Ralph A. Schwartz, P.C.

Distracted bikers may cause motorcycle or motor vehicle crash

While traveling in groups is a favorite activity of motorcyclists in Nevada, a moment's loss of concentration or the slightest distraction by one of the riders can have devastating consequences. If one biker loses control, a chain reaction can cause a serious bike or motor vehicle crash. The Nevada Highway Patrol reported such a tragedy that recently occurred on U.S. 95.

In the late afternoon of a recent Sunday, the Highway Patrol responded to an accident scene near Searchlight. According to a crash report, a 38-year-old Las Vegas resident lost control of his Harley Davidson. The bike reportedly overturned, ejecting the rider who was then struck by another rider. She apparently tried to avoid the Harley rider, but she was also ejected when she applied brakes and lost control of her motorcycle.

Officers reported that the man was killed and declared dead at the accident scene while the female rider suffered serious injuries and she was airlifted to a medical center. A third motorcyclist also took evasive action and avoided the wreck, but she was also thrown from her bike. Her injuries were reportedly minor, and hospitalization was not required.

Any Nevada resident who has suffered injuries in a motorcycle or motor vehicle crash that resulted from the negligence of another party may pursue monetary relief for medical expenses and other financial and emotional damages. However, in a case such as this one in which both the bikers could be found at fault to some degree, the doctrine of contributory negligence may come in play. According to this law, liability will be apportioned according to the degree of fault, and recovery of damages is possible so long as the plaintiff's degree of fault is not more than that of the other tortfeasor. If one of the parties is killed in the crash, his or her estate may be named as a party to any civil litigation.

Source: lasvegassun.com, "Las Vegas man, 38, killed in 3-motorcycle crash on U.S. 95 near Searchlight", Pashtana Usufzy, Dec. 28, 2015

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