Under Nevada motorcycle accident law, you may have a claim for damages if you are injured on your motorcycle. Depending on the circumstances, you can sue for:
- negligence (if the other driver was being careless) and/or
- strict products liability (if the motorcycle was defective).
Most personal injury claims resolve through negotiation and without a trial. Either way, you are far more likely to recover high financial settlements if you are represented by competent attorneys who are experienced in dealing with stubborn insurance defense firms.
Most importantly, do not admit fault following a motorcycle accident. Also do not claim you are uninjured. You could be wrong, and your words could come back to haunt you in a lawsuit.
In this article, our Nevada personal injury lawyers discuss how to file a motorcycle lawsuit in Nevada as well as the state’s most important motorcycle laws. Scroll down to learn:
- 1. How do I file a motorcycle accident lawsuit in Nevada?
- 2. Who is at fault in most motorcycle accidents?
- 3. How long do I have to sue?
- 4. What elements do I have to prove?
- 5. What damages can I get?
- 6. How do defendants fight the case?
- 7. What if I was partially to blame?
- 8. What are the requirements for motorcyclists in Nevada?
- 9. How common are motorcycle accidents?
- Additional resources
1. How do I file a motorcycle accident lawsuit in Nevada?
Before filing a lawsuit, you (through your attorneys) would contact the liable parties in an effort to settle the matter outside of court. Most cases settle through negotiation alone since neither side is anxious to commit to the time and expense of a trial.
Should negotiations fail, you would then file a civil lawsuit in the relevant court. Typically, lawsuits can be filed in the jurisdiction where:
- the collision actually occurred, or
- the motorcycle manufacturer is incorporated (if you are suing the manufacturer).
1.1. Settlement talks
Even after a lawsuit is filed, chances are the case will still settle out of court. As negotiations are ongoing, the parties would engage in various litigation practices such as:
- producing and requesting discovery (“evidence”);
- attending depositions (giving sworn testimony); and/or
- answering interrogatories (answering questions in writing under oath)
1.2. Trial
In the rare event that the case proceeds to trial, then both parties would present arguments and witnesses. Typical evidence includes:
- video surveillance footage of the incident and road and driving conditions
- expert medical testimony
- medical records
- eyewitness accounts
- accident reconstruction expert testimony
- weather reports
Ultimately, the jury would decide whether the defendant is liable and — if so — what the damages would be.
Trial verdicts can be appealed to a higher court. If the case settles out of court, then the resolution may not be appealed (in most situations).
2. Who is at fault in most motorcycle accidents?
Depending on the case, you may be able to sue the following parties following a motorcycle accident:
- the driver who caused the accident
- the manufacturer of the motorcycle (if it was defective)1
- any mechanics who worked on the motorcycle (if their actions caused the motorcycle to malfunction)
- the manufacturer of the motorcycle helmet (if it was defective)
- the city or county (such as if poor road maintenance contributed to the crash)
- the at-fault motorist’s parents, if the driver was a minor2
- anyone else who may have contributed to the accident
Often, defendants with the deepest pockets are motorcycle manufacturers, such as Yamaha and Honda.
3. How long do I have to sue?
In general, you have a two-year statute of limitations after you discover your accident injuries to bring a personal injury negligence action against the at-fault driver(s).3
4. What elements do I have to prove?
4.1. Negligence
One of the most common claims in Las Vegas motorcycle collision lawsuits is negligence.4 In order to prove that the defendant was negligent towards you (the plaintiff), you would need to show the following four things:
- the defendant owed you a duty of care (such as driving carefully);
- the defendant breached that duty of care (such as by not driving distractedly);
- the defendant’s breach of duty proximately caused your injuries; and
- your injuries resulted in damages.5
4.2. Products liability
If the accident was caused by a defective motorcycle, you could also sue for strict products liability. In order to prove the manufacturer is liable, you would need to show the following four things:
- The motorcycle was defective as the result of a design, manufacturing, or warning defect;
- The defect existed when the product left the defendant’s possession (like when you bought it);
- The product was used in a manner which was reasonably foreseeable by the defendant (such as by driving on the roadway); and
- The defect was a cause of the damage or injury to you.6
Other possible causes of action
One common claim is negligence per se in Nevada, which may apply if the accident was caused by the defendant violating a Nevada traffic law. For example, a defendant could be liable for negligence per se if the crash occurred because they were driving intoxicated7, speeding (NRS 484B.600), or making an improper turn (NRS 484B.400).
Another possible claim is negligent infliction of emotional distress (NIED). Not only can you sue for NIED, but also your family can sue as long as they witnessed the accident.
Note that if the motorcycle crash results in a fatality, the victim’s family can bring a wrongful death claim against the responsible parties.
An attorney can help you decide which claims to sue for and which have the best chances of yielding a settlement.
See our related article on suing DUI drivers following an accident in Nevada.
5. What damages can I get?
If you were harmed in a motorcycle collision, you may be entitled to recover money to pay for your:
- Medical bills,
- Lost wages,
- Physical and occupational rehabilitation,
- Pain and suffering (non-economic damages),
- Vehicle-repair service bills,
- Counseling for physical or emotional distress, and/or
- Funeral expenses and loss of probable support (in wrongful death cases)
If the case goes to trial, you can also ask for punitive damages if the defendant may have acted in a malicious or particularly reckless way. Punitive damages are often much larger than compensatory damages.8
6. How do defendants fight the case?
There are many possible defenses the other side may raise when they are facing a lawsuit for causing a motorcycle collision. Five typical defenses include the following:
- you caused the crash, not the other way around
- a third party other than you and the defendant caused the crash
- any defects in the vehicle were caused by you, not the manufacturer (if the manufacturer is named as the defendant)
- the defendant was not currently on duty when the accident took place (if the defendant’s employer is named as the defendant)
- the road conditions were safe (if the city or county is named as the defendant)
7. What if I was partially to blame?
Under Nevada’s modified comparative negligence laws, you may still recover damages if you were no more than 50% at fault in causing a motorcycle crash.9
Example: Ed is driving his motorcycle without a helmet in Reno when Harry slams into him after failing to yield right of way. Ed sustains $100,000 worth of damages. If the court find Ed 50% at fault for not wearing a helmet, he could still recover damages – but they would be reduced in proportion to his degree of fault. Since Ed was half at fault, he would get $50,000 (half of $100,000.)
Never presume that you are to blame for an accident until you consult with an experienced attorney. In many cases, an attorney can show that you had little or no part to play in causing your injuries despite your initial impressions.
Vehicle drivers know that they are in the position of power on the road. So when they hit a motorcycle, they will always try to shift blame by accusing the biker of swerving or speeding. An accident reconstruction expert can help invalidate these claims.
Vehicle drivers may also try to argue that the motorcycle did not meet state standards (such as by the seat being too high or the handlebars being too low). Though an equipment violation alone should not shift fault over to the biker unless the violation played a part in the accident (like a broken tail light might).
8. What are the requirements for motorcyclists in Nevada?
8.1. License and registration
Firstly, you need a class M license to drive a motorcycle in Nevada. You can obtain one by either:
- Transferring your out-of-state motorcycle license to Nevada (within 30 days of moving to Nevada);
- Passing a knowledge test, skills test, and vision test at the Nevada DMV; or
- Completing a Motorcycle Safety Course certified by the Motorcycle Safety Foundation.
As with cars, you must register your motorcycle with the Nevada DMV.
8.2. Helmets
To operate a motorcycle in Nevada, you must wear goggles or a face shield if there is no windscreen on the motorcycle. You also must wear a helmet that meets NHTSA and U.S. Department of Transportation (DOT) standards, including:
- A weight of three pounds at least;
- At least one inch of firm polystyrene foam as an interior liner;
- External parts that do not stick out more than .2 inches;
- Chin straps; and
- a DOT label.
Failing to wear a motorcycle helmet is a civil infraction carrying a fine and two DMV demerit points. It is actually unlawful in Nevada to sell helmets that do not meet DOT standards.
8.3. Motorcycle equipment
In addition, the motorcycle itself must be equipped with the following:
- Horn (audible from 200 feet);
- Muffler;
- Wheel fenders (front and fear);
- Turn signals (front and back and visible from 500 feet);
- Brakes (front and back);
- One to two headlights;
- Rear-view mirrors (at least three inches wide) on the handlebars (with the handgrips below shoulder-level);
- Passenger footrests behind the driver that are adjustable;
- A rear-mounted reflector, at least 20 inches high, and visible in low beam lights from no less than 300 feet away;
- USDOT-approved tires;
- Brake lights visible from no less than 300 feet away at any time of day; and
- Red taillight that is visible from no less than 500 feet away at any time of day.
8.4. Insurance
In Nevada, motorcycle owners are required to carry the following insurance coverage at a minimum:
- $25,000 for bodily harm or fatality for one person in any one incident;
- $50,000 for bodily harm or fatality for at least two people in any one incident; and
- $20,000 for property damage in any one accident.
(This 25/50/20 minimum is the same amount of insurance coverage Nevada law requires for cars.)
8.5. Rules of the road
Finally, Nevada motorcyclists must abide by the same rules of the road as automobile drivers. Note that:
- Motorcyclists can ride in the carpool or HOV lanes without passengers;
- Motorcyclists can go through red lights only if the sensors failed to detect them for two cycles, and the intersection is clear;
- Lane splitting is illegal, but motorcycles can ride side-by-side in the same lane.10
Note that DUI on a motorcycle is punished the same as DUI in a passenger car, and penalties increase for each successive DUI conviction (in seven years). In addition to carrying fines and possibly jail, getting a DUI can cause your license to be suspended.
Learn more about Nevada motorcycle laws and motorcycle helmet laws (NRS 486.231).
9. How common are motorcycle accidents?
Although accidents involving cars are near all-time lows according to the Centers for Disease Control (CDC), deaths from motorcycle accidents have never been higher.
In 2021 alone, motorcycle accidents accounted for 84 deaths in Nevada and 5,932 deaths nationwide. In Nevada, 19 of the victims had an illegal blood alcohol content, and nine of them were not wearing helmets.11
Common serious injuries from motorcycle accidents include:
- broken bones
- contusions
- burn injuries
- disfigurement
- organ damage
- traumatic brain injury
- spinal injuries
- other catastrophic injuries
Additional resources
For more in-depth information, refer to these scholarly articles:
- The Helmet Law in Nevada: How to Hassle Harley Riders – San Diego Law Review.
- Products Liability: Motorcycle Design-The Outer Limits of Crashworthiness – Stetson Law Review.
- Factors associated with crash severities in built-up areas along rural highways of Nevada: A case study of 11 towns – Journal of Traffic and Transportation Engineering.
- Motorcycle Helmet Laws: The Facts, What Can Be Done to Jump-Start Helmet Use, and Ways to Cap Damages – Journal of Health Care Law & Policy.
- Helmetless Motorcyclists–Easy Riders Facing Hard Facts: The Rise of the Motorcycle Helmet Defense – Ohio State Law Review.
Legal References
- Andrews v. Harley Davidson, Inc., (1990) 106 Nev. 533, 537, 796 P.2d 1092, 1095 (“A manufacturer has a duty to design a reasonably crashworthy vehicle. Huddell v. Levine, 537 F.2d 726, 737 (3d. Cir. 1976). In regard to the crashworthiness of a vehicle, once a court or jury determines that a design defect exists misuse precludes recovery only when the plaintiff misuses the product in a manner in which the defendant could not reasonably foresee. See Hughes v. Magic Chief, Inc., 288 N.W.2d 542, 545 (Iowa 1980). Negligent driving of a vehicle is a foreseeable risk against which a manufacturer is required to take precautions. Ford Motor Co. v. Hill, 404 So.2d 1049, 1052 (Fla. 1981). Specifically, it is foreseeable that a plaintiff, who is intoxicated, will drive negligently and get in an accident since intoxication leads to a significant number of accidents yearly. Therefore, evidence of Andrews’ intoxication is not relevant to whether a design defect in his motorcycle was the proximate cause of his injuries.”).
- Zugel v. Miller, (1984) 100 Nev. 525, 527, 688 P.2d 310, 312 (“A second possible theory of liability in this case is that of ‘negligent entrustment’ of a motor vehicle. Under this doctrine, a person who knowingly entrusts a vehicle to an inexperienced or incompetent person, such as a minor child unlicensed to drive a motor vehicle, may be found liable for damages resulting thereby.”).
- NRS 11.190(4)(e).
- Turner v. Mandalay Sports Entm’t, LLC (2008) 124 Nev. 213.
- Same.
- Valentine v. Pioneer Chlor Alkali, (1993) 109 Nev. 1107, 864 P.2d 295, 297.
- Yoscovitch v. Wasson, (1992) 98 Nev. 250, 251, 645 P.2d 975, 976 (“In Hamm v. Carson City Nugget, Inc., 85 Nev. 99, 450 P.2d 358 (1969), we held that a liquor vendor cannot be held responsible to third persons for injury or death due to an inebriated driver’s conduct. The proximate cause of the injury is deemed to be the purchaser’s consumption of liquor, rather than its sale.”).
- NRS 42.005.
- NRS 41.141.
- NRS 486.231. NRS 486.241. NRS 486.331; NRS 486.341. NRS 486.351 (“A person, except a police officer in the performance of his or her duty, shall not drive a motorcycle or moped between moving or stationary vehicles occupying adjacent traffic lanes.”).
- Traffic Safety Facts, 2021 Data, National Highway Traffic Safety Administration (NHTSA).