Bicycling through Jonesboro offers a unique way to experience the beauty of Northeast Arkansas, whether you are commuting to Arkansas State University, riding through Craighead Forest Park, or just enjoying a weekend trip through our local neighborhoods.
Even if you’ve followed Arkansas bike safety laws, accidents are unfortunately common. When a collision occurs, the cyclist almost always bears the brunt of the physical trauma. If you have been hurt while riding, you need a legal team that understands the specific challenges of these cases.
LeVar Law Injury & Accident Lawyers provides dedicated support for victims seeking a Jonesboro bicycle accident attorney who can help them reclaim their lives and financial stability. If you are searching for a bicycle accident lawyer near you after a frightening crash, we are here to help. For a free consultation, contact our law firm online.
Bicycle Accidents in Jonesboro: When a Driver Is Legally Responsible
In Jonesboro, as in the rest of Arkansas, bicyclists have the same rights and responsibilities as motorists on the road. Unfortunately, many drivers fail to respect these rights, leading to devastating collisions.
Proving Liability
For a driver to be held legally responsible for your injuries, it must be proven that they were negligent. Negligence essentially means the driver failed to act with the level of care that a reasonable person would have used in the same situation.
Proving liability requires a deep dive into the facts of the crash. Was the driver speeding near the A-State campus? Did they fail to yield the right of way at a busy intersection like Red Wolf Boulevard and Johnson Avenue?
Comparative Fault
Comparative fault rules govern legal responsibility in Arkansas. This means the defense will often try to shift the blame onto the cyclist to reduce the amount they have to pay. They might claim you weren’t wearing reflective gear or that you moved unpredictably.
Common Causes of Bike-Vehicle Crashes
Bicycle accidents rarely happen without a reason. Most are the result of specific driver errors that could have been avoided. Understanding these common causes helps us build a stronger case for your compensation.
Left Turns (The “Left Cross”)
One of the most dangerous scenarios for a cyclist in Jonesboro is the “left cross.” This happens when a motorist turns left at an intersection or into a driveway and fails to see a cyclist coming from the opposite direction. Drivers often look for larger vehicles like cars and trucks, but tune out smaller profiles like bicycles.
This failure to yield the right of way can result in a head-on or T-bone collision that is frequently fatal or leads to catastrophic injury.
Dooring
In busy areas of downtown Jonesboro or near residential complexes, dooring is a constant threat. This occurs when a driver parks their car and opens the door into the path of an oncoming cyclist without looking. The cyclist has almost no time to react, leading to a high-speed impact with the door or a swerve into moving traffic.
Drivers have a legal obligation to check for passing traffic, including bikes, before opening their doors.
Distracted Driving
With people always on their phones, distracted driving has become a leading cause of bike accidents. Whether a driver is texting, on social media, or anything else, a few seconds of inattention is all it takes to drift into a bike lane or fail to notice a cyclist stopped at a light.
Because cyclists are smaller and quieter than cars, they are often the first victims of a distracted motorist’s negligence.
Unsafe Passing
Many drivers are impatient when sharing the road with cyclists. They may attempt to pass a bike in a tight spot or without giving enough room. When a car passes too closely, the wind blast or a slight mirror clip can knock a cyclist off their bike.
Arkansas Bike Laws That Often Matter
To successfully pursue a bicycle accident claim, it is important to understand the statutes that govern road sharing in Jonesboro and greater Arkansas. Arkansas has enacted several laws designed to protect cyclists, and a violation of these laws by a motorist is powerful evidence in your favor.
The Three-Foot Passing Rule
The most significant protection for cyclists is the three-foot passing rule. Under the Arkansas Code, a motorist overtaking a bicycle proceeding in the same direction must pass at a safe distance of no less than three feet.
This law acknowledges that bicycles are unstable compared to cars and need a buffer zone for safety. If a driver clips you or forces you off the road because they refused to give you those three feet, they have broken the law.
The Arkansas Stop
Arkansas law also permits cyclists to treat stop signs as yield signs under certain conditions (referred to as an Arkansas Stop), allowing riders to maintain momentum through an intersection when it is safe to do so.
This is sometimes misunderstood by drivers, who may assume a cyclist was running a stop sign when they were actually riding legally. If a driver’s misunderstanding of this law contributed to a collision, it matters to your case.
What to Do After a Bicycle Accident
The moments following a crash are overwhelming, but the actions you take can significantly impact both your health and your legal claim. If you are physically able, taking these steps will help your Jonesboro personal injury attorney build a strong case.
- Seek Immediate Medical Care: Even if you feel “fine” or just have some scrapes, you must see a doctor. Adrenaline can mask serious internal injuries or concussions. A medical record created immediately after the crash is the most important piece of evidence linking your injuries to the accident.
- Call the Police: Always ensure a police report is filed. In Jonesboro, the police department or Craighead County Sheriff’s Office will document the scene, take statements, and sometimes issue citations to the driver. This official record is a foundation for your claim.
- Gather Evidence at the Scene: If possible, take photos of the vehicle that hit you, your bicycle, the road conditions, and any visible injuries. If there are witnesses, get their names and phone numbers.
- Protect Your Gear: Do not fix your bike or throw away your damaged helmet or clothing. These items are physical evidence of the force of the impact and the direction of the hit.
- Contact a Bicycle Accident Lawyer: Before talking to the driver’s insurance company, speak with an attorney. Insurance adjusters are looking for ways to minimize your payout; we are looking for ways to maximize it.
How Fault Is Proven
In a bicycle accident case, the burden of proof lies with the injured party. This means you must demonstrate that the driver was more likely than not at fault for the accident (preponderance of the evidence). At LeVar Law Injury & Accident Lawyers, we do this through:
- Police Reports: While the report itself may not always be admissible in court, the officer’s notes, diagrams, and citations provide a roadmap for our investigation.
- Witness Testimony: Neutral third parties who saw the crash are incredibly valuable. We track down witnesses to get their recorded statements while their memories are fresh.
- Video Surveillance: Jonesboro has many traffic cameras, and many businesses have security cameras facing the street. We work quickly to secure this footage before it is looped over or deleted.
- Crash Reconstruction: In complex cases, we work with accident reconstructionists who use physics and data from the vehicle’s “black box” to determine speed, braking patterns, and the point of impact.
- Digital Evidence: We may seek records to see if the driver was using their phone at the exact time of the collision, proving distracted driving.
Insurance Issues in Bike Crashes
Dealing with insurance after a bike accident is often more complicated than a standard car-to-car collision. Many people assume that if they weren’t in a car, their own auto insurance doesn’t apply. This is often incorrect.
Hit-and-Run Accidents
Unfortunately, some drivers flee the scene after hitting a cyclist. If the driver is never found, you may feel like you have no recourse. However, if you have uninsured motorist (UM) coverage on your own auto policy, it may cover your medical bills and damages even though you were on a bicycle.
Underinsured Motorist Coverage (UIM)
Bicycle injuries are often severe, and the medical bills can quickly exceed the driver’s policy limits. In these cases, we look for underinsured motorist (UIM) coverage. This allows you to collect additional compensation from your own insurance carrier if the at-fault driver’s insurance isn’t enough to cover the full extent of your losses.
Dealing with the Driver’s Insurance
The driver’s insurance company will likely contact you soon after the accident. They may offer a quick settlement that looks like a lot of money, but actually fails to cover future medical needs or long-term lost wages. They may also try to record you and use your words against you. LeVar Law Injury & Accident Lawyers handles all communication with the insurance companies, so you don’t have to.
Compensation for Injured Cyclists
The goal of a personal injury claim is to make you “whole” again, at least in a financial sense. When we calculate the value of your case, we look at both economic and non-economic damages.
- Medical Bills: This includes everything from the ambulance ride and ER visit to surgery, physical therapy, and future medical requirements.
- Lost Wages: If you cannot work while recovering, you are entitled to the income you lost. If your injuries prevent you from returning to your previous job, we also pursue loss of earning capacity.
- Pain and Suffering: This compensates you for the physical pain and emotional distress caused by the accident. Bicycle accidents can be traumatic, leading to anxiety, PTSD, and a loss of enjoyment of life.
- Bike and Gear Damage: Your bicycle, helmet, cycling computer, and specialized clothing can cost thousands of dollars. We ensure these property losses are included in your claim.
Frequently Asked Questions About Bike Accidents
How long do I have to file a bicycle accident injury claim in Arkansas?
In Arkansas, the statute of limitations for personal injury claims, including bicycle accidents, is generally three years from the date of the accident. While you may have three years, waiting is inadvisable.
What if the driver says the crash was my fault or that I was partly responsible? Can I still recover?
Yes. Arkansas follows a modified comparative fault rule. You can still recover compensation as long as you are less than 50% at fault for the accident. However, your total recovery will be reduced by your percentage of fault.
For example, if a jury decides you were 20% at fault because you weren’t using a light at dusk, and your total damages are $100,000, you will receive $80,000.
Should I give a recorded statement to the driver’s insurance company?
No. You are not legally required to provide a recorded statement to the other driver’s insurance company. These adjusters are trained to ask trick questions that can make it sound like you were at fault or that your injuries aren’t serious. It is always better to have your bicycle accident lawyer handle these communications for you.
What if there weren’t any witnesses (or the driver took off)? What evidence can still prove my case?
Even without eyewitnesses, we can build a strong case using physical evidence. Skid marks, the resting position of your bike, the damage patterns on the vehicle, and footage from nearby doorbell cameras or traffic sensors can all tell the story of what happened.
Contact Our Jonesboro Bicycle Accident Attorneys Near You
When you are looking for a bike accident lawyer, track record and local knowledge matter. Alan LeVar and his team have spent years representing the people of Jonesboro and Craighead County. We know the local roads, we know the local courts, and we know how to stand up to big insurance companies. For a free consultation with our Jonesboro bike accident lawyers, contact our law firm today.