Las Vegas Motorcycle Accident Lawyer

Most people think it’s always the driver who hits the motorcycle that’s to blame. But it’s not always that clear. In many motorcycle accidents, more than one person or company may have played a role. Determining who is legally responsible requires a closer examination of how the crash occurred.

Possible At-Fault Parties

We investigate thoroughly to identify every party that may have played a role in what happened. Here are some of the parties that might be at fault in a motorcycle accident lawsuit.

Negligent Drivers

Car or truck drivers who fail to see motorcycles, change lanes without checking, or follow too closely often play a role in these crashes. If a driver acted carelessly or broke a traffic law, they may be legally responsible. Even if there was no direct impact between their vehicle and you, their actions may still be considered a contributing factor under Nevada law.

Employers of Commercial Drivers

When a motorcycle accident involves a delivery truck or company vehicle, the driver’s employer might also be responsible. Under Nevada law, companies may be held liable if they fail to properly train their drivers or impose unsafe work schedules. In Nevada, in some cases, employers may be named in lawsuits involving on-the-job drivers, depending on the circumstances.

Local or State Government Agencies

Government departments that manage roads also play a crucial role in ensuring safety. If a dangerous curve lacked warning signs or potholes were ignored, that may be a factor. It’s not always easy to sue a public agency, but it’s possible under Nevada law.

Parking Lot or Property Owners

When a crash happens in a business lot or on private property, the landowner may be responsible. Poor lighting, blind corners, or unsafe entry points can contribute to accidents. These conditions may contribute to liability depending on the circumstances and legal findings.

Motorcycle Mechanics or Shops

A faulty repair can put a rider at serious risk. If a mechanic didn’t install something correctly or overlooked a dangerous problem, that can become a key issue in the case. Repair shops may be liable if they fail to meet the applicable standard of care, depending on the facts of the case.

Construction Contractors or Road Crews

Loose gravel, uneven surfaces, or bad signage in construction zones can easily lead to motorcycle crashes. If a work zone wasn’t marked properly or the area was left unsafe, the crew in charge may be partly at fault.

If you’re considering filing a lawsuit after a motorcycle accident, it’s helpful to understand the laws that may apply. Below are some of the most important ones.

Disclaimer: These law summaries are not exhaustive and are provided for general understanding only. For legal advice or a full interpretation, please consult an attorney. Some of these laws may have pending updates. Always check with an attorney or the Nevada Legislature for the most current information.

Nevada Deadlines: Statute of Limitations

Nevada gives injured people a limited time to file a lawsuit after an accident. Under the state’s personal injury statute of limitations, you generally have two years from the date of the crash to take legal action. If that window closes, the court may dismiss your claim.

Comparative Negligence

Nevada uses a comparative negligence system when determining who is responsible. If you’re partly at fault, your compensation may be reduced. For example, if you’re 30% responsible and your damages are $20,000, you’d be eligible to recover $14,000. You can still recover as long as you’re not more than 50% at fault.

Licensing, Permits & Definitions

Motorcycle License Requirement – (NRS 486.061)

• Nevada law requires a motorcycle license, a motorcycle endorsement on a driver’s license, or a valid permit to drive a motorcycle on public roads.
• A trimobile can be legally driven with either a motorcycle license or a regular driver’s license.
• Out-of-state drivers aged 16 and up can drive motorcycles in Nevada if they are licensed in their own state.
• Provisions affecting autocycles are not yet in effect and will depend on a notice of readiness from the Nevada DMV.

Note: This law may have pending updates. Always check with an attorney or the Nevada Legislature for the most current information.

Motor Vehicle Definition – (NRS 483.090)

• A “motor vehicle” includes any self-propelled vehicle.
• It also includes vehicles powered by electricity from overhead trolley wires, as long as they are not on rails.
• The definition of motor vehicle includes mopeds.
• The term does not include electric bicycles or electric scooters as defined under a separate Nevada statute.

Motorcycle Definition – (NRS 482.070)

• A motorcycle is defined as any motor vehicle designed to operate on no more than three wheels in contact with the ground.
• This definition does not include electric bicycles, electric scooters, tractors, or mopeds as described elsewhere in Nevada law.
• A future version of the law also excludes autocycles from the definition of a motorcycle.

Note: This law may have pending updates. Always check with an attorney or the Nevada Legislature for the most current information.

Instruction and Temporary Driver’s Permits – (NRS 483.280)

• People age 15½ and older may apply for an instruction permit after passing written tests (but not the driving test). Permitted drivers can only drive with a licensed adult over age 21 in the front seat. This permit lasts 1 year and can be renewed.
• A restricted instruction permit may be issued to a student in a driver’s education program. This allows supervised practice in specific areas with an approved instructor.
  The DMV can issue temporary driving permits while it finishes reviewing a full license application.
• Teens under 18 and adults may apply for motorcycle instruction permits, valid for either 1 year (under 18) or 6 months (age 18+), depending on age. These permits do not allow passengers or the driver to ride on controlled-access highways and only allow riding between sunrise and sunset.
• Motorcycle instruction permits can be renewed once, unless the holder fails the driving test two or more times.
• Permit holders must carry the permit while driving and may be required to retake written tests to renew it.
• When the DMV implements the updated law, applicants will be provided information on Nevada’s Next‑of‑Kin Registry at the time they obtain a permit.

Note: This law may have pending updates. Always check with an attorney or the Nevada Legislature for the most current information.

Off-Highway Motorcycle Conversion Requirements – (Form VP-254)

• Only two-wheeled off-highway motorcycles originally made for off-road use are eligible for conversion to street use.
• The motorcycle cannot be a moped, ATV, dune buggy, side-by-side, electric bicycle, UTV, or any other excluded vehicle type.
• The bike must have a manufacturer’s label showing it was made for off-highway use.
• A licensed Nevada motorcycle dealer or certified repair shop must inspect the motorcycle and complete Part I of Form VP-254.
• If eligible, the DMV will conduct a VIN inspection and complete Part II. Bring all ownership paperwork and sign Part III at a full-service DMV.
• A new reconstructed Nevada title will be issued if the application is approved.
• VP-254 is not required if the motorcycle was previously converted using Form RD-64, unless ownership changes.
• Motorcycles converted in another state and never titled in Nevada must follow the full VP-254 process.

Note: This law may have pending updates. Always check with an attorney or the Nevada Legislature for the most current information.

Insurance & Registration

Vehicle Liability Insurance Requirements – (NRS 485.185)

• Anyone who owns a vehicle that is registered or must be registered in Nevada must keep continuous liability insurance while the vehicle is in the state.
• The insurance must come from a company licensed and approved to operate in Nevada.
• Coverage must include at least $25,000 for injury or death of one person in a crash.
• It must also cover at least $50,000 total for injury or death of two or more people in a crash.
• It must include at least $20,000 for damage to someone else’s property in a crash.
• Mopeds are not required to carry this insurance coverage.

Note: This law may have pending updates. Always check with an attorney or the Nevada Legislature for the most current information.

Motorcycle Registration Requirements – (DMV Motorcycle Requirements)

• Motorcycles and trimobiles must follow the same registration rules as other vehicles in Nevada.
• To register, you need a valid title or Dealer’s Report of Sale and proof of insurance that meets Nevada standards.
• Emissions and odometer checks are not required for motorcycles.
• There is an extra $6 added to motorcycle registrations to support motorcycle safety programs statewide.
• Registration fees and government service taxes are calculated the same way as for cars and trucks.

Note: This law may have pending updates. Always check with an attorney or the Nevada Legislature for the most current information.

Equipment & Safety Requirements

Motorcycle Helmet and Eye Protection Requirements – (NRS 486.231)

• Nevada law requires motorcycle and moped drivers and passengers to wear approved helmets and eye protection while riding on highways.
• Helmets must be worn with the straps fastened securely, and all forms of eye protection must comply with standards established by the Nevada Department of Motor Vehicles.
• If the motorcycle or moped has a clear windscreen that meets state standards, goggles or face shields aren’t required.
• Riders participating in a parade approved by local authorities are not required to wear helmets or eye protection.
• People riding inside an enclosed cab on a three-wheel vehicle (except trimobiles) are also exempt.
• Nevada has passed an exemption for autocycle drivers and passengers, but at the time of writing this page, it is not yet in effect.

Note: This law may have pending updates. Always check with an attorney or the Nevada Legislature for the most current information.

Motorcycle Headlamp Requirements – (NRS 486.281)

• All motorcycles and mopeds must have at least one headlamp, but no more than two.
• Each headlamp must be positioned between 24 and 54 inches from the ground, measured from the center of the lamp to the ground when the motorcycle is upright and not carrying a load.
• High-intensity discharge (HID) lamps are allowed if their color temperature falls between 5,000 and 6,000 kelvins.
• These HID lamp rules do not apply where federal law overrides them.
• The term “high-intensity discharge lamp” is defined by federal regulation at 10 C.F.R. § 431.282.

Vehicle Horn and Warning Device Requirements – (NRS 484D.400)

• Every vehicle operated on a highway must have a horn that works and is audible from at least 200 feet, without being excessively loud, harsh, or whistling.
• Drivers must use the horn only when necessary for safe operation and should not use it otherwise while on a highway.
• Vehicles cannot have or use sirens, bells, or whistles unless an exception applies under this law.
• Theft alarms are allowed if they cannot be used as a substitute for a horn.
• Authorized emergency vehicles may use loud warning devices when actively responding to emergencies or chasing suspects, and may activate only the warning lights if needed.
• When emergency vehicles use lights without the siren, it is still considered a proper warning for safety under Nevada law.

Rear Reflector Requirements for Motorcycles and Mopeds – (NRS 486.291)

• Motorcycles and mopeds must have at least one reflector mounted on the back.
• The reflector must be placed between 20 and 60 inches off the ground, measured from its center to the ground.
• It must be large and bright enough to be seen at night from up to 300 feet away when illuminated by standard low-beam headlights.

Brake Requirements for Motorcycles and Mopeds – (NRS 486.301)

• All motorcycles and mopeds must have working brakes.
• The brakes must be capable of stopping and holding the vehicle as outlined in Nevada laws NRS 484D.250 and NRS 484D.255.

Mirror Requirements for Motorcycles and Mopeds – (NRS 486.311)

• All motorcycles and mopeds must have two mirrors.
• Each mirror must have a reflective surface at least 3 inches wide.
• Mirrors must be placed on both handlebars so the rider can see the road at least 200 feet behind.

Fender Requirements for Motorcycles and Mopeds – (NRS 486.221)

• All motorcycles and mopeds must have fenders covering the wheels during operation.
• Fenders are required to stop the rearward projection of substances such as rocks, mud, or water from the tires.

Handlebar Height Restrictions – (NRS 486.201)

• Motorcycles and mopeds cannot have handlebars that rise more than 6 inches above the rider’s shoulders.
• The height is measured while the rider is seated and the seat is compressed by their body weight.

Statewide Motorcycle & Moped Rules – (NRS 486.180)

• The rules for operating and equipping motorcycles and mopeds in Nevada are consistent across the entire state.
• Local governments are not allowed to pass laws that conflict with the state’s motorcycle or moped regulations found in NRS 486.180 through 486.361.

Riding Behavior & Traffic Laws

Rights and Duties of Motorcycle and Moped Drivers – (NRS 486.331)

• Motorcyclists and moped riders have the same legal rights as other drivers on Nevada highways.
• They must also follow all traffic laws that apply to drivers of regular motor vehicles.
• Exceptions apply only to traffic laws that, by their nature, cannot be applied to motorcycles or mopeds.

Right to Full Use of Traffic Lane – (NRS 486.341)

• Motorcycles and mopeds are legally entitled to use the entire lane they are driving in.
• Drivers of other vehicles may not drive in a way that interferes with a motorcycle or moped’s full use of its lane.

Position of Driver’s Hands – (NRS 486.211)

• Motorcycle and moped riders must always keep at least one hand on the handlebars while driving.

Unlawful Passing and Lane Use – (NRS 486.351)

• Motorcyclists and moped riders cannot ride between vehicles in adjacent traffic lanes, whether the vehicles are moving or stopped.
• Drivers are not allowed to pass or ride side-by-side with another vehicle within the same traffic lane, unless allowed by law.
• Two motorcycles or mopeds may ride side-by-side in the same lane, but only if both drivers agree.
• Moped riders must stay in the far right lane when there are two or more lanes in the same direction, unless they are turning left, following police instructions, or it would be unsafe to do so.
• Moped riders may move into the left lane to prepare for a left turn, but only within a quarter mile of the turn.

Driver’s License to Be Surrendered on Demand – (NRS 486.361)

• Anyone operating a motorcycle must hand over their motorcycle driver’s license to a police officer or court when asked.

Driving Under the Influence (DUI) Laws – (NRS 484C.110)

• It is illegal to drive or be in physical control of a vehicle if you are under the influence of alcohol, have a blood or breath alcohol concentration (BAC) of 0.08 or higher, or if you are found within two hours of driving with that concentration level.
• Driving under the influence of drugs, or a combination of alcohol and drugs, or using chemicals or substances that impair safe driving, is also prohibited, even if the substance is legally prescribed.
• The law sets specific minimum amounts of certain drugs that make it illegal to drive, whether found in blood or urine (e.g., cocaine, heroin, LSD, methamphetamine).
• Separate limits apply to marijuana: 2 nanograms/mL for THC and 5 nanograms/mL for the marijuana metabolite in the blood.
• A person may use as a legal defense that they consumed alcohol only after driving and that the later alcohol test result was caused by that post-driving consumption, if proper notice is given before trial.
• Additional penalties may apply if the offense occurs in a work zone or pedestrian safety zone.

Passengers & Operator Positioning

Carrying Passengers on Motorcycles or Mopeds – (NRS 486.181)

• Only motorcycles or mopeds built to carry more than one person are allowed to do so on a highway.
• Passengers may sit directly behind the driver on a shared seat, on a second seat attached behind the driver, or in a sidecar.
• Any motorcycle or moped that is built to carry a passenger must have footrests properly fitted for the passenger.

Driver’s Position While Operating – (NRS 486.191)

• A motorcycle or moped driver must sit only on the permanent seat that is attached to the vehicle.
• It is illegal to operate a motorcycle or moped if the seat is set so high that the driver cannot place both feet flat on the ground while sitting and stopped.

Motorcycle crashes are often sudden and serious. Taking the right steps immediately after a crash can help protect your safety and preserve important details that may affect your legal options later.

1. Ensure Your Immediate Safety

Get Out of the Road
If you’re able to move, carefully get yourself and your bike out of traffic. Stay away from fast-moving lanes like those on Las Vegas Boulevard or I-15.

Turn On Emergency Lights or Signal for Help
If your bike or gear has hazard lights, use them. Otherwise, wave down other drivers or passersby to alert them.

Don’t Remove Protective Gear Unless Necessary
Only take off your helmet or gloves if you need to breathe or stop bleeding. Head or neck injuries may not be obvious right away.

2. Call for Help and Seek Medical Attention

Call 911 or Ask a Bystander To
Report your location, how many are injured, and whether traffic is blocked. Police will often respond to motorcycle crashes.

Visit a Hospital Right Away
Motorcycle crashes can cause injuries like road rash, broken bones, or head trauma. In Las Vegas, hospitals like Sunrise or UMC can provide trauma care.

3. Document the Scene

Take Photos Right Away
Capture damage to your motorcycle, the other vehicle, skid marks, and your injuries. Include the surrounding area, traffic signs, and weather conditions.

Write Down What You Remember
Note the time, direction you were traveling, and anything unusual. Do this as soon as possible while your memory is still fresh.

Keep Damaged Gear
Don’t throw away your helmet, jacket, or boots; they might be useful later.

4. Exchange or Collect Information

Gather Driver Info
Request the names, phone numbers, license plate numbers, and insurance details from all drivers involved.

Look for Witnesses
Witnesses can strengthen your case. Ask bystanders or nearby drivers for their names and contact information. Their account could help later.

5. Talk to a Lawyer Before Insurance or Legal Action

Hold Off on Recorded Statements
You don’t have to speak to insurance companies right away. You’re allowed to get help understanding what to say.

Avoid Posting About the Crash
Photos or online updates can be misinterpreted. It’s best to keep things private until you have more information.

Pedestrian accidents often result in severe injuries due to the lack of protection for those on foot. Common types of pedestrian injuries include:

Spinal Cord Injuries

Spinal cord injuries can lead to partial or total paralysis. Injuries like these might need lifelong medical care and treatment. Victims often experience significant lifestyle changes and a loss of independence.

Traumatic Brain Injuries (TBIs)

TBIs range from mild concussions to severe brain damage. Symptoms include headaches, memory loss, and cognitive difficulties. These injuries often need major medical treatment and recovery.

Broken Bones

It can be fractures of the leg, arm, ribs, pelvis, etc. These are all common injuries suffered by pedestrians who are hit by cars. The treatment processes for such fractures often include operation, casting, and physical therapy.

Internal Injuries

Some internal injuries may not show obvious symptoms. Some examples are damage to internal organs or internal bleeding. Although there are limited signs, a person can still be at risk of losing their life.

Motorcycle crashes are a persistent problem on the roads of Las Vegas. With a mix of fast traffic, distracted drivers, and sometimes unpredictable road conditions, riders face risks almost every time they get on the road.

Driver Negligence or Failure to Yield

Many motorcycle collisions in Nevada happen because drivers of other vehicles fail to yield when they should. According to the Hurt Report, other drivers were responsible for violating the right-of-way in about two-thirds of multi-vehicle motorcycle crashes. More recently, NHTSA data found that failing to yield is one of the most common causes of motorcycle-related accidents in the United States.

Speeding

High speed is a major factor in deadly motorcycle wrecks. The NHTSA reported that in 2022, speeding was a factor in 35% of fatal motorcycle accidents. Among young riders ages 21 to 24, that number jumped to 51%, the highest of any age group.

Alcohol-Impaired Riding

Too often, alcohol is involved in deadly motorcycle wrecks. In 2022, 1,705 of the 5,934 motorcycle riders killed, 29%, had a blood alcohol concentration (BAC) of 0.08 or higher. NHTSA also reported that 28% of motorcyclists involved in fatal crashes were alcohol-impaired, the highest rate among all driver types.

Distracted Driving

Phones, passengers, and other distractions can put motorcyclists at serious risk. A Social Science & Medicine study found that motorcyclists are especially vulnerable to crashes caused by distracted drivers due to visibility issues and lack of vehicle protection. According to NHTSA, 12% of motorcyclists involved in fatal crashes in 2010 were reported as distracted at the time of the collision.

Single-Vehicle Crashes

Not all motorcycle crashes involve other vehicles. In 2023, 35% of motorcyclist deaths nationwide occurred in single-vehicle crashes, according to the Insurance Institute for Highway Safety (IIHS). These incidents often involve riders losing control on sharp turns, overcorrecting, or encountering road hazards like gravel or uneven pavement.

Weather & Road Conditions

Las Vegas roads aren’t always rider-friendly. In one detailed crash study, poor roadway conditions, like puddles, potholes, or ice, were identified as the critical cause in 28 motorcycle crashes. While rare, these hazards can be especially dangerous for two-wheeled vehicles with less traction and stability.

When you’re dealing with the aftermath of a motorcycle accident, it helps to have trusted resources at your fingertips. Below are guides, safety programs, and legal tools available to Nevada residents.

Come see us, we are located at: 

7785 W Sahara Ave Suite 100, Las Vegas, NV 89117