A motorcycle accident lawsuit in Nevada generally moves through investigation, a filed complaint, discovery, possible arbitration or mediation, and settlement or trial. Nevada generally allows 2 years to sue for personal injury and 3 years for damage to personal property such as a motorcycle.
Many claims do not begin with a lawsuit. This guide explains when a suit may be needed, what each step involves, and how Nevada’s motorcycle laws can come up.
Key Takeaways
- A lawsuit may follow if an insurance claim does not resolve or a deadline is near.
- NRS 11.190 generally allows 2 years for injury and 3 years for personal property.
- For actions filed on or after January 1, 2026, many cases with $100,000 or less at issue per plaintiff go to nonbinding arbitration under NRS 38.250.
- A rider’s negligence can reduce a recovery or bar it under NRS 41.141.
- Filing suit does not mean a trial will happen.
When Does a Motorcycle Claim Become a Lawsuit?
A lawsuit may be filed when an insurer denies a claim, the parties cannot agree, more than one party disputes fault, or the deadline is approaching. Many claims resolve through a demand and negotiation first. See how settlements work in Nevada.
What Are the Steps in a Nevada Motorcycle Lawsuit?
- Investigation. Police reports, photos, video, witnesses, and the motorcycle are reviewed.
- Complaint. A complaint is filed and served on the defendants, who then respond.
- Discovery. The parties exchange documents and take depositions.
- Expert evidence. Crash reconstruction, medical, or economic experts may be used.
- Arbitration or mediation. Under NRS 38.250, for actions filed on or after January 1, 2026, district court cases arising in Nevada with $100,000 or less at issue per plaintiff, not counting attorney’s fees, interest, and court costs, generally go to nonbinding arbitration, with exclusions listed in NRS 38.255. The parties may also agree to mediate.
- Motions. The parties may ask the court to decide legal issues.
- Trial. If the case does not settle, a judge or jury decides disputed issues.
What Is Generally Proven?
A negligence claim generally requires a duty of care, a breach of that duty, legal causation, and damages. See the elements of negligence in Nevada. A traffic rule may be part of that proof. For example, NRS 484B.253 requires a driver turning left at an intersection to yield to an oncoming vehicle in the intersection or close enough to be an immediate hazard. After yielding and signaling as required, the driver may turn, and oncoming vehicles must then yield. See negligence per se in Nevada.
Which Nevada Motorcycle Laws Can Come Up?
| Rule | What it says | Source |
|---|---|---|
| Full use of lane | A motorcycle on the highway is entitled to full use of its lane | NRS 486.341 |
| Lane sharing | Driving between vehicles in adjacent lanes is prohibited, other than for on-duty police | NRS 486.351 |
| Riding abreast | Up to two motorcycles may ride abreast in one lane with the drivers’ consent | NRS 486.351 |
| Helmets | Drivers and passengers must wear protective headgear on a highway; the statute does not address civil recovery | NRS 486.231 |
| License | A motorcycle driver’s license is generally required | NRS 486.061 |
In Barnes v. Delta Lines, Inc., the Nevada Supreme Court said an unexcused violation of a safety statute that proximately causes injury is negligence per se, and that proximate cause is a jury question. That case involved a defendant, so a lawyer can explain how these rules may apply to a rider.
How Does Comparative Negligence Affect a Lawsuit?
Under NRS 41.141, a plaintiff’s comparative negligence does not bar recovery unless it is greater than the negligence of the defendant or defendants combined. Otherwise, damages are reduced by the plaintiff’s percentage of negligence. See comparative vs. contributory negligence.
What Damages Can Be Claimed?
Depending on the facts, a claim may include medical expenses, lost income, reduced earning capacity, damage to the motorcycle and gear, and pain and suffering. See economic damages for how financial losses are shown.
What Is the Deadline?
Under NRS 11.190(4)(e), Nevada generally allows 2 years to sue for personal injury. NRS 11.190(3)(c) generally allows 3 years for injury to personal property. Exceptions can apply, and claims involving a government entity have their own rules, including NRS 41.036.
Talk With a Nevada Motorcycle Accident Lawyer
Vaksman Khalfin, PC handles Nevada motorcycle accident claims and has an office in Las Vegas. A lawyer can review your situation and explain the options that may be available. Contact us or visit our Nevada motorcycle accident page to learn more.
General information, not legal advice. This page is provided for general informational purposes only and is not medical advice. No attorney-client relationship is formed by reading this page or contacting the firm. Prior results do not guarantee a similar outcome.
Reviewed by Robert B. Vaksman, Partner, Vaksman Khalfin, PC (admitted in Nevada). Last reviewed: 11/09/2026
Frequently Asked Questions
Nevada generally allows 2 years for personal injury under NRS 11.190(4)(e) and 3 years for injury to personal property under NRS 11.190(3)(c). Exceptions can apply.
No. Many claims resolve without a lawsuit. A suit may become necessary if the parties cannot agree or the deadline is approaching. A lawyer can explain your options.
No. NRS 486.351 prohibits driving a motorcycle between moving or stationary vehicles in adjacent lanes, other than for on-duty police. How that affects a claim depends on the facts of the crash.
Many civil cases settle, but some do not. For actions filed on or after January 1, 2026, many cases with $100,000 or less at issue per plaintiff go to nonbinding arbitration first under NRS 38.250.
