Arkansas law only requires motorcycle riders under 21 to wear helmets. While it’s legal for adults not to wear a helmet, it can affect your motorcycle accident injury claim. Insurance companies might argue that your injuries were worsened by the lack of protective gear, even in cases where the other driver was entirely at fault.
This is where having an experienced motorcycle accident attorney becomes essential. They can counter these claims and fight for fair compensation, especially in motorcycle injury cases involving traumatic brain injuries or other severe injuries.
Statute of Limitations
Arkansas allows motorcycle accident victims three years from the date of the motorcycle accident to file a personal injury claim. Missing this deadline means you may permanently lose your right to seek compensation, regardless of the severity of your injuries or the strength of your case.
Working with trusted motorcycle injury lawyers ensures you meet all legal deadlines and requirements. A reputable law firm will handle every aspect of your case, from collecting evidence to negotiating with insurance companies.
Types of Injuries in Motorcycle Accidents
Common Motorcycle Accident Injuries
Motorcycle riders are extremely vulnerable in traffic collisions. Without the structural protection of a car, even minor motorcycle accidents can lead to significant harm. Some of the most common motorcycle accident injuries include:
- Fractures and Broken Bones: Arms, legs, ribs, and collarbones are especially prone to breaking in a motorcycle crash.
- Road Rash: Caused by the skin scraping across pavement, road rash can result in painful wounds, scarring, and infections.
- Head Injuries and Traumatic Brain Injuries (TBIs): Even with a helmet, head trauma is a risk and can lead to long-term cognitive impairment.
- Spinal Cord Injuries: According to Mayo Clinic, these in can result in partial or full paralysis, requiring lifelong care.
- Internal Injuries: Damage to organs caused by blunt force trauma often requires emergency surgery.
These serious injuries not only cause physical pain but also emotional and financial strain, often making it necessary for victims to seek compensation for medical expenses, lost wages, and long-term care.
Long-Term Effects and Recovery
Recovery from a motorcycle injury can be prolonged and complex. Depending on the severity of the injury, victims may require multiple surgeries, physical therapy, or assistive devices to regain mobility. In cases involving catastrophic injuries, a full recovery may not be possible, and long-term disability becomes a concern.
Personal injury lawyers specializing in motorcycle accident cases help clients understand the full scope of their recovery needs. This includes working with medical professionals to estimate future costs and factoring them into settlement negotiations.
Proving Liability in Motorcycle Accident Cases
Role of Evidence and Police Reports
To win a motorcycle accident claim, the injured motorcyclist must prove that another party was negligent and directly caused the crash. Key evidence includes:
- Police Reports: A detailed police report provides an official account of how the accident happened, noting traffic violations, witness statements, and preliminary fault assessments.
- Medical Records: These confirm the extent of motorcycle accident injuries and establish a timeline that aligns with the accident.
- Photos and Videos: Visual documentation of the accident scene, vehicle damage, and injuries can support your claim.
- Expert Testimony: Accident reconstruction specialists and medical experts can explain the cause and impact of the crash in court, if necessary.
A motorcycle accident attorney uses all available evidence to prove liability and push back against attempts by insurance companies to deny or reduce claims.
Comparative Negligence and Insurance Challenges
Arkansas’s comparative negligence law means you can still recover damages even if you’re partly at fault, as long as you’re less than 50% responsible. However, insurance companies often try to exaggerate the motorcyclist’s fault to reduce payouts. For example, if the rider wasn’t wearing a helmet or was slightly speeding, the insurer may claim these actions contributed significantly to the injury.
This is where experienced personal injury lawyers are vital. They negotiate with insurers, challenge unfair blame, and ensure that motorcycle accident victims receive the compensation they deserve for medical bills, lost income, and emotional suffering.
Calculating Compensation for Motorcycle Accident Injury Claims
Types of Damages
Motorcycle accident claims typically involve both economic and non-economic damages:
- Economic Damages: These include medical expenses, future medical costs, rehabilitation, lost wages, and property damage.
- Non-Economic Damages: These compensate for pain and suffering, emotional distress, and loss of enjoyment of life.
If the motorcycle crash resulted in wrongful death, the victim’s family may also pursue compensation for funeral costs, loss of companionship, and other related damages.
Tools and Calculators for Estimating Claim Value
Several law firms now offer interactive tools such as compensation calculators or case timeline estimators to help victims understand what their case may be worth. While these tools offer rough estimates, a personalized evaluation by a motorcycle accident attorney provides a more accurate and detailed valuation.
Many motorcycle accident lawyers provide free consultations to assess the potential value of your claim, considering the severity of the injuries, level of negligence, and long-term impacts on your life.
Why Choose Keller Swan Injury Attorneys?
