury as a result of the death4
4. What damages can I get?
If you are a victim of a biking accident, you may be able to recover money for the following compensatory damages:
- doctor’s bills,
- lost wages,
- loss of future earnings,
- physical and occupational rehabilitation,
- reimbursement for property damage, and/or
- pain and suffering.
In some cases, your spouse may have a case for loss of consortium (companionship). In wrongful death cases, family members can sue for loss of support, grief and sorrow, and loss of companionship.
On the rare occasion a case goes to trial, your personal injury attorney would also fight for punitive damages in Nevada. These can be a lot bigger than compensatory damages, and they serve to punish the defendant for the reckless behavior that caused the accident.5
5. When can I sue?
With some exceptions, the statute of limitations in Nevada to file a personal injury lawsuit is only two (2) years after you realize you are injured.6
You are advised to contact an attorney right away to get started on your case. Even if more than two years have passed, you are still encouraged to consult with a lawyer — there may be loopholes that permit you to file a viable lawsuit.
6. What if I was partially to blame?
Defendants who are being sued for their involvement in a bike accident will likely put the blame back on you. Though even if you were partially at fault for the crash, you can still win a lawsuit:
Under Nevada’s comparative negligence laws, you are eligible to recover damages as long as the defendant was at least 50% at fault:7
Example: Katie is biking down the Strip without a helmet when a car crashes into her. Katie cracks her skull.
At trial, the jury finds that Katie was 50% to blame because she wore no helmet. But since the car driver was also 50% to blame, the court may order the driver to pay Katie for her injuries.
In the above example, Katie will be entitled to 50% less damages than if she were blameless. Courts always reduce the amount of money that you receive in proportion to your fault.
7. What are common bike injuries?
Even a minor bike accident can cause serious injuries or even catastrophic injuries because you are so exposed to the elements. Typical bike accident injuries include:
- fractures
- disfigurement
- lacerations (and ensuing infections)
- organ damage
- traumatic brain injury
- spinal injuries
- other severe injuries
- death
In Nevada, each year hundreds of bikers get into crashes, and about a dozen of them die from their injuries.8
8. I was just in a bike accident – now what?
If you are seriously injured in a bike crash, obviously you or someone at the scene should call 911 right away. If you do not feel seriously injured, take these five steps:
- Move your bike to a safe area where there is no oncoming traffic. If the car involved in the crash seems to be leaking gasoline or any other dangerous chemicals, be sure to keep a safe distance.
- If anyone else needs medical care, call 911 for the paramedics. Try not to move anyone yourself since you could unintentionally make their injuries worse.9
- Take photos and videos of the accident scene and any injuries. Take down the contact information of any eyewitnesses. While your memory is fresh, write down everything you can remember about what happened, including the road and weather conditions.
- Seek medical care for yourself, even if you feel fine. Many injuries take a while to manifest, such as whiplash or other soft-tissue injuries. Or you may have sustained a head injury, and unless a doctor examines you, you might not know it until you start suffering chronic headaches or memory loss down the line. Also be sure to save all your medical records for evidentiary purposes.
- Do NOT admit fault or say you are uninjured. You could be wrong, and such admissions could hinder you getting a settlement. Also, do NOT accept a lowball offer from the at-fault driver’s insurance company. Instead, contact a personal injury attorney who will safeguard your legal rights and fight for the largest settlement possible to cover all of your present and projected future damages.
9. Nevada bike laws
Although bicycles are not “motor vehicles,” you must follow most motor vehicle rules (such as obeying traffic signals and signs and giving due regard for others’ safety). In addition, you have to follow bike-specific regulations such as:
- use bike lanes (unless there are none),
- ride as close to the right side as possible unless you are passing or turning,
- ride with the traffic flow at a commensurate speed,
- keep at least one hand on the handlebar (even when carrying a bag or package),
- use hand signals when turning,
- have a red reflector on the back of the bike with 50-300 feet visibility for night biking,
- have a white light/headlamp on the front with 500-feet visibility for night biking,
- have reflectors on each side of the bike with 600-feet visibility for night biking (this also helps to prevent T-bone crashes),
- carry no passengers unless they each have their own seat,
- keep the bike unattached from any toy vehicle, sled, roller skates, or coasters,
- stay off prohibited areas (such as Nevada highways),
- ride on pedestrian sidewalks if the municipality prohibits biking on the roads, and
- dismount and push the bike at crosswalks.10
Nevada law does not require that you wear a helmet to ride a bike (whereas helmets are required to ride a moped or motorcycle). However, protective headgear is highly encouraged since it can help prevent serious head trauma.
You are also encouraged to wear bright colors so others on the road will have an easier time seeing you in the dark.
Finally, it is recommended you carry bicycle insurance and uninsured/underinsured insurance in the event the driver who hit you has insufficient insurance or fled the scene and cannot be found.
Interfering with bicyclists
It is a public offense for anyone to throw objects (such as rocks) at bicycles or to vandalize a bicycle. Penalties typically include a fine.11
Meanwhile, motor vehicle drivers are supposed to keep at least three feet between them and you. Drivers may not interfere with you or pass you in an unsafe manner. Drivers who endanger or harm bicyclists face citations for traffic infractions or misdemeanors. In the event of an accident, they face civil liability as well.12
Learn more about Nevada bicycle laws.
10. Is drunk biking a crime?
Cycling under the influence of drugs or alcohol (CUI) is not prosecuted as DUI in Nevada and does not trigger a license suspension. Instead, you would face charges for reckless endangerment (NRS 202.595).
Reckless endangerment is typically a gross misdemeanor, carrying up to:
- 364 days in jail and/or
- $2,000 in fines.
However, reckless endangerment becomes a category C felony if it results in substantial bodily harm. Then the penalties are one to five years in prison and a possible fine of up to $10,000.
If you get into an accident while CUI, it will almost certainly count against you when determining fault. If the intoxication put you at more than 50% at fault, then you would not be eligible to recover damages.
Additional resources
Our Las Vegas bicycle accident attorneys suggest you refer to the following for more information.
- Pedestrian and Bicycle Information Center – Find general information on bicycles and walking.
- The League of American Bicyclists – A national organization of bicyclists dedicated to creating safer roads.
- Nevada Bicycle Coalition – A non-profit organization dedicated to improving bicycling safety, access, and education throughout the state of Nevada.
- Bicycles – Nevada DMV fact sheet on laws and regulations.
- Southern Nevada Bicycle Coalition – A non-profit organization that advocates for better cycling infrastructure, safety, and education in the southern region of Nevada.
Legal References
- Turner v. Mandalay Sports Entm’t, LLC, 124 Nev. 213, 180 P.3d 1172 (2008).
- Valentine v. Pioneer Chlor Alkali, 109 Nev. 1107, 864 P.2d 295, 297 (1993).
- NRS 41.085.
- NRS 42.005.
- NRS 11.190.
- NRS 41.141.
- John Glionna, A Push for Cyclists’ Safety After 5 Die Near Las Vegas, New York Times (January 7, 2021).
- If the police come to the scene, they will make an accident report. If police do not come, the drivers involved have 10 days to file the report if there were injuries or more than $750 in property damage. As a bicyclist, you should not have to submit a report yourself. NRS 484E.070 – .080. Failing to file an accident report when required may trigger a driver’s license suspension for one year. Though the suspension can be terminated early you file the report or you show the DMV that you did not willfully fail to file the report. Knowingly putting false information in the report is a gross misdemeanor.
- Bicycles, Nevada DMV. NRS 484B.760-783. NRS 484A.025.
- NRS 205.2741.
- NRS 484B.270.