Biking is not just a way of getting from point A to point B, it’s a way of life. Whether for commuting, exercise, or pure enjoyment, more individuals decide to bike as a means of transportation that is greener and healthier than cars. Yet even though cycling is beneficial, it can also be hazardous. Every year, thousands of cyclists get injured in accidents, the causes of which are often reckless drivers or perilous road conditions. So, what will you do if you get into a simple bike ride but end up in a court proceeding? Being aware of your rights as a cyclist will do the trick or not at all.
Understanding your rights as a cyclist allows you to use them in emergencies. More importantly, it provides you with legal protection that ensures fair treatment and compensation for injuries suffered from an accident.
Also, finding the right bike accident lawyer in Las Vegas can help you understand all your rights.
This guide will help you understand what rights you have as a cyclist in Las Vegas, Nevada. You will also learn about all the steps you should take after getting into an accident.
Understanding Cyclist Rights in Nevada
Legal Status of Cyclists
Some may say bicycling is just a hobby. To some extent, this is true, but this is the regular form of transport for others. However, in Nevada, bicycles are considered legal vehicles that people may use to travel. This means that cyclists have rights and responsibilities, and these are the same as those of other vehicle owners.
In other words, what this means is that bicycle owners or cyclists have the same rights when they are on the road, and they come under the same traffic rule protections as others.
Key Bicycle Laws in Nevada
Some of the key bicycle laws in the State of Nevada are as follows:
- Three-Foot Passing Law: This rule implies that motor vehicle owners like car owners, motorcycle owners, etc, must keep at least three feet of distance when driving past a cyclist.
- Right to Use the Full Lane: This rule states that cyclists in Nevada can take the full lane if it is necessary for their safety.
- Helmet Laws: Safety is always a priority! Cyclists are always strongly recommended to wear helmets when they are on the road. However, the law of Nevada does not require cyclists to wear helmets if they are over 18.
- Bicycle Lane Rules: the most important rule for cyclists to remember is the rule of using the Bicycle lane. This means that cyclists must only ride in that lane if a bike lane is available. However, they can switch lanes if the bike lane is unsafe.
- DUI Statutes for Bicycle Riders: DUI statutes for anyone in Nevada remain the same. This is to say that should a cyclist get caught drunk, he will receive the same charge as any other vehicle owner.
Immediate Steps to Take After a Bicycle Accident
Ensure Safety First
Safety is the first and foremost important thing. When you get into an accident, make sure everyone is safe. And once that is assured, call 911.
Call the Police and File a Report
Once you and the other person involved in the accident have confirmed that both of you are OK, call the police. It is always important to report any and all accidents in this regard.
Once you have the accident reported, make sure to ask for a copy of the police report. One of the reasons is that you may need it to file for an insurance claim.
Gather Evidence at the Scene
Gathering evidence from the scene of the accident is essential. What kind of evidence can that be? Any type of evidence from:
- Pictures of the accident scene
- Pictures of your injuries
- The damage to your vehicle
- The condition of the road
Another thing to make sure of is to collect the contact information from the driver. Also, take the name and contact details of any witnesses and other involved parties.
Seek Medical Attention
One thing that most people skip is an important visit to the doctor. Most people think they are completely fine because they called 911 and were cleared of no injuries!
However, this is wrong. The main reason behind this is that some injuries may take longer to appear, and these medical records, prescriptions, and treatment plans can help you with insurance claims.
Determining Liability and Filing a Claim
Who is Liable for a Bicycle Accident?
- Negligent Drivers: Carelessness is the first thing that is looked at in such cases. A motor vehicle owner may be held liable if they are found:
- Speeding
- Distracted
- If they fail to yield
- Poor Road Conditions: The local government might be guilty if a road is damaged or bumpy and an accident happens.
- Defective Bicycle or Parts: The manufacturer of the cycle needs to be fully liable for the accident in cases where the accident happens due to a fault in the bicycle, such as a part malfunctioning or something detaching.
Filing an Insurance Claim
- Driver’s Insurance: If a motorist is at fault, their auto insurance should cover damages.
- Your Insurance Policy: If the motorist doesn’t have enough or no insurance at all, your insurance (if you have one) might pay the bills.
- Personal Injury Claim: If you get badly hurt, you may want to go to court to get an additional amount of money as a reward.
Compensation Available for Injured Cyclists
Economic Damages
- Medical Expenses: One compensation that is common in all accidents is medical expense. This includes:
- Covers hospital visits
- Rehabilitation
- Medications
- future medical treatments
- Lost Wages: In certain conditions where a person loses the ability to work, compensation for lost wages is included. This compensation can be for missed work and reduced earning capacity.
- Bicycle Repair or Replacement: This compensation can help cover any damages to your bicycle and even get a necessary replacement.
Punitive Damages (If Applicable)
The punitive Damages are not actually a type of compensation. However, this is the additional money that a faulty part or driver pays as a punishment. This punishment is given to teach the faulty driver a lesson and educate them not to repeat their recklessness again.
How to Protect Your Rights After a Bicycle Accident
Do Not Admit Fault
It is important to bear in mind that one should be careful not to utter any statement that may imply that he or she is at fault when confronted with a road accident. The explanation for this is that if you say anything that means you are at fault, it can and will be used against you later.
This is why you should always stay quiet and only answer what is asked of you. Let the police and insurance providers decide who is at fault.
Consult a Bicycle Accident Lawyer
When you find yourself in such a situation as an accident, it is very important to consult a bicycle accident attorney in Las Vegas. The reason behind this is that a lawyer can help you:
- Gather evidence
- Negotiate with insurance companies
- File a lawsuit if necessary
A skilled attorney ensures you receive fair compensation for
- Medical bills
- Lost wages
- Emotional suffering
After reading this blog, you will be able to understand your rights as a cyclist in Nevada. In Nevada, cyclists have the same rights as any other motor vehicle owners. You will also understand how to react after you get into an accident.
You can learn about the dos and don’ts of getting into an accident. So, if you or anyone you know has gotten into a bicycle accident recently, then contact Micheal Hua Injury Firm for a free consultation!
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