Motorcycle Accident Attorneys in Conway
According to the National Highway Transportation and Safety Administration, there were 64 people killed in Arkansas motorcycle accidents in 2019. The problem has been getting even worse recently. For example, five motorcyclists across the state died in crashes in one weekend alone in September 2021.
Why Motorcycle Crashes Are Increasing
In general, motorcycle crashes are increasing both in Arkansas and nationally for the following reasons:
- Drivers have adopted more reckless behaviors since the beginning of the pandemic.
- Distracted driving has increased, and motorists do not see motorcyclists before they hit them.
- More drivers are drinking before they get behind the wheel.
- There is a general breakdown in following traffic laws.
- Fewer cars on the road during the pandemic means that more drivers speed.
Motorcycle crashes are more frequently caused when cars are making left-hand turns. The drivers do not see the motorcyclist because the bike is not at eye level with the driver. The motorist will cut off the motorcyclist and hit them or force them off their bike. If the driver does not see the motorcyclist, it is not an excuse because the driver has a legal obligation to scan their field of vision for the driver.
Motorcycle Crashes Result in Serious Injuries
Motorcyclists are far more likely to be seriously injured in a crash. The motorcyclist has nothing to protect them. Usually, they will be thrown from their bike in a crash and fall to the pavement at high speed. There is nothing to absorb the impact of the crash. The car may even hit their body in a crash.
Even a motorcyclist who wears all the latest safety gear stands a significant chance of being injured in an accident. Roughly 70% of motorcyclists will suffer some kind of physical injury in a crash, ranging from minor to more severe. The damage is more severe when the motorcyclist is not wearing a helmet (Arkansas repealed a law that required bikers to wear helmets).
Motorcyclists may suffer the following injuries in a crash:
- Broken bones
- Internal injuries
- Head and neck injuries
- Road rash (when their body scrapes on the pavement)
- Organ damage
- Soft tissue injuries
- Traumatic brain injuries
- Spinal cord injuries
Roughly 5% of motorcyclists will not survive their accident. In that case, the family has a legal right to damages if you can prove that someone else was to blame for the crash.
How to Win a Motorcycle Accident Case
In order to win a motorcycle accident case, you must show that the driver was negligent. There is a four-part test, and you need to show every element to demonstrate negligence:
- The driver owed you a duty of care (and they owe this to motorcyclists on the road around them).
- They breached the duty of care by acting unreasonably under the circumstances.
- You suffered an injury.
- You would not have been injured but for the wrongful actions of the driver.
In order to prove negligence, you must gather evidence that shows what happened in your crash.
Insurance Companies Have a Special Dislike of Motorcyclists
When you file an insurance claim as an injured motorcyclist, you run into the unpleasant reality that insurance companies do not like motorcyclists. They know that the average value of a motorcycle accident claim is higher, so they do everything that they can to avoid the responsibility of paying for all the damages. Cynically, they take advantage of the fact that the motorcyclists are perceived to be riskier than drivers in an effort to pin all or part of the blame for the accident on the biker.
You will need to deal with the driver’s insurance company whether you choose to file a claim or lawsuit. If you sue the responsible driver, the insurance company will be defending them in court because they have a legal duty to do so. Dealing with insurance companies means adjusters and defense attorneys who are trained to make your life more difficult.
You need an experienced motorcycle accident lawyer to help you cut through the red tape that insurance companies specialize in every day. Even though you are the plaintiff, your attorney may need to defend you from the insurance company’s accusations because they will cost you money otherwise.
Motorcycle accident claims are usually worth more than other cases. There is no special rule for this – it is because motorcycle accidents are more serious than other crashes. In any motorcycle accident, you have a legal right to full damages to cover both your actual losses and the experience that you have had to deal with since the accident. The rule of thumb is that the insurance company does not want to pay you what you deserve because the money comes out of their account.
Therefore, you need to adjust your thinking about the insurance company. They are not your friend, and they are not a jury. Instead, they are just an intermediary who tries to settle the case on terms that are most favorable to themselves. If necessary, you can turn up the pressure on the insurance company, and this is exactly what we know how to do.
Call a Conway Motorcycle Accident Lawyer
If you or a loved one have been injured in a motorcycle accident, you need an advocate throughout the legal process because it will make a difference in whether you receive financial compensation and how much you can get. Call the attorneys at Denton & Zachary today at 501-273-1695 or message us online to schedule your free initial consultation.
Motorcycle Accident Case FAQs
Do I need a lawyer for a motorcycle accident case?
People who have attorneys will do far better financially than those who do not, but the choice is up to you.
How much is my motorcycle accident case worth?
Claimants are paid based on their own damages, and we will put a value on your case before you file the claim.
How much does a motorcycle accident lawyer cost?
We are paid a percentage of your proceeds, but only if you win your case.