Nevada Bike Accident Law – How to Bring a Legal Claim

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, property damage, and/or pain and suffering.

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.

The following flowchart shows the progression of a typical bike accident lawsuit in Nevada.

In this article, our Nevada personal injury lawyers discuss the details of Nevada bike accident law and how victims can bring a lawsuit.

• 1. Filing Suit
• 2. Whom can I sue?
• 3. What can I sue for?
• 4. Can I get punitive damages?
• 5. When can I sue?
• 6. What if I was partially to blame?
• 7. Common Bike Injuries
• 8. What to Do After a Crash
• 9. Nevada Bike Laws
• Additional Resources

Cyclists injured in bicycle collisions may be able to sue the negligent driver and bike maker.

1. Filing Suit

If you are injured in a biking accident, we would first try to settle with the at-fault party (or parties). Otherwise, we can discuss taking the case to trial. Typical evidence we 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

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, such as:

• the other driver or rider for crashing into you
• 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

Potential defendants in bike accident cases include not just the other motorists involved but potentially the manufacturers of the cars and bikes that malfunctioned.

3. What do I sue for?

There are several possible claims at-fault parties can be sued for following a bike accident, including:

• negligence – when you are injured by the defendant’s breach of their duty of care,¹
• negligence per se – when you are injured because the defendant violated a traffic law meant to protect you,,²
• strict products liability – when you are injured from a defect in the bike,³ and/or
• wrongful death – if your family member passed away in the accident.⁴

A good settlement would cover all of your expenses, including medical bills, lost wages, and pain and suffering.

4. Can I get punitive damages?

To get punitive damages in a bike accident lawsuit, we would have to show the defendant acted with fraud, malice or oppression. Since most bike accidents are just that – accidents – punitive damages are rare.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

6. What if I was partially to blame?

Under Nevada’s comparative negligence laws, you are eligible to recover damages in biking lawsuits as long as you were no more than 50% at fault. However, your monetary reward will be reduced in proportion to your degree of fault:⁷

Example: Katie is biking down the Strip without a helmet when a car crashes into her. She sustains $10,000 in damages.

At trial, the jury finds that Katie was 50% to blame because she wore no helmet. Since the car driver was also 50% to blame, the court may order the driver to pay 50% of her damages: $5,000.

7. Common Bike Injuries

Even a minor bike accident can cause serious or even catastrophic injuries because you are so exposed to the elements. In these cases, we typically see:

• fractures
• disfigurement
• lacerations (and ensuing infections)
• organ damage
• traumatic brain injury
• spinal injuries
• death

In Nevada, each year, hundreds of bikers get into crashes, and about a dozen of them die from their injuries.⁸

8. What to Do After a Crash

1. Move your bike to a safe area where there is no oncoming traffic.
2. If anyone else needs medical care, call 911.⁹
3. Take photos and videos of the accident scene and any injuries.
4. Seek medical care for yourself, even if you feel fine.
5. Do NOT admit fault or say you are uninjured.
6. Call a lawyer.

According to NRS 484A.025, a bicycle is a device with two tandem wheels no less than 14 inches in diameter. To ride a bicycle in Nevada, it must have a brake.

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). Ten bike-specific regulations you must follow are:

1. use bike lanes, or ride as close to the right side as possible unless you are passing or turning,
2. ride with the traffic flow at a similar speed,
3. keep at least one hand on the handlebar (even when carrying a bag or package),
4. use hand signals when turning,
5. have a red reflector on the back of the bike with 50-300 feet visibility for night biking,
6. have a white light/headlamp on the front with 500-feet visibility for night biking,
7. have reflectors on each side of the bike with 600-feet visibility for night biking (this also helps to prevent T-bone crashes),
8. carry no passengers unless they each have their own seat,
9. keep the bike unattached from any toy vehicle, sled, roller skates, or coasters,
10. ride on pedestrian sidewalks if the municipality prohibits biking on the roads.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 encouraged since it can help prevent head trauma.

Interfering with Bicyclists

It is a public offense to carry a fine for throwing objects (such as rocks) at bicycles or vandalizing a bicycle. ¹¹

Meanwhile, motor vehicle drivers are supposed to keep at least three feet between themselves and their bikes. Drivers may not interfere with or pass them 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

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