Motorcycle accidents often result in serious injuries and raise many questions about fault. When someone wonders, “Who is at fault in most motorcycle accidents?”, the answer frequently points to other drivers, not motorcyclists.
This may surprise some people, but the reasons are rooted in how other drivers behave on the road and how those actions put motorcyclists in danger. Realizing what happens in these accidents and why motorcyclists are often unfairly blamed can help victims fight for justice. An experienced Arkansas motorcycle accident lawyer can help ensure your rights are protected and you aren’t unfairly blamed.
Common Causes of Motorcycle Accidents
Motorcyclists face risks created by other drivers’ negligence. While motorcyclists are skilled riders, they remain vulnerable to mistakes made by those driving larger vehicles.
Some of the leading causes of motorcycle accidents include the following behaviors by other drivers:
- Failing to check blind spots when changing lanes
- Turning left at intersections without yielding
- Driving while distracted by phones or other activities
- Speeding or driving aggressively in traffic
- Ignoring stop signs or red lights
These actions create unsafe conditions for motorcyclists, who often have little room to avoid collisions.
Motorcycle crashes caused by other drivers usually happen because motorcyclists are less visible. A motorcycle occupies less space on the road, and careless drivers aren’t always looking for smaller vehicles.
When drivers fail to look twice before making a move, accidents happen.
The Reality of Fault Assignments
There’s a common misconception that motorcyclists must be at fault when they’re involved in a crash. Some people assume motorcyclists are reckless speeders weaving through traffic or ignoring safety rules. This stereotype is harmful and causes riders to be unfairly blamed after a collision.
Fault depends on the actions of everyone involved, not on assumptions. Arkansas law, like laws in other states, focuses on the negligence of both parties. For motorcyclists, this often means disproving the idea that they caused the accident. Police reports, witness statements, and traffic camera footage often help show who was at fault.
Is Arkansas a Comparative Negligence State?
Yes, Arkansas is a comparative negligence state. This means that fault can be shared between the parties involved in a crash. Each person’s percentage determines how much they can recover in a claim.
For example, if a motorcyclist is found to be 20% at fault, their financial recovery will be reduced by that percentage.
This legal structure ensures that liability matches each driver’s behavior in motorcycle accidents. However, proving fault often requires gathering strong evidence.
Proving Fault in Arkansas
Determining responsibility in motorcycle crashes can involve various inquiries. To establish fault in Rogers or nearby areas, it’s important to gather the following facts:
- Was the other driver speeding, distracted, or breaking traffic laws?
- Did witnesses see the driver behave carelessly?
- Are there skid marks, vehicle damage, or debris patterns that indicate fault?
- Did the police issue a ticket or citation at the scene?
Having access to this information allows a clearer picture of who caused the crash.
The Dangers of Distracted Driving
Distracted driving, in particular, is one of the most common causes of motorcycle crashes. When a driver is glancing at their phone or talking to passengers, they may fail to notice a nearby motorcycle. These split-second lapses can have devastating outcomes.
Motorcycles don’t have the same protections as cars, like safety belts or airbags. This means mistakes made by distracted drivers place motorcyclists at higher risk for severe injuries. Many victims are left wondering why more isn’t done to prevent this life-altering behavior.
How Laws Address Distracted Driving in Arkansas
Arkansas has implemented strict laws against texting and driving in an attempt to prevent such accidents. Drivers in the state are banned from using handheld devices while driving unless they are calling for emergency services. Still, violations occur every day, placing others at risk.
Insurance Company Tactics After Motorcycle Accidents
After a collision, dealing with insurance companies can feel overwhelming. Many motorcyclists discover that insurance adjusters try to shift blame back onto them to reduce payouts. Understanding this strategy can help motorcycle accident victims stay prepared.
Insurance companies may argue that the motorcyclist was speeding or didn’t use proper signaling. These claims may have no proof, but they’re often used to try to lower settlement amounts. Evidence like dashcam footage or detailed accident scene photos can effectively counter these tactics.
What To Do After the First Few Days
Taking the right steps after a motorcycle crash can protect your ability to claim compensation. Once the initial medical care is handled, focus on these actions in the days and weeks that follow the accident:
- Obtain a copy of the official police report.
- Gather any photos or witness information available.
- Document injuries and medical treatment in detail.
- Avoid discussing the accident on social media, as posts can be taken out of context.
These actions can become valuable when filing a claim later.
Now, you have a better foundation for understanding motorcycle accidents and how fault is determined. If you’re a motorcyclist injured, getting the compensation you deserve starts with understanding your rights.
Filing a Motorcycle Accident Claim in Arkansas
After a motorcycle accident, filing a claim is an essential step for seeking compensation. Fault plays a big role in determining who can recover damages.
If another driver caused the crash, their insurance company will be responsible for paying your claim.
Arkansas follows an at-fault liability system. This means the driver who caused the accident must cover the costs through their insurance policy.
The first step is to collect all the evidence. Make sure you document everything related to the accident. This includes photos of the scene, police reports, and witness statements. These items can support your claim when discussing fault.
Here’s what victims should prioritize when filing their claim:
- Request the official crash report from the police.
- Gather photos of damaged vehicles, license plates, and visible injuries.
- Get contact details from witnesses and all involved drivers.
- Keep medical records related to the injuries sustained in the accident.
Once you have this information, notify your insurance company. Even if the other driver is at fault, you must report the accident to your insurer. Be cautious about what you say, as insurance companies will use any statement to minimize payouts.
Suing for Damages After a Motorcycle Accident
You may need to file a lawsuit if the at-fault driver’s insurance cannot cover all damages. Legal action can help you recover additional compensation for medical expenses, lost wages, and pain and suffering.
Lawsuits come into play in several scenarios, including minor policy limits or disputes over fault. Arkansas has a shared fault law that may influence your case. Under the modified comparative negligence rule, you can only collect damages if you are less than 50% at fault.
Filing lawsuits requires attention to timelines. Under its statute of limitations, Arkansas sets a three-year deadline for personal injury claims, including motorcycle accidents.
Missing this timeframe can prevent you from recovering any compensation. Most cases never reach court, but having the option ensures you have leverage during financial disputes.
How Arkansas Determines Fault
Arkansas law determines fault through thorough investigation. This process includes analyzing physical evidence, witness statements, and police reports. Arkansas courts often refer to traffic laws and vehicle codes to find negligence.
If a driver speeds, runs a red light, or is distracted by their phone, they are more likely to be held liable.
For motorcyclists, the investigation extends to their behavior on the road. Insurance companies may argue that motorcyclists took unnecessary risks. This often involves blaming the motorcyclist for weaving through lanes or ignoring traffic rules.
These accusations are not always accurate. Motorcyclists may need to defend against stereotypes to prove another driver caused the crash.
Insurance adjusters consider several details:
- Was the motorcyclist following traffic laws?
- Did the other driver fail to check blind spots or yield?
- Were there dangerous road conditions?
- How fast were all vehicles traveling before the collision?
Often, this process works against motorcyclists. While they have the same road rights as cars and trucks, biases against riders may affect judgments. Having legal support ensures accurate fault determination and protection of your rights.
Compensation Options for Motorcycle Accident Victims
Motorcycle accident victims can pursue compensation for a variety of losses. The injuries from these accidents are often severe, so financial recovery plays a major role in rebuilding lives. Compensation breaks down into economic and non-economic damages.
Economic damages include medical bills and lost wages. These are the measurable costs that arise directly from the accident. For example, a victim requiring surgery or months of therapy would seek reimbursement through these damages.
Non-economic damages cover emotional harm like pain and suffering.
For motorcycle accident victims, this often involves dealing with trauma, physical discomfort, or reduced quality of life. Arkansas does not cap non-economic damages in personal injury cases, which means you may recover significant financial relief for these losses.
Steps to Take in the Days After the Crash
The time immediately following the accident is critical for ensuring a successful claim. Taking the right steps during the following days and weeks can make or break your case.
First, attend all follow-up medical appointments. Motorcycle accidents can cause injuries that aren’t immediately noticeable. Continuing care provides vital evidence to strengthen your injury claims.
Keep paperwork organized. Documents like hospital bills, repair estimates, and workplace absence letters should be stored safely. Also, avoid discussing fault or injuries on social media. Insurance companies look for posts they can use against you.
Other helpful steps include:
- Consulting a lawyer to understand legal remedies.
- Keeping a journal detailing pain and emotional struggles.
- Following all traffic citations or tickets related to the crash.
These actions help construct a strong case, ensuring you protect your rights while seeking a fair outcome.
Important Legal Details for Arkansas Motorcycle Riders
Riders in Rogers and surrounding counties should know specific motorcycle laws that protect them. Following these regulations can both prevent accidents and safeguard their claims in court.
First, riders under 21 must wear helmets. Adults over 21 are not required to wear helmets, but doing so can reduce injury severity in crashes. Courts may also factor helmet use into damages for injuries.
Motorcyclists must also use daytime headlights and a proper helmet communication system if they carry passengers. Lane splitting is prohibited under Arkansas law. Riders must stay within their lane unless passing vehicles by switching lanes safely. Violating traffic regulations may hurt your fault claim, even if another driver acted negligently.
These laws highlight the responsibility placed on both drivers and motorcyclists to maintain safety. Courts evaluate whether everyone acted within reasonable safety standards before assigning fault.
What To Do If Fault Is Disputed
When fault becomes a point of contention, victims often feel frustrated. Disputed fault occurs when both drivers have conflicting stories or insufficient evidence exists. If the insurance company denies or undervalues your claim, challenging their findings may be necessary.
Start by requesting a copy of the insurance adjuster’s findings. Review the evidence they used to reach their decision. Often, this involves analyzing traffic camera footage, input from accident reconstruction specialists, or data from vehicle black boxes.
You may also:
- Provide your own documentation, such as additional witness statements.
- File an appeal with the at-fault driver’s insurer.
- Seek mediation or arbitration to resolve disputes.
- File a lawsuit if other efforts to resolve fault fail.
Strong legal representation and solid evidence give you the best shot at contesting fault judgments. Riders in Arkansas should prepare for rebuttal strategies if the at-fault driver refuses to accept accountability.
Your Case Matters—Connect with Us Today
Motorcycle accidents can leave victims facing physical, financial, and emotional challenges. If you need help recovering compensation after a crash in Rogers, Fayetteville, Jonesboro, or Fort Smith, contact an experienced Arkansas personal injury Lawyer at Caddell Reynolds Law Firm.
Our experienced team will fight for the settlement you deserve. Call (479) 782-5297 for a free consultation today.