Motorcycles are a popular mode of transportation, offering a sense of freedom and excitement on the open road. However, they also come with inherent risks, and accidents involving motorcycles can be particularly devastating due to the lack of protection for riders.
Here at Levar Law Injury and Accident Lawyers, we understand your unique struggles. Our Fayetteville motorcycle accident lawyers are a team dedicated to fighting for you. We’ll handle the legal side so you can focus on healing and moving forward with your life.
Why Choose Our Fayetteville Motorcycle Accident Lawyers?
After a motorcycle accident in Fayetteville, you want the right legal representation on your side.
Levar Law Injury and Accident Lawyers stands out as a leading choice for several reasons:
- Experience: Our personal injury attorneys have extensive experience handling motorcycle accident cases. We understand these cases’ specific laws and regulations and know how to build a strong claim on your behalf.
- Personalized Attention: We don’t consider you a case number; we recognize that you have suffered due to someone else’s negligence. Our legal team takes the time to understand your specific situation and tailor our strategy to meet your unique needs.
- Proven Track Record: Our firm has a history of securing favorable client outcomes. We’ve recovered substantial compensation for motorcycle accident victims. While every case differs, we will pursue the best possible results for your situation.
- Thorough Investigation Skills: Our investigation approach ensures we uncover all the facts necessary to build a strong case for you.
- Skilled Negotiation: Our Fayetteville motorcycle accident lawyers are skilled negotiators who know how to deal with insurance companies. We strive to secure a fair settlement that covers all your damages and are prepared to go to trial if necessary.
- Empathetic Service: The emotional toll of a motorcycle accident can be immense. Our compassionate legal team will be there for you, providing support and understanding throughout the entire process.
At Levar Law Injury and Accident Lawyers, we recognize that motorcycle accident victims often face unique challenges. Your injuries may be more severe than those in car accidents, and insurance companies may try to exploit biases against motorcyclists to minimize your claim.
We will use our experience and resources to ensure you receive the full financial recovery you are entitled to.
Motorcycle Accident Statistics in Arkansas
Arkansas has become increasingly dangerous for motorcyclists. The number of motorcycle rider fatalities has risen by 23% in recent years, with a particularly sharp jump of 51% between 2019 and 2021. Recent data also shows no signs of improvement.
This trend is part of a nationwide issue. Motorcycle deaths are at their highest levels since record-keeping began in the 1970s. Experts point to a combination of factors, including speeding drivers, declining helmet use among motorcyclists, and potentially lingering habits from less congested pandemic roads.
These statistics aren’t just numbers; they represent real dangers on Arkansas roads.
Factors contributing to these accidents often include:
- Lack of visibility: Motorcycles are smaller and can be harder for other drivers to see, especially at night or in bad weather.
- Distracted driving: With the rise of smartphone use, distracted driving has become a major cause of accidents involving motorcycles.
- Unsafe lane changes: Drivers failing to check their blind spots before changing lanes can be particularly dangerous for motorcyclists.
- Left-turn accidents: Many motorcycle accidents occur when cars make left turns in front of oncoming motorcycles.
- Road hazards: Potholes, gravel, or other road debris that might be minor issues for cars can pose serious risks to motorcyclists.
- Speeding: Both motorcyclists and other drivers exceeding speed limits increase the risk and severity of accidents.
- Impaired driving: Alcohol and drug use continue to be significant factors in motorcycle accidents.
Source: experience.arcgis.com
Who is Liable in a Motorcycle Accident Case?
Determining liability in a motorcycle accident case in Arkansas can be complicated, as multiple parties may be involved. Every accident is unique, and understanding who is at fault is vital to securing fair compensation.
In Arkansas, several parties could bear responsibility in a motorcycle accident:
- Other Drivers: Often, motorcycle accidents are caused by other motorists who fail to see the motorcycle or misjudge its speed and distance. If a driver’s negligence led to the accident, they could be held liable.
- Motorcycle Manufacturer: If a defect in the motorcycle caused the accident, the manufacturer could be held responsible under product liability laws.
- Government Entities: If poor road conditions or inadequate signage contributed to the accident, the government agency responsible for road maintenance might be liable.
- Motorcycle Part Manufacturers: Similar to motorcycle manufacturers, if a defective part (like brakes or tires) causes an accident, the part manufacturer could be held liable.
- Motorcycle Repair Shops: The repair shop might bear some responsibility if recent repairs were done improperly and contributed to the accident.
- Bar or Restaurant: In cases where a drunk driver caused the accident, the establishment that served alcohol to the visibly intoxicated person might share liability under dram shop laws.
- The Motorcyclist: In some cases, the motorcyclist might be partially at fault. Arkansas follows a modified comparative fault rule, meaning you can still recover damages as long as you’re less than 50% at fault.
Motorcycle accidents often involve bias against riders. Some people, including insurance adjusters and jurors, may hold preconceived notions about motorcyclists being reckless.
This is why having an experienced Fayetteville motorcycle accident attorney is essential. They can help combat these biases and ensure a fair evaluation of your case.
In any motorcycle accident case in Arkansas, we can thoroughly investigate all potential sources of liability. This ensures that we hold all responsible parties accountable and victims receive fair compensation for their losses.
What to Do After a Motorcycle Accident
Motorcycle accidents can be traumatic experiences with potentially severe consequences.
In the chaotic aftermath of an accident, to protect your well-being and preserve evidence for a potential lawsuit:
- Safety First: If possible, move to a safe area away from traffic. If you can’t move due to injuries, stay where you are and turn on your hazard lights if possible.
- Call 911: Report the accident to the police immediately. A police report can be vital for insurance claims and legal proceedings.
- Get Medical Treatment: Some injuries may not be immediately apparent, even if you feel fine. It’s important to be examined by a medical professional to identify, document, and treat any injuries you may have suffered. Motorcycle accidents often result in more severe injuries than car accidents, so don’t hesitate to call an ambulance if needed.
- Document the Scene: If you’re able, take photos of the accident scene. This includes crucial evidence like pictures of all vehicles involved, any visible injuries, road conditions, traffic signs, and any property damage.
- Gather Information: Exchange information with the other driver(s) involved. This includes names, contact details, insurance information, and vehicle details. Note the license plate numbers of all vehicles involved.
- Collect Witness Information: If there were any witnesses to the accident, get their contact information. Their testimony could be crucial if there are disputes about what happened.
- Preserve Evidence: Don’t repair your motorcycle or dispose of your gear (helmet, clothing) right away. You need this crucial evidence for your case.
- Be Cautious with Your Statements: Be careful what you say at the scene. Don’t admit fault or make statements that could be used against you later. Stick to the facts when speaking with the police.
- Contact a Fayetteville Motorcycle Accident Lawyer: Before speaking with any insurance adjusters, consult with an experienced motorcycle accident attorney. They can protect your rights and handle communications on your behalf while you focus on recovery.
Remember, the steps you take immediately after a motorcycle accident can significantly impact your ability to recover compensation for your injuries and damages.
Compensation in a Fayetteville Motorcycle Accident Case
Compensation in motorcycle accident cases should cover the victim’s losses and damages. These damages typically fall into two main types: economic and non-economic.
Economic Damages
These are tangible financial losses that can be calculated and documented. They include:
- Medical Expenses: This covers all medical-related costs, from emergency treatment immediately following the accident to long-term care. It includes hospital stays, surgeries, medications, physical therapy, and any necessary medical equipment.
- Lost Wages: This compensates for income lost due to time taken off work for recovery. It also covers loss of earning capacity if the accident leads to long-term disability affecting your ability to work in the future.
- Property Damage: This includes the cost of repairing or replacing your motorcycle and any other personal property damaged in the accident, such as protective gear or electronics.
- Out-of-pocket Expenses: You can be compensated for any other accident-related expenses, such as transportation costs for medical appointments or home modifications needed due to disability.
Non-Economic Damages
These damages are more subjective and not easily quantifiable. They address the non-financial impact of the accident on your life. This includes:
- Pain and Suffering: This compensates for the physical pain and emotional distress caused by the accident. It can include ongoing discomfort, chronic pain, and mental anguish.
- Loss of Enjoyment of Life: If your injuries prevent you from engaging in hobbies, sports, or other activities that were part of your life before the accident, you may be entitled to compensation for this loss.
- Emotional Distress: This covers the psychological impact of the accident, such as anxiety, depression, post-traumatic stress disorder (PTSD), and other mental health issues resulting from the trauma of the accident.
- Loss of Consortium: This relates to the impact your injuries have on your relationship with your spouse or partner. It compensates for the loss of companionship, affection, and support.
- Disfigurement or Permanent Disability: Additional compensation may be awarded if the accident results in lasting scars, disfigurement, or permanent disability.
In Fayetteville, determining the value of these damages often requires thorough documentation and sometimes expert testimony, especially for non-economic damages.
An experienced motorcycle accident attorney can be instrumental in accurately assessing all damages and ensuring that you receive fair compensation for all your losses.
How Much Is My Fayetteville Motorcycle Accident Claim Worth?
Motorcycle accident settlements are highly individual and depend on:
- Injury Severity: More serious injuries typically lead to larger settlements. Motorcycle accidents can cause significant injuries, potentially raising the settlement value.
- Medical Costs: All your medical bills, present and future, factor into the settlement.
- Lost Wages: If your injuries prevent working, lost wages are compensable. The settlement might also consider how the accident impacts your future earning ability.
- Property Damage: The extent of damage to your motorcycle and other belongings will be included.
- Pain and Suffering: This non-economic loss is hard to quantify but significant. It covers physical and emotional distress from the accident.
- Quality of Life Impact: If the accident causes long-term disability, affecting daily activities, hobbies, or relationships, this can increase the settlement.
- Insurance Limits: The at-fault party’s insurance coverage is a major factor. The settlement can’t exceed their policy limits unless they have additional assets.
- Liability: Who caused the accident (fault) matters. Arkansas follows modified comparative negligence, meaning your compensation might be reduced based on your fault percentage.
- Evidence Strength: Strong evidence supporting your case strengthens your negotiation position and potentially leads to a higher settlement.
- Attorney Skill: An experienced Fayetteville motorcycle accident attorney can significantly impact the settlement amount. Skilled lawyers effectively negotiate with insurance companies and build a strong case to maximize your compensation.
Motorcycle accident settlements can range from tens of thousands to hundreds of thousands or even millions, especially for severe injuries or fatalities. However, beware of quick settlements.
Insurance companies often try to settle quickly for minimal amounts. Only accept settlement offers after consulting a qualified motorcycle accident attorney first. They can ensure all your current and future needs are considered in any settlement.
How Much Does a Fayetteville Motorcycle Accident Lawyer Cost?
The cost of hiring a motorcycle accident lawyer in Fayetteville can be a concern for many accident victims, especially when facing medical bills and lost wages.
However, most motorcycle accident lawyers, including those at Levar Law Injury and Accident Lawyers, work on a contingency fee basis. Here’s what you should know about this payment structure:
- No Upfront Fees: With a contingency fee arrangement, you don’t pay any upfront legal fees when you hire a lawyer. This makes legal representation accessible for those who don’t have the funds to pay a lawyer at the beginning of their case.
- Percentage of the Settlement: The lawyer’s fee is typically a percentage of the settlement or award you receive. If you win the case or obtain a settlement, the lawyer’s fee will be a portion of that amount.
- No Win, No Fee: If the Fayetteville motorcycle accident lawyer does not win the case or secure a settlement, you generally owe nothing for their services. This arrangement aligns the lawyer’s interest with yours, as they are incentivized to achieve the best possible outcome.
- Case Expenses: In addition to the lawyer’s fee, there may be other expenses associated with your case, such as filing fees, expert witness fees, or costs for obtaining medical records. How these expenses are handled can vary, so it’s important to discuss this with your lawyer upfront.
- Free Initial Consultation: Most motorcycle accident lawyers, including ours, offer a free initial consultation. This allows you to discuss your case and understand your legal options without any financial commitment.
It’s important to discuss fees and costs with any potential lawyer at the beginning of your case, so you have a clear understanding of what to expect. Remember, a good motorcycle accident lawyer will not only aim to win your case but also maximize the compensation you receive, even after legal fees are deducted.
Motorcycle Accident? Call Levar!
Remember, time is of the essence in motorcycle accident cases. Arkansas has a three-year statute of limitations that restricts the time you have to file a lawsuit, so don’t wait to get help from a Fayetteville motorcycle accident lawyer.
For more information or to schedule a free initial consultation with one of our Fayetteville personal injury lawyers, call (479) 244-2772 or contact us online today. We’re here to listen to your story and answer your questions.
Levar Law Injury & Accident Lawyers – Fayetteville Office
2961 Point Cir #103
Fayetteville, AR 72704
P: (479) 244-2772