Gallagher & Lipshutz represents injured motorcyclists in Las Vegas, Henderson, North Las Vegas, Summerlin, and throughout Clark County. Las Vegas has year round riding weather, heavy tourist traffic, fast roads, and busy intersections where drivers often fail to notice motorcycles. When a crash happens, the rider is often the person with the worst injuries, even when the driver of the car or truck caused the collision.
Motorcycle cases also carry a second problem: unfair blame. Insurance companies may assume the rider was speeding, weaving, reckless, or taking risks before they review the evidence. That bias can affect how they value the claim. A serious motorcycle crash needs clear proof of fault, clear proof that the crash caused the injuries, and a careful review of the insurance coverage that may apply. A Las Vegas motorcycle accident lawyer takes that work off the rider so the claim is built on evidence, not on the insurance company's assumptions.
We offer free consultations for injured riders. Call (702) 381-3770 or contact Gallagher & Lipshutz before giving a recorded statement or accepting an early settlement offer. A recorded statement can be used later to blame the rider or downplay the injury. Nevada gives most injury victims two years to file — see our Nevada injury claim deadlines page.
Why Motorcycle Accident Cases Are Different
Motorcycle crashes are different because riders have little protection. There is no steel frame, airbag, or seatbelt between the rider and the road. Even with a helmet and good gear, a rider can suffer road rash, fractures, shoulder injuries, knee injuries, spine injuries, internal injuries, and traumatic brain injuries. A crash that looks minor from the vehicle damage can still cause serious harm to the rider's body.
These cases also often require a closer look at visibility, lane position, road surface, lighting, driver attention, and how the impact happened. A driver may say, "I did not see the motorcycle," but that does not make the crash the rider's fault. Drivers still have to look before turning, changing lanes, entering traffic, or pulling out of a driveway. Evidence such as scene photos, vehicle damage, witness testimony, helmet and gear damage, police diagrams, and nearby video can help show what happened.
Overcoming Bias Against Motorcyclists
Insurance companies sometimes use rider bias as a shortcut. They may say the rider must have been speeding, the motorcycle was hard to see, or the rider should have avoided the crash. This issue comes up because Nevada's comparative fault rule can reduce the money recovered or prevent recovery if enough blame is placed on the rider. Under that rule, a rider can recover only if the rider's share of fault is not greater than the fault of the person or people being sued. See Nevada's comparative fault rule, NRS 41.141.
Useful evidence includes a police report, witness names, scene photos, video, skid marks, vehicle damage, motorcycle damage, helmet damage, and medical records. Our guides explain how to get your Las Vegas crash report and how to get traffic camera footage after a Las Vegas crash. In some cases, crash reconstruction or expert review may be needed. Expert review may involve a qualified person explaining technical details, such as speed, impact angles, visibility, or braking, in a way the insurance company or a jury can understand.
Nevada Motorcycle Helmet Law
Nevada requires motorcycle riders and passengers to use protective headgear that meets required standards, and it also requires eye protection unless the motorcycle has a transparent windscreen. See Nevada's motorcycle helmet and eye protection statute, NRS 486.231. The helmet must be securely fastened and meet the Department of Motor Vehicles standards, and the rule applies on any public road. The only exceptions are a parade approved by a local government and a three-wheel vehicle with an enclosed cab. There is no age exception. The rule applies to every rider and passenger, and a violation is a civil infraction, not a crime. Not wearing a helmet can create insurance arguments, especially if the injury involves the head or face. It does not automatically show the rider caused the crash, but it can become part of the fault and injury discussion. The driver who turned in front of you is still responsible for the crash whether or not you were wearing a helmet.
Is Lane Splitting Legal in Nevada?
No. Lane splitting, which means riding between two lanes of moving or stopped cars, is illegal in Nevada under NRS 486.351. A rider also may not pass another vehicle inside the same lane. Two motorcycles may ride side by side in one lane if both riders agree. This surprises riders who come in from California, where lane splitting is allowed, and it comes up after a crash: a rider who was between lanes when a car changed lanes will be blamed for the crash, and Nevada's comparative fault rule can reduce or bar the recovery. The rule cuts the other way too. Under NRS 486.341, a motorcycle is entitled to the full use of its lane, and a driver who squeezes into a rider's lane, or crowds a rider to the edge of it, has violated that statute.
In a lane-change crash, the question is usually who was in the lane first and whether the driver looked. Dash camera video from nearby cars, the damage on each vehicle, and the position of the motorcycle after the crash all help answer it. We also look for the driver's phone records when the driver says the motorcycle came out of nowhere.
Motorcycle Insurance in Nevada: Whose Policy Pays?
Motorcycle insurance issues can also be difficult. The driver who caused the crash pays for the rider's injuries through the driver's liability insurance, and the driver who was at fault may have coverage too low for a serious rider injury. Nevada drivers must carry at least $25,000 of injury coverage for each person hurt in a crash, up to a total of $50,000 per accident, plus $20,000 for property damage. See Nevada's minimum car insurance statute, NRS 485.185, and the Nevada Division of Insurance summary. Many Las Vegas drivers carry only those minimums, and a rider with a broken leg can run through $25,000 in the first day at the hospital. Uninsured or underinsured motorist coverage should be reviewed after a serious motorcycle crash.
A rider's own motorcycle policy is often the one that pays. Nevada requires every registered motorcycle to carry the same minimum liability coverage as a car. Your insurance company also had to offer you uninsured and underinsured motorist coverage equal to your own injury limits, under NRS 687B.145. Uninsured motorist coverage pays for your injuries when the driver had no insurance or fled and was never found. Underinsured motorist coverage pays when the driver's policy runs out. Both come from the motorcycle's own policy. A car policy usually does not cover injuries on a motorcycle you own and insured separately, so the coverage you bought on the bike is the coverage that counts. Medical payments coverage, if you bought it, pays early bills regardless of fault. Our post on whose insurance to call after a crash explains how to find the driver's policy. Our guide to reporting a hit and run in Las Vegas covers what to do when the driver leaves, and our Las Vegas hit and run accident lawyers page explains how we find the driver and handle the claim.
Common Causes of Las Vegas Motorcycle Accidents
Common causes include left turning cars, drivers failing to see motorcycles, unsafe lane changes, distracted driving, driving while intoxicated, following too closely, speeding, bad road surfaces, debris, and vehicles pulling out of parking lots or casino driveways. Some of the most serious crashes happen when a car turns left across a rider's path. The driver may say the motorcycle came out of nowhere, but the evidence may show the driver failed to look carefully or misjudged the rider's speed and distance.
Heavy traffic near the Strip, freeway merges, construction zones, and fast roads can all affect how a motorcycle crash happens. The rider's route, lane position, lighting, traffic controls, and the driver's view should be reviewed before anyone accepts the insurance company's blame story.
Motorcycle Accidents in Henderson and the Rest of the Valley
Our Las Vegas motorcycle accident attorneys handle crashes throughout Clark County, and many of them happen in Henderson. Boulder Highway, Lake Mead Parkway, St. Rose Parkway, Eastern Avenue and Horizon Ridge Parkway are wide, fast roads with long stretches between signals. The I-215 and I-11 interchanges bring freeway speed into the middle of the city, and riders heading to Lake Mead, Boulder City and Hoover Dam pass through Henderson on most trips. A crash inside Henderson city limits is investigated by the Henderson Police Department, not the Las Vegas Metropolitan Police Department, and a crash on the freeways is handled by the Nevada Highway Patrol. The crash report comes from a different agency, and the request goes to a different office.
The same is true across the valley. Rides out to Red Rock Canyon on State Route 159 and up to Mount Charleston on Kyle Canyon Road put riders on two-lane roads with blind curves and drivers watching the scenery. Those crashes are investigated by the Nevada Highway Patrol. A rider looking for a Henderson motorcycle accident lawyer gets the same attorneys as a rider hurt in Summerlin or on the Strip. What changes is which police report to pull, which cameras to ask for, and which agency to contact.
Damages in a Motorcycle Accident Claim
Damages in a motorcycle case may include medical bills, future medical care, missed wages, the money you can no longer earn in the future, motorcycle damage, pain, scarring, physical limits, and loss of enjoyment of life. Serious rider injuries may require surgery, therapy, injections, long term pain care, or work restrictions. Those future needs should be evaluated before the claim is settled. If the crash took a life, our Las Vegas wrongful death lawyers page explains who can bring the claim and what a family can recover.
For a broader damages overview, see our Nevada personal injury practice page. The key is to show the full loss with records, not guesses. Medical records, bills, wage proof, photos, gear damage, and testimony from people who saw how the injury changed daily life can all be part of the proof.
What to Do After a Motorcycle Crash
If you have been in a motorcycle crash in Las Vegas, the steps you take right after the crash can protect your health and your claim, especially because insurance companies often start out by blaming the rider. Here is what to do.
Step 1: Check for Injuries
Check yourself first. If you may have a head, neck, back, chest, leg, or arm injury, do not try to move around just to gather evidence.
Step 2: Call 9-1-1
Call the police and ask for medical help. Motorcycle injuries can be serious even when adrenaline makes you feel alert at the scene. Follow the responding officers' instructions.
Step 3: Get to Safety
If you are physically able, move out of traffic. Move the motorcycle only if it is safe and does not put you or others at risk.
Step 4: Take Pictures
Photograph the vehicles, motorcycle, road, lane markings, debris, skid marks, traffic signs, driver plates, and your visible injuries.
Step 5: Document Your Gear
Save and photograph your helmet, jacket, gloves, boots, and other gear. Damage to gear can help show the force and direction of impact.
Step 6: Find Witnesses
Get names and phone numbers from witnesses. Ask whether anyone saw the driver turn, change lanes, or fail to yield.
Step 7: Exchange Information
Take pictures of the other driver's driver's license, insurance, and registration. Get the driver's phone number and vehicle information. Do not argue about fault at the scene.
Step 8: Go to the Doctor
Get checked promptly. Brain injuries, internal injuries, spine injuries, and fractures can be missed or get worse after the crash.
Frequently Asked Questions
Who is at fault if a car turns in front of my motorcycle?
The turning driver is often at fault if the motorcycle had the right of way, but every case depends on the facts. The insurance company may still argue speed, visibility, or rider reaction time. Scene photos, witness testimony, traffic controls, and vehicle damage can help answer those arguments.
Does not wearing a helmet hurt my claim?
It can, especially if the injury involves the head or face, because Nevada requires approved motorcycle headgear. See Nevada's motorcycle helmet statute, NRS 486.231. Not wearing a helmet does not automatically show you caused the crash, but the insurance company may argue it affected the injury.
How much is a motorcycle accident case worth?
Case value depends on fault, injury severity, medical care, future treatment, work loss, long term limits, scarring, pain, and available insurance. No lawyer can honestly value a serious motorcycle case from the crash report alone.
What if the driver who hit me was uninsured?
Uninsured or underinsured motorist coverage may help if you bought it. This coverage is the part of your own policy that helps when the other driver has no insurance or too little. Other policies may also need review depending on ownership, employment, or household coverage.
Should I talk to the insurance company?
You should report the claim, but be careful with recorded statements and broad medical authorizations. A recorded statement can be used later to blame you or minimize your injuries. It is safer to understand the fault and medical issues first.
What should I do if I was injured in a motorcycle accident in Las Vegas?
Get medical care first, even if you feel alert, because adrenaline hides fractures and head injuries. Call 9-1-1 so there is a police report, photograph the vehicles, the road and your gear, get the driver's information and witness names, and see a doctor within a day or two. Do not give the driver's insurance company a recorded statement or sign a medical authorization before you understand your injuries. The eight steps above walk through each of these.
Is lane splitting legal in Nevada?
No. NRS 486.351 prohibits riding a motorcycle between vehicles in adjacent lanes, whether the vehicles are moving or stopped, and prohibits passing another vehicle within the same lane. Two motorcycles may ride two abreast in one lane with both riders' consent. A rider who was lane splitting when a crash happened will be blamed for it, but a driver who changed lanes without looking can still share the fault.
Does Nevada have a motorcycle helmet law?
Yes. Under NRS 486.231, every motorcycle rider and passenger must wear protective headgear that meets the Department of Motor Vehicles standards, securely fastened, on any public road, plus eye protection unless the motorcycle has an approved windscreen. There is no age or experience exception. A violation is a civil infraction.
Does my car insurance cover me on my motorcycle?
Usually not. A car policy typically excludes injuries you suffer while riding a motorcycle you own unless that motorcycle is listed on the policy, so the uninsured and underinsured motorist coverage that protects you as a rider is the coverage on the motorcycle's own policy. Check the bike's policy first, then any household policy, and report the crash to your own insurer as well as the driver's.
How long do I have to file a motorcycle accident claim in Nevada?
Most Nevada motorcycle accident injury lawsuits must be filed within two years of the crash. That deadline comes from Nevada's general injury filing deadline, NRS 11.190(4)(e). Evidence should be gathered and saved much sooner. See our Nevada injury filing deadlines page.
Gallagher & Lipshutz represents injured riders in Las Vegas, Henderson, North Las Vegas, Summerlin, and Clark County. For a free consultation, call (702) 381-3770 or contact Gallagher & Lipshutz. Motorcycle cases often involve unfair blame, so early evidence can make a real difference.
