Arkansas Motorcycle Accident Lawyers

Motorcycle accidents can be life-altering events that leave riders facing serious injuries, mounting medical bills, and significant time away from work. Fortunately, riders who have been injured due to another party’s negligent actions have legal rights and may be entitled to compensation for their damages. 

The aftermath of a motorcycle collision can involve considerable legal challenges that can overwhelm anyone trying to heal from injuries. To start, insurance companies often attempt to minimize payouts or deny claims altogether, particularly in motorcycle cases where bias against riders can influence perceptions of fault. The Arkansas motorcycle accident lawyers at Osborne & Wilmoth Law Firm aggressively represent motorcyclists who have suffered harm on the state’s roadways. We are familiar with the bias, applicable state laws, and other factors unique to these cases. We can work diligently to help you obtain the compensation you need to recover and move forward.

What Should I Do Immediately After a Motorcycle Accident?

The moments following a motorcycle accident are critical for a motorcyclist’s health and any future legal action. 

• Call 911 and request medical attention, even if the injuries seem minor. If you do not want to be transported by ambulance to an ER, visit a physician for an evaluation immediately after the crash. Some serious conditions, including head injuries and internal bleeding, may not show symptoms right away. Documentation from medical professionals will also serve as valuable evidence in your case.
• If possible, gather evidence at the scene by taking photographs of all vehicles involved, the surrounding area, road conditions, and any visible injuries. 
• Collect contact information from witnesses, as their statements may prove important later. 
• Ask the responding officers about obtaining a copy of the police report. 
• Avoid making statements about fault to other parties or insurance representatives.
• Contact our Arkansas motorcycle accident lawyers as soon as possible to discuss your situation and receive guidance on protecting your rights during this important initial period.

How Is Fault Determined in Arkansas Motorcycle Accidents?

Arkansas follows a “modified comparative fault” rule when determining responsibility in traffic accidents. Under this system, you may recover damages as long as you are less than 50% responsible for the accident. However, your compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault for the accident and your damages total $100,000, you would only receive $80,000. 

Determining fault involves analyzing evidence like police reports, witness statements, traffic camera footage, and accident reconstruction findings. Our Arkansas motorcycle accident lawyers carry out investigations and may work with accident reconstruction specialists to build strong cases that accurately represent how the accident occurred. We must often combat unfair prejudice against motorcyclists, as many people incorrectly assume riders are reckless. Our legal team counters those biases with factual evidence and proper application of traffic laws.

What Compensation Can I Receive for My Motorcycle Accident Injuries?

As an injured rider in Arkansas, you may be entitled to several types of compensation, such as:

• Medical expenses constitute a significant portion of many claims, covering emergency treatment, hospital stays, surgeries, medication, physical therapy, and any required future medical care related to your injuries.
• Lost wages compensate claimants for income lost while recovering from injuries, while loss of earning capacity addresses reduced ability to earn income in the future due to permanent impairments. 
• Pain and suffering damages account for physical discomfort and emotional distress experienced because of the accident. 
• Property damage covers the repair or replacement of your motorcycle and damaged personal items. 
• In cases involving particularly negligent behavior by the at-fault party, punitive damages may sometimes be awarded. 

What Is the Statute of Limitations for Motorcycle Accident Claims in Arkansas?

Arkansas law establishes specific time limits for filing personal injury lawsuits. For motorcycle accidents, you generally have three years from the date of the accident to file a lawsuit. This legal deadline, known as the “statute of limitations,” is strictly enforced by courts. If you attempt to file after this period has expired, your case will likely be dismissed, regardless of its merits.

Certain exceptions may apply in limited circumstances, though. For instance, if the injured person is a minor at the time of the accident, the three-year clock may not start running until they reach 18 years of age. However, these exceptions are narrow, and it is always advisable to consult with a lawyer as soon as possible after an accident. Taking prompt action provides your legal team with ample time to investigate the accident, gather evidence, and build a compelling case before evidence disappears or witnesses’ memories fade.

How Do Insurance Companies Handle Motorcycle Accident Claims?

Insurance companies operate as businesses with the primary goals of maximizing profits and minimizing payouts. When handling motorcycle accident claims, they often employ tactics designed to reduce their financial liability. These may include offering quick but inadequate settlements before the full extent of injuries is known, and disputing the severity of injuries.

Our Arkansas motorcycle accident lawyers provide protection against these tactics. Our team knows how to properly value claims, negotiate effectively with insurance adjusters, and prepare cases for litigation if fair settlements cannot be reached. We manage all communication with insurance companies, preventing adjusters from obtaining statements that might harm your claim. This professional representation often results in significantly higher compensation compared to what individuals might obtain when negotiating directly with insurers.

How Much Do Motorcycle Accident Lawyers Charge?

Most Arkansas motorcycle accident lawyers, including those at Osborne & Wilmoth Law Firm, work on a contingency fee basis. That means you do not pay lawyer fees upfront or during your case. Instead, we receive a percentage of your final settlement or court award. If your case does not result in compensation, you typically do not owe lawyer fees. 

This fee structure makes legal representation accessible to injured motorcyclists regardless of their financial situation. During your initial consultation, we will explain the specific fee arrangement, including what percentage we charge and how case expenses are handled. That way, you understand the financial aspects of your legal representation before proceeding.