Arkansas Motorcycle Accident Lawyer

Why are Arkansas motorcycle claims so often about fault percentages?

Because the 50% bar turns every argument about the rider into a threat to the whole claim. If a jury decides the rider was 50% or more at fault, the rider recovers nothing.

Insurers commonly argue that the rider was speeding, too hard to see, following too closely or not in control. Each argument is aimed at moving the rider's share closer to that line. Evidence such as crash data, scene measurements, video and independent witnesses can push it back.

Some of the pressure comes from simple bias. Jurors who do not ride may assume that anyone on a motorcycle takes chances. A careful case answers that assumption directly, with proof of the rider's training, experience, safety gear and riding history, and with a reconstruction that shows what the other driver could and should have seen before turning or pulling out.

Does Arkansas require motorcycle helmets?

Arkansas requires helmets for riders and passengers under 21. Adults 21 and older may ride without one, so a missing helmet is not unlawful for most riders.

Insurers sometimes argue that a helmet would have reduced a head injury. How that argument is treated depends on the evidence and the injury, and it rarely affects injuries a helmet would not have prevented, such as broken legs, road rash or spinal injuries. If you wore a helmet, keep it as evidence. Its damage can show how and where the impact happened.

Where do Arkansas riders face the most risk?

Scenic mountain roads and busy intersections both produce serious crashes. Riding season runs mainly from spring through fall, with heavy traffic on holiday weekends.

• The Pig Trail Scenic Byway on Highway 23 through the Ozark National Forest, with tight curves and steep grades.
• Roads around Eureka Springs and along Highway 7, popular with riders and tourists.
• The Talimena Scenic Drive along the Ouachita Mountains near the Oklahoma line.
• Fayetteville-area roads during the large annual fall rally that draws riders from across the country.
• Wide commercial streets in Little Rock, Fort Smith and Northwest Arkansas, where left-turning drivers often misjudge a motorcycle's speed.

Gravel washed onto curves after rain, deer at dusk and slow-moving farm equipment on rural roads add risk.

How does the 50% bar change a rider's recovery?

Below 50%, the award is reduced. At 50% or above, it is gone. A worked example shows the difference.

A rider on Highway 412 near Springdale is struck by a car pulling out of a parking lot. The rider's damages total $260,000. If the jury finds the rider 30% at fault for speed, the rider recovers $182,000. If the jury finds the rider 49% at fault, the recovery is $132,600. If the jury lands at 50%, the recovery is zero. That is why reconstruction of speed and sight lines matters so much in Arkansas rider cases.

Who can be responsible for an Arkansas motorcycle crash?

Usually another driver, but not always only one. Arkansas generally makes each defendant pay only its own share, so every responsible party should be identified.

1. A driver who turned, merged or pulled out in front of the rider.
2. An employer, if that driver was working.
3. A trucking company whose load spilled gravel or debris.
4. A maker of a defective tire, brake or other part, which may lead to a product liability claim.
5. A road contractor that left an unmarked hazard.

Claims involving local government roads face immunity rules and are often limited to available insurance, while claims against the state usually go through the State Claims Commission.

What should an injured Arkansas rider do?

Get medical care, keep your gear and the bike as they are, and write down what happened while you remember it. Gather witness names, especially people who are not riders. Ask your insurer about PIP, medical payments and uninsured motorist coverage, which may be on your motorcycle policy, your car policy or both. Underinsured coverage matters because many drivers carry limits far below the cost of a serious rider injury, and a careful review of every household policy can uncover more protection than riders expect.

Most Arkansas rider claims must be filed within 3 years, but evidence fades much sooner. Learn more about rider claims on our motorcycle accident page, compare with our Arkansas car accident page, or visit the Arkansas injury guide. Our attorneys offer a free case review, and you pay no fee unless we win.