Nevada
Motorcycle Accident Laws in Nevada (2026): Deadlines
Independently fact-checked against primary sources (last audited August 18, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 18, 2026. · 5 primary sources cited on this page. How we verify our legal content

A motorcycle crash in Nevada is handled as a personal injury claim, but riders face a distinct set of questions: the deadline to sue, the state fault rule, the helmet law, whether failing to wear a helmet can be used against you, and whether lane splitting is allowed. Nevada has one of the shorter filing deadlines in the country and a universal helmet law, so getting the basics right matters. This guide explains how Nevada answers each question. It is general legal information and attorney advertising, not legal advice, and reading it does not create an attorney-client relationship.
The deadline to sue in Nevada is two years
The statute of limitations is the legal deadline to file a lawsuit. In Nevada, a personal injury claim, including one from a motorcycle crash, generally must be filed within two years of the crash under Nevada Revised Statutes 11.190(4)(e). A wrongful death claim, brought when a rider is killed, also carries a two-year deadline, running from the date of death rather than the date of the crash. Two years is a relatively short window, so the deadline should be confirmed quickly. Nevada does not add a shorter notice deadline when the defendant is a government entity: under Nevada Revised Statutes 41.036 a tort claim against the State is filed with the Attorney General, and a claim against a city, county, or other political subdivision is filed with that entity's governing body, in each case within the same two years after the claim accrues, and subsection 3 provides that filing the claim is not a condition precedent to bringing suit under NRS 41.031. A court will normally dismiss a late case no matter how strong it is.
Fault rule: modified comparative negligence with a 51 percent bar
Nevada follows modified comparative negligence under Nevada Revised Statutes 41.141. A jury assigns each party a percentage of fault. The injured rider can recover as long as the rider's negligence was not greater than the negligence of the defendant or the combined defendants; recovery is then reduced by the rider's own percentage. If the rider's fault is greater than the defense side's, the rider recovers nothing. In practice this is a 51 percent bar: a rider found exactly 50 percent at fault can still recover half, but a rider found 51 percent or more at fault recovers zero. A rider found 20 percent at fault with 100,000 dollars in damages would recover 80,000 dollars.
This rule matters for riders because insurers sometimes try to push a motorcyclist's fault over the 50 percent line, leaning on a bias that riders are reckless. Clear documentation that the rider was riding lawfully is one way that pressure is met.
No-fault and PIP: Nevada is an at-fault state
Nevada is not a no-fault state. It has no Personal Injury Protection (PIP) requirement, so there is no no-fault threshold to clear before suing. After a crash, an injured rider pursues the at-fault driver and that driver's liability insurer, and recovery runs through fault. Insurers in Nevada must offer medical payments coverage, and uninsured or underinsured motorist coverage can be important when the at-fault driver carries only minimum limits. Because motorcycle injuries are frequently severe, the at-fault driver's policy limits and the rider's own coverage often shape what is realistically recoverable.

Helmet law: required for everyone
Nevada is a universal-helmet state. Under Nevada Revised Statutes 486.231, when a motorcycle or moped is driven on a highway, both the driver and any passenger must wear protective headgear securely fastened on the head, and they must also wear protective glasses, goggles, or a face shield meeting the state standard unless the motorcycle is equipped with a windscreen. The helmet and eye-protection rules apply to all ages, with no adult exemption. Riding without a required helmet in Nevada is a traffic violation.
Can not wearing a helmet hurt your case (the helmet defense)
Because a helmet is legally required for every rider in Nevada, riding without one is a violation, and a defendant may point to it under the comparative fault system to argue that a missing helmet worsened head or brain injuries. Even so, the lack of a helmet does not by itself prove the rider caused the crash, and the at-fault driver remains responsible for causing the collision. If a helmet argument is allowed, it reaches only injuries a helmet could have affected; injuries such as broken bones, spinal injuries, or road rash on the body are not reduced by it, and the defense carries the burden of tying specific added injuries to the absence of a helmet. The practical point is that, in Nevada, not wearing a required helmet can both expose the rider to a citation and become a real issue in the damages fight.
Lane splitting is illegal in Nevada
Nevada does not permit lane splitting or lane filtering. Under Nevada Revised Statutes 486.351, a person may not drive a motorcycle or moped between moving or stationary vehicles occupying adjacent traffic lanes, and may not pass another vehicle within the same lane. Motorcycles may ride no more than two abreast in a single lane with the riders' consent, but threading between cars is prohibited. Advocates pressed Nevada lawmakers again in 2026 to allow low-speed lane filtering, following neighboring states such as Utah and Arizona, but as of mid-2026 no such bill had become law, so riding between lanes remained a violation. A rider who was lane splitting at the time of a crash should expect that conduct to be raised on the question of fault.

Damage caps and minimum insurance
Nevada does not cap compensatory damages such as medical bills, lost wages, and pain and suffering in an ordinary motorcycle injury case. One real cap does apply when the defendant is a government entity or a public employee acting within the scope of their duties: Nevada Revised Statutes 41.035 limits the award in such a tort action to 200,000 dollars per claimant, exclusive of interest from the date of judgment, and bars any exemplary or punitive damages. Punitive damages, which apply only in cases of oppression, fraud, or malice and not ordinary negligence, are separately limited by Nevada statute, but that category rarely applies to a routine crash. On insurance, Nevada requires minimum liability coverage of 25,000 dollars per person and 50,000 dollars per accident for bodily injury, plus 20,000 dollars for property damage (25/50/20), and motorcycles must be registered and insured like cars. Those minimums are often far below the cost of a serious motorcycle injury, which is why a rider's own underinsured-motorist coverage matters.
Why motorcycle cases are different
Motorcycle crashes tend to cause more serious injuries than car crashes because a rider has so little protection, which means higher medical bills and a more aggressive insurance defense. Riders also face the helmet and lane-splitting questions above, plus a documented bias against motorcyclists among some jurors and adjusters. The classic crash is a car turning left across an oncoming motorcycle, with the driver claiming they never saw the bike. All of this is why physical evidence and a clear record of the rider's lawful conduct carry real weight, especially with Nevada's short two-year deadline running.
Evidence and how to evaluate your options
If you or a family member was hurt in a Nevada motorcycle crash, get medical care and keep the records, obtain the crash report, and photograph the scene, the bike, and your gear. Note the other driver's information and any witnesses. With the two-year deadline running from the crash, see a Nevada motorcycle accident lawyer for a free claim review before that evidence fades (attorney advertising). Many motorcycle accident attorneys offer a free consultation and work on a contingency basis, meaning no upfront fee and payment only out of any recovery. No outcome or amount can be promised; every case turns on its own facts. This article is general information, not legal advice.

Frequently Asked Questions
What is the deadline to sue after a motorcycle accident in Nevada?
Two years. NRS 11.190(4)(e) gives an injured rider two years from the date of the crash to file a personal injury lawsuit, and a wrongful death claim has a two-year deadline running from the date of death. Nevada does not add a shorter notice deadline for claims against a government entity: NRS 41.036 allows two years to file the tort claim with the Attorney General or with the political subdivision's governing body, and states that filing that claim is not a condition precedent to suing. Confirm your own deadline quickly and with an attorney.
Is failing to wear a helmet going to hurt my case in Nevada?
It can. Nevada requires every rider and passenger to wear a helmet under NRS 486.231, so riding without one is a violation and a defendant may argue under comparative fault that a missing helmet worsened head injuries. The lack of a helmet does not prove you caused the crash, and the defense must tie specific added injuries to the missing helmet, but in a universal-helmet state this is a real issue.
Is lane splitting legal in Nevada?
No. NRS 486.351 prohibits driving a motorcycle between moving or stationary vehicles in adjacent lanes and bars passing in the same lane. Both lane splitting and lane filtering are illegal in Nevada; a 2026 effort to legalize low-speed filtering had not become law. A rider who was doing so at the time of a crash should expect it to be raised on the question of fault.
How much is a motorcycle accident case worth?
There is no set figure. Value depends on the injuries, the evidence, your share of fault under Nevada's 51 percent bar, and the available insurance, and no one can promise an amount. Motorcycle injuries are often severe, which can mean larger claims, but every case turns on its own facts.
Updates
Corrected the Nevada government-claim rule: there is no shorter notice deadline for claims against a public entity, and the page now states the NRS 41.036 two-year tort-claim filing rule and the NRS 41.035 200,000 dollar public-entity damages cap, and no longer describes the punitive-damages cap as a multiple of the compensatory award.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Nevada Revised Statutes, Chapter 041: ACTIONS AND PROCEEDINGS IN PARTICULAR CASES CONCERNING PERSONS
§ 41.141When comparative negligence not bar to recovery; jury instructions; liability of multiple defendants.In forcecited in 7 of our articles
1. In any action to recover damages for death or injury to persons or for injury to property in which comparative negligence is asserted as a defense, the comparative negligence of the plaintiff or the plaintiff’s decedent does not bar a recovery if that negligence was not greater than the negligence or gross negligence of the parties to the action against whom recovery is sought. 2. In those cases, the judge shall instruct the jury that: (a) The plaintiff may not recover if the plaintiff’s comparative negligence or that of the plaintiff’s decedent is greater than the negligence of the defendant or the combined negligence of multiple defendants. (b) If the jury determines the plaintiff is entitled to recover, it shall return: (1) By general verdict the total amount of damages the plaintiff would be entitled to recover without regard to the plaintiff’s comparative negligence; and (2) A special verdict indicating the percentage of negligence attributable to each party remaining in the action.
Official text (excerpt) · last checked 2026-09-08 · Read the full text in our law library · Verify at leg.state.nv.us
Cited in 64 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Ges, Inc. v. Corbitt (Nevada Supreme Court 2001, 117 Nev. 265)“…ng it jointly and severally liable with Powerline/VIP under NRS 41.141(5)(d), which permits such liability for…”
- State v. State Farm Mutual Automobile Insurance (Nevada Supreme Court 2000, 1 Nev. 290)“…but was, in fact, in conflict with NRS 687B.385 as well as NRS 41.141, the Nevada comparative negligence stat…”
- Davies v. Butler (Nevada Supreme Court 1979, 95 Nev. 763)“…hat with the passage of the comparative negligence statute, NRS 41.141, [3] the legislature intended that hen…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Nevada Dog Bite Laws: Liability and Victim Rights, Nevada Car Accident Laws: Fault, Insurance, and Your Claim, Medical Malpractice Laws in Nevada (2026): Deadlines & Caps
§ 41.031Waiver applies to State and its political subdivisions; naming State as defendant; service of process; State does not waive immunity conferred by Eleventh Amendment.In forcecited in 5 of our articles
1. The State of Nevada hereby waives its immunity from liability and action and hereby consents to have its liability determined in accordance with the same rules of law as are applied to civil actions against natural persons and corporations, except as otherwise provided in NRS 41.032 to 41.038, inclusive, 485.318, subsection 3 and any statute which expressly provides for governmental immunity, if the claimant complies with the limitations of NRS 41.010 or the limitations of NRS 41.032 to 41.036, inclusive. The State of Nevada further waives the immunity from liability and action of all political subdivisions of the State, and their liability must be determined in the same manner, except as otherwise provided in NRS 41.032 to 41.038, inclusive, subsection 3 and any statute which expressly provides for governmental immunity, if the claimant complies with the limitations of NRS 41.032 to 41.036, inclusive.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at leg.state.nv.us
Cited in 275 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Turner v. Staggs (Nevada Supreme Court 1973, 89 Nev. 230)“…claim pursuant to NRS 244.245 and NRS 244.250. 3 See also, NRS 41.031 and NRS 41.036. On August 25, 1971, the…”
- Martinez v. Maruszczak (Nevada Supreme Court 2007, 123 Nev. 433)“…lity and waiver of immunity by a sovereign [as reflected in NRS 41.031(1)]. The governmental-proprietary test…”
- Falline v. GNLV CORP. (Nevada Supreme Court 1991, 107 Nev. 1004)“…as provided in NRS 278.0233 no action may be brought under NRS 41.031 or against an immune contractor or an o…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Nevada Slip and Fall Laws: Proving Premises Liability After Foster v. Costco, Nevada Statute of Limitations: Filing Deadlines by Case Type
§ 41.035Limitation on award for damages in tort actions.In forcecited in 4 of our articles
1. An award for damages in an action sounding in tort brought under NRS 41.031 or against a present or former officer or employee of the State or any political subdivision, immune contractor or State Legislator arising out of an act or omission within the scope of the person’s public duties or employment may not exceed the sum of $200,000, exclusive of interest computed from the date of judgment, to or for the benefit of any claimant. An award may not include any amount as exemplary or punitive damages. 2. The limitations of subsection 1 upon the amount and nature of damages which may be awarded apply also to any action sounding in tort and arising from any recreational activity or recreational use of land or water which is brought against: (a) Any public or quasi-municipal corporation organized under the laws of this State. (b) Any person with respect to any land or water leased or otherwise made available by that person to any public agency. (c) Any Indian tribe, band or community whether or not a fee is charged for such activity or use.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at leg.state.nv.us
Cited in 55 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Martinez v. Maruszczak (Nevada Supreme Court 2007, 123 Nev. 433)“…damages related to Mr. Maruszczak’s death is “capped” under NRS 41.035(1) at $50,000. In response, the…”
- Falline v. GNLV CORP. (Nevada Supreme Court 1991, 107 Nev. 1004)“…of Rush indicates that the holding was predicated on NRS 41.035. 2 Clearly, the immunity offered by NR…”
- State v. Silva (Nevada Supreme Court 1970, 86 Nev. 911)“…ed the statutory damage limit of $25,000 for each claimant [NRS 41.035(1)] unconstitutional upon the ground th…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Nevada Punitive Damages Laws: Cap, Proof and Exceptions (2026)
§ 41.036Filing tort claim against State with Attorney General; filing tort claim against political subdivision with governing body; review and investigation by Attorney General of tort claim against State; regulations by State Board of Examiners.In forcecited in 6 of our articles
1. Each person who has a claim against the State or any of its agencies arising out of a tort must file the claim within 2 years after the time the cause of action accrues with the Attorney General. 2. Each person who has a claim against any political subdivision of the State arising out of a tort must file the claim within 2 years after the time the cause of action accrues with the governing body of that political subdivision. 3. The filing of a claim in tort against the State or a political subdivision as required by subsections 1 and 2 is not a condition precedent to bringing an action pursuant to NRS 41.031. 4. The Attorney General shall, if authorized by regulations adopted by the State Board of Examiners pursuant to subsection 6, approve, settle or deny each claim that is: (a) Filed pursuant to subsection 1; and (b) Not required to be passed upon by the Legislature. 5. If the Attorney General is not authorized to approve, settle or deny a claim filed pursuant to subsection 1, the Attorney General shall investigate the claim and submit a report of findings to the State Board of Examiners concerning that claim.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at leg.state.nv.us
Cited in 27 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Turner v. Staggs (Nevada Supreme Court 1973, 89 Nev. 230)“…erson could bring. It is so mentioned in Nevada’s statutes, NRS 41.036(3) 3 and NRS 11.190(5) (b). 4 In Wi…”
- Williams v. Clark County District Attorney (Nevada Supreme Court 2002, 118 Nev. 473)“…t claims against the state to be brought within six months (NRS 41.036). More importantly, however, we overrul…”
- Rogers v. State (Nevada Supreme Court 1969, 85 Nev. 361)“…The state insists that the phrase “within 6 months” used in NRS 41.036(2) should be construed to require filin…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Nevada Wrongful Death Laws (2026): Deadlines
Nevada Revised Statutes, Chapter 486: MOTORCYCLES AND SIMILAR VEHICLES
§ 486.351Unlawful passing; driving abreast; prohibition on driving in extreme left lane; exceptions.In forcecited in 2 of our articles
1. A person, except a police officer in the performance of his or her duty, shall not drive a motorcycle or moped between moving or stationary vehicles occupying adjacent traffic lanes. 2. Except as provided in subsection 3, a person shall not drive a motorcycle, moped or trimobile abreast of or overtake or pass another vehicle within the same traffic lane. 3. Motorcycles and mopeds may, with the consent of the drivers, be operated no more than two abreast in a single traffic lane. 4. A person, except a police officer in the performance of his or her duty, driving a moped shall, except: (a) When preparing to turn left as provided in subsection 5; (b) When doing so would not be safe; or (c) In compliance with the directions of a police officer, Ê drive in the extreme right-hand lane if the highway has two or more clearly marked lanes for traffic traveling in the same direction in which the driver is traveling. 5. A person driving a moped as required pursuant to subsection 4 who is preparing to turn left may enter the lane from which the left turn will be made not more than one-quarter of a mile from where the left turn will be made.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at leg.state.nv.us
Also relied on in: Is Lane Splitting Legal in Nevada? (2026 Motorcycle Law)
§ 486.231Protective headgear, glasses, goggles or face shields; Department required to adopt standards; when use required; exceptions. [Effective until the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the amendatory provisions of chapter 233, Statutes of Nevada 2023, at page 1468In force
, which relate to autocycles.] 1. The Department shall adopt standards for protective headgear and protective glasses, goggles or face shields to be worn by the drivers and passengers of motorcycles and transparent windscreens for motorcycles. 2. Except as otherwise provided in this section, when any motorcycle or moped is being driven on a highway, the driver and passenger shall wear protective headgear securely fastened on the head and protective glasses, goggles or face shields meeting those standards. 3. When a motorcycle or a moped is equipped with a transparent windscreen meeting those standards, the driver and passenger are not required to wear glasses, goggles or face shields. 4. When a motorcycle or moped is being driven in a parade authorized by a local authority, the driver and passenger are not required to wear the protective devices provided for in this section. 5. When a three-wheel vehicle, except a trimobile, on which the driver and passengers ride within an enclosed cab is being driven on a highway, the driver and passengers are not required to wear the protective devices required by this section.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at leg.state.nv.us
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2013
Opinions citing this section in our collection:
- State of Nevada v. Eighth Judicial District Court (Nevada Supreme Court 1985, 101 Nev. 658)“…s an order of the district court declaring unconstitutional NRS 486.231, Nevada’s mandatory helmet law. NRS 486…”
- Stilwell v. City of North Las Vegas (Nevada Supreme Court 2013, 129 Nev. 720)“…motorcycle without wearing proper headgear in violation of NRS 486.231, a misdemeanor. He appealed his convict…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Nevada Revised Statutes, Chapter 011: LIMITATION OF ACTIONS
§ 11.190Periods of limitation.In forcecited in 13 of our articles
Except as otherwise provided in NRS 40.4639, 125B.050 and 217.007, actions other than those for the recovery of real property, unless further limited by specific statute, may only be commenced as follows: 1. Within 6 years: (a) Except as otherwise provided in NRS 62B.420 and 176.275, an action upon a judgment or decree of any court of the United States, or of any state or territory within the United States, or the renewal thereof. (b) An action upon a contract, obligation or liability founded upon an instrument in writing, except those mentioned in the preceding sections of this chapter. 2. Within 4 years: (a) An action on an open account for goods, wares and merchandise sold and delivered. (b) An action for any article charged on an account in a store. (c) An action upon a contract, obligation or liability not founded upon an instrument in writing.
Official text (excerpt) · last checked 2026-09-08 · Read the full text in our law library · Verify at leg.state.nv.us
Cited in 553 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Edwards v. Emperor's Garden Restaurant (Nevada Supreme Court 2006, 122 Nev. 317)“…44483, the district court dismissed Edwards’ action under NRS 11.190(4)(b), which requires a party to commen…”
- Petersen v. Bruen (Nevada Supreme Court 1990, 106 Nev. 271)“…the statute of limitations to the facts of Petersen's case. NRS 11.190(4)(e) expressly declares that civil act…”
- Leven v. Frey (Nevada Supreme Court 2007, 123 Nev. 399)“…ent or its renewal must be commenced within six years under NRS 11.190(1)(a); thus a judgment expires by limit…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Nevada Recording Laws (2026): All-Party for Calls, One-Party in Person, Debt Collection Laws by State: Garnishment, SOL, and Repossession Rules, Nevada Debt Collection Laws: The Two-Tier Garnishment Cap, Bank Protections, and Repo Rules
Sources and References
- Nevada Revised Statutes 11.190 (two-year limitation for personal injury and wrongful death), official Nevada Legislature(leg.state.nv.us).gov
- Nevada Revised Statutes 41.141 (comparative negligence; recovery barred when plaintiff's fault is greater than the defendant's), official Nevada Legislature(leg.state.nv.us).gov
- Nevada Revised Statutes 486.231 (protective headgear required for operator and passenger) and 486.351 (no driving a motorcycle between lanes of traffic), official Nevada Legislature(leg.state.nv.us).gov
- Nevada Department of Motor Vehicles, liability insurance requirements (25/50/20)(dmv.nv.gov).gov
- Nevada Division of Insurance, automobile insurance overview (Nevada is an at-fault state; PIP not required)(doi.nv.gov).gov
- Nevada Revised Statutes 41.036 (tort claim against the State or a political subdivision filed within two years; filing is not a condition precedent to suit), official Nevada Legislature(leg.state.nv.us)
- Nevada Revised Statutes 41.035 (200,000 dollar limit on tort awards against public entities and employees; no exemplary or punitive damages), official Nevada Legislature(leg.state.nv.us)
Paid attorney referral. RecordingLaw may receive compensation when you use an attorney-help link. RecordingLaw is not a law firm. Submitting a request does not guarantee that an attorney will accept your case and does not create an attorney-client relationship.