Motorcyclists are relatively unprotected compared to other road users. When accidents happen, serious injuries are common. Motorists often report that visibility is a problem. They “did not see” the motorcyclist. However, this is no excuse for negligence.
If you or someone close to you has been injured by a careless or reckless driver, our motorcycle accident lawyer in Conway, AR, is ready to help you. We have years of experience handling motorcycle accident cases. Let the Conway personal injury lawyers of LeVar Law fight for the compensation you deserve.
Determination of Liability and Value of Claims in Motorcycle Accidents
Although these may seem to be two different things, they are closely linked. Since findings regarding liability impact compensation, they are often argued hotly in out-of-court negotiations and courtroom proceedings.
Comparative Fault in Motorcycle Accident Claims
In Arkansas law, compensation is determined proportionate to comparative fault. So, if you are 0% at fault for your accident, and a driver is 100% at fault, you can claim 100% of qualifying damages.
Few motorcycle accidents are that simple. There may be more than one driver who is to blame for your accident, and you may have contributed a degree of fault yourself. If you are less to blame than other parties, you can still claim, but your compensation is reduced by your percentage of fault.
Your motorcycle accident attorney in Conway, AR, must investigate your case carefully. This helps them to defend you against unfair accusations of fault that will harm your case and the amount of compensation you receive.
The Value of Motorcycle Accident Claims
The value of your claim depends, to a large extent, on the severity of your injuries. Compensation aims to repair damage done, and your claim is based on the damages you suffered. Some of them are there to reimburse you for financial losses, and others relate to the way your motorcycle accident affects your personal life. Types of damages include:
- Medical costs and the cost of ongoing treatment and rehabilitation
- Loss of earnings during the time you cannot work
- Compensation for pain and suffering
- Emotional distress, anguish, and PTSD
- Disfigurement, for example, loss of a limb
- Effects on your personal life and relationships
Although some of these forms of damage are not financial in nature, we can use verdicts recorded in case law to determine what amounts are claimable. In each instance, we must justify the amounts claimed. For example, when claiming medical costs, your motorcycle accident lawyer can present invoices showing medical expenses so far. They will also access medical experts to determine the cost of future treatment.
Wrongful Death in Motorcycle Accidents
The Arkansas Center for Health Improvement confirms that 13% of people who are killed in Arkansas accidents are motorcyclists. The organization notes that Arkansas has maintained an unfortunately high ranking for road accident fatalities compared to other states. However, the percentage cited is close to the national average of 14% share of fatalities reported by the National Safety Council (NSC). It further notes that only 3% of vehicles are motorcycles.
When the accident is caused by another road user, the family of a victim can claim for wrongful death. This type of lawsuit includes similar categories to the typical injury-related compensation, but often at a higher level, and includes funeral costs.
For instance, although an injured motorcycle accident victim can claim lost earnings, they may recover and resume their contributions to their households. When someone dies, their grieving families may be left with serious long-term financial concerns. As a result, the compensation needed is more substantial.
Similarly, the amount of anguish and distress family members experience is far more intense. Although no settlement can make up for losing a loved one, any amount received will help surviving family members experience better financial security in the wake of their loss. Our motorcycle accident lawyer will know how to handle wrongful death claims effectively.
The Role of Insurance Adjusters in Your Claim Process
In most motorcycle accidents, defendants’ insurance companies pay your compensation. They must be vigilant in detecting attempts to inflate claims and ensure that all claims are justifiable, fair, and free from fraud.
Severity and Source of Injuries
A person who has been in a motorcycle accident may later try to claim for injuries sustained elsewhere. It is also possible that they may have falsified testimony that allows them to claim their injuries are much more serious than they really are.
Insurance adjusters must also consider questions like whether a person who was hurt aggravated their injuries by failing to comply with medical professionals’ instructions. If so, they may not be entitled to claim the full cost of their treatment.
Examining Fault
Naturally, insurance adjusters must also examine fault. It would be unjust for an insurance company to pay a larger share of damages than it would under the comparative fault rules we discussed earlier. Your Conway, AR, motorcycle accident lawyer’s investigation of your crash may prove crucial to a successful claim.
Presenting Objections and Negotiating Settlements
Presenting objections and negotiating settlements is part of insurance adjusters’ work. People who attempt to represent themselves are usually ill-equipped to deal with the questions and objections insurance companies raise.
Claimants may inadvertently reduce their own compensation by conceding points they might otherwise prove and accepting low settlement offers to expedite the process. This is particularly true when non-financial damages are at issue.
Accountability to Companies
Finally, insurance adjusters are accountable to their companies and may not be willing to accept high-cost claims. Even with an excellent lawyer to represent you, negotiations may stall. With a strong case to rely on and good representation, litigation is not to be feared. However, you should avoid talking to insurance adjusters lest you say things that may jeopardize your case. Leave this task to your lawyers.
How Long Does it Take to Get a Settlement After a Motorcycle Accident?
It is difficult to know how long you will wait to receive a settlement. However, we can assure you that we will work to streamline your case without jeopardizing your compensation in any way. In many instances, it pays to wait for an acceptable settlement, and the time it takes to achieve this depends on factors like:
- The complexity of your case: For example, we may have to spend time gathering evidence to prove the other party is liable, or negotiations with insurers may be complicated.
- Willingness to settle out of court: We build strong cases, but when your motorcycle accident attorney in Conway, AR, is pursuing a high-value claim, insurance companies may be reluctant to accept an out-of-court settlement.
- Your injuries: To calculate your claim effectively, we must wait for your medical team to reach a point in your treatment when they can predict outcomes with reasonable certainty.
- The jurisdiction in which a case will be heard: If your motorcycle accident case requires attention from the court, it determines the date when it will be heard. Demands on courts vary from jurisdiction to jurisdiction.
Although we cannot guarantee timeframes, we can and will keep you informed about our progress, next steps, and how long we expect them to take. If insurance companies cause unreasonable delays, we will take steps to compel their compliance.
Advantages of Choosing a Local Motorcycle Accident Lawyer in Conway, AR
While choosing a local lawyer is convenient for you, it can also hasten timelines and make investigations more effective. For example, a Conway, AR, motorcycle accident attorney will have a network of expert witnesses nearby and know local officials and how they prefer to work.
Access to local accident reconstruction specialists can be particularly helpful since motorists will often dispute how motorcycle accidents happened. Relationships with local law enforcement officers, though not a promise of preferential treatment, can also help local lawyers get information more easily.
A lawyer based in or near Conway, AR, will also be familiar with road conditions in Faulkner County, understand hazards, and be able to identify the types of accidents likely to occur at certain locations. This can make it easier and quicker to investigate accidents thoroughly since your lawyer is nearby and already has local knowledge.
Common Types of Motorcycle Accidents We Have Encountered as Motorcycle Accident Attorneys
You may wonder whether we have an in-depth understanding of how motorcycle accidents happen and whether we have dealt with cases similar to yours. Given our more than 20 years of experience, there is a strong chance that we have.
In the overwhelming majority of cases, the motorist was negligent in observing the road and failed to see motorcycles. This is supported by the National Highway Traffic Safety Administration’s (NHTSA) drive to promote the use of high-visibility gear among motorcyclists.
When drivers fail to see motorcyclists, and sometimes, even when they do, various types of accidents may occur. Unfortunately, motorcyclists are far more likely to be seriously injured, regardless of the type of accident. This includes:
- Rear-end collisions: The motorcyclist is flung forward, sometimes into the path of oncoming traffic
- Head-on collisions: For example, if a motorist believes it is safe to pass but fails to see an oncoming motorcycle
- Left-turn accidents: If a motorist fails to yield to a motorcyclist who has the right of way
- Open-door collisions: Occur when a vehicle’s door is opened in the path of an oncoming motorcyclist
- Sideswipes: May occur when vehicles switch lanes or attempt to pass
- Collisions at intersections: When drivers fail to yield or grant the right of way
Other motorcycle accidents we have encountered include those caused by road defects and mechanical defects. While the former may be difficult to prosecute when occurring on public roads due to sovereign immunity laws, you should still consult a lawyer to see what can be done in your case. Mechanical failure may point toward negligence on the part of repair shops or manufacturers.
Reasons to Choose LeVar Law Injury & Accident Lawyers As Your Motorcycle Accident Attorneys in Conway, AR
LeVar Law has built its reputation through effective representation and dedicated client service. We work as a team, contributing our combined experience to your case while keeping you informed throughout the process we follow to achieve a settlement or verdict.
We Understand Your Needs
Every person and every accident is different. We never assume we know everything. Instead, we listen to you, consider your circumstances, and work to understand the consequences of your motorcycle accident and what they mean to you as a person. This helps us determine what you need to restart your life after an accident and achieve the most favorable result possible.
Our Team is a Formidable Force
Our lead attorney, Alan LeVar, has worked as a prosecutor and a public defender. His deep understanding of the law helps us construct strong cases. His team of attorneys consists of professionals with strong academic records, multiple achievements, and years of experience. Together, we have made it our mission to safeguard accident victims’ rights.
We limit case loads to ensure that you reap the maximum benefit of choosing strong motorcycle accident attorneys. We want to focus our skills on your case, using a dedicated team of experienced attorneys to develop strategies that place us in a favorable position when negotiating or litigating your claim.
We Will Fight For You In Court If Necessary
Our reputation precedes us, and insurance companies know they are facing strong cases and determined motorcycle accident lawyers. As a result, we can often negotiate acceptable settlements without resorting to litigation. However, when the stakes are high and insurance companies are unwilling to offer fair settlements, we are ready to go to trial.
Because settlement offers are sometimes far lower than our clients deserve, we take many cases to court. The result is generally far higher compensation, which makes litigation a worthwhile solution for our clients. Our courtroom experience is a strong advantage to consider.
We Cater to Everyone in Our Community and Offer Services in Spanish
We believe that any person injured in a motorcycle accident should have access to strong representation, and we treat all our clients alike. We know how important it is for people to communicate on important matters in their first language, and our Spanish-speaking team members are ready to help.
When You Need a Motorcycle Accident Attorney’s Help
If you or a loved one has suffered serious injuries in a motorcycle accident in Conway, AR, call LeVar Law today. We understand the claims process, and dealing with insurance companies can become overwhelming. Let us take the burden off your shoulders and fight for your best interests. Schedule a free consultation today and discuss the details of your case with a motorcycle accident lawyer in Conway, AR.
