Injuries Sustained In A Motorcycle Accident
If I Have Head Injuries After A Motorcycle Accident And I Was Not Wearing A Helmet, Can I Still Recover Financially For My Injuries In Arkansas?
Suppose you were in a motorcycle accident and now have head injuries from not wearing your helmet. In that case, you may still be able to recover damages. Arkansas currently does not require motorcycle riders to always wear a helmet.
The hope is that everyone who rides a motorcycle, even those experienced and safe riders, wears a helmet to protect themselves. Still, you can’t account for other people on the road. Are they good drivers? Are they paying attention, or are they on their phone? There’s no guarantee that other drivers do what they’re supposed to do on the road.
The fact that you were not wearing a helmet will not be an automatic bar to the financial recovery for your injuries in a motorcycle accident. However, not wearing your helmet could make your case more challenging to bring before a jury.
Juries consist of members of the general public; some jurors may feel like you would not have been as injured had you worn a helmet. This notion comes down to everyday people’s perceptions about safety and motorcycle riders. As a result, jurors may favor a rider wearing a helmet more than one who wasn’t, even though the law doesn’t require you to wear a helmet.
Can I File A Personal Injury Claim If I Was Lane Splitting and Injured By A Motorist On An Arkansas Roadway?
Suppose a motorist injures you while you were lane splitting on your motorcycle. In this situation, just because you were lane splitting doesn’t mean you can’t file a personal injury claim. However, a fact-intensive inquiry is needed to prove your case.
First, you’ll have to look at the Arkansas Motor Vehicle Crash report (police report) from the law enforcement agency that reports to the scene. Next, you may need an accident reconstructionist to figure out exactly how the accident happened. Then it also could be a matter of what percentage a jury may find you at fault for lane splitting.
The rule in Arkansas is a Comparative Fault or Comparative Negligence. This Comparative Fault rule permits you to recover damages due to your injuries if you’re found to be no more than 49% at fault for the accident.
What Is One Of The Most Difficult Aspects Of Dealing With A Motorcycle Accident Injury Case And The Insurance Companies?
Unfortunately, people’s perception of motorcycle riders is the most challenging aspect of dealing with a motorcycle accident case. There is a presupposed notion in many folks’ heads that motorcycle drivers drive too fast or don’t drive safely.
An experienced personal injury attorney can help you overcome the general public’s pessimistic philosophy. Overcoming biker prejudice can be done through an effective investigation into the facts of the case.
The investigation should show that you:
- Were not at fault
- Obeyed the rules of the road while driving your motorcycle
- Could not control the other driver
An experienced personal injury attorney can accomplish many of these by effectively presenting the facts of the case to a jury. In addition, your attorney will try to ensure that the jury is not negatively evaluating your claim and damages because you were on a motorcycle.
Because you were on a motorcycle should not be a bar or a limitation to your recovery for your injuries. The personal injury attorney you hire must be effective and fight to ensure that you’re not perceived negatively just for being a motorcycle rider.
With the guidance of a skilled attorney for Motorcycle Accident Injury Cases, you can have peace of mind knowing that Thurman and Flanagin will make it look easy.