Morrilton, AR Motorcycle Accident Lawyer

When you ride, you want to experience the exhilaration of the road and expect other drivers will respect your rights to the road. Unfortunately, too many drivers do not give riders this courtesy, instead causing them severe injuries.

You deserve compensation when another person’s negligence injures you, and our lawyers are here to help by collecting evidence and filing a lawsuit. In most cases, victims only have a couple of years to file a lawsuit, which is far less time than most think. Victims’ medical treatment can be extensive, taking time to appreciate the impact the accident will have fully. Medical bills and lost wages are often high, but victims are also entitled to pain and suffering, which can greatly increase their compensation if their physical pain is likely to last the remainder of their lives.

Call our firm at (479) 316-0438 to schedule a free case review with our motorcycle accident lawyers today.

Starting a Motorcycle Accident Lawsuit in Morrilton, AR

Many motorcycle accident victims do not wait long to start their legal claims, as they often have damages they cannot afford and did not cause. The fact is that negligent drivers cause most motorcycle accidents. To hold them responsible, you must file your lawsuit before the “statute of limitations” runs. Ark. Code. § 16-56-105 gives you three years to file a claim, but this is not much time when you consider the evidence and medical recovery typically involved in these claims.

If you need more time to prepare your claim, our motorcycle accident attorneys can determine if an exception to the law applies to your situation. Remember that these exemptions are rare because they represent exceptional circumstances, so do not assume you have more time. The statute of limitations is one of the few legal rules without ways around it. If you file after it passes, the court will not allow the case to proceed.

Some situations will cause the statute of limitations to “toll,” which means to stop the time from counting. For instance, the time will not count against you if the other driver gave you a false identity, left Morrilton before you could file a claim, or acted improperly in any other way to prevent the action against them, according to § 16-56-120. This exception can be especially helpful if you are the victim of a hit-and-run accident and having trouble identifying the driver.

In the worst cases, negligent drivers cause the death of a rider, leaving family members to deal with the damages. Whether the motorcyclist fought for survival in the hospital after the accident or passed on the scene, their right to sue will transfer to certain surviving family members and representatives of the estate, who have one year from the date of death to file a wrongful death claim under § 16-56-117(a).

Victims with certain disabilities or under 21 years old when the crash happens will also have additional time to file under § 16-56-116(a). An injury victim will have three years to file upon reaching full adult age, or the disability is removed.

Who to Sue for Your Motorcycle Accident Damages in Morrilton, AR

Most motorcycle accident claims are between the injured rider and the negligent driver. Still, it is important to accurately determine how the other driver caused the accident. You must prove the other driver’s negligence to recover compensation. For example, if the driver was speeding or illegally changed lanes and the police gave them a ticket, the traffic violation will be used as evidence of negligence. Drivers can still be held liable if they act unreasonably compared to other drivers, such as following behind you too closely.

The case will be more complex if the negligent driver is a commercial one, like a trucker. Different legal rules are involved in cases against commercial drivers. For instance, if the driver works directly for a company and causes an accident while on the job, we can sue the driver and the employer under the principle of “vicarious liability.” However, we cannot typically hold an employer responsible for an independent contractor, which is what many Amazon delivery drivers are classified as. Commercial drivers are also held to professional standards that we can use to argue negligence if they are violated, such as driving time limits.

Sometimes, your bike is responsible for the crash. More specifically, a motorcycle part or the design caused the accident, or it was negligently repaired. If the flaw is inherent in the bike’s design, we would sue the designer, like Harley Davidson. However, negligence could lie with the manufacturer who assembled the motorcycles. If a wheel came off after recently getting your tires rotated, we might need to file a lawsuit against the mechanic or repair shop.

Motorcycle Accident Damages You Can Recover in Your Morrilton, AR Lawsuit

“Damages” is the legal term used to describe all the losses stemming from the defendant’s negligence. Some of your damages will be financial, like medical bills, while other will be non-economic, based instead on the impacts you have suffered. It is important to have a lawyer thoroughly review your damages so you do not accept a low settlement offer and account for future costs you might not know you need.

Your economic damages include any financial losses you have. Medical expenses typically account for most of these damages, but you can also claim current lost earnings and loss of earning potential in the future if your injuries are serious. Medical experts can also help us determine your future medical needs, like corrective surgeries. The costs to cover your damaged bike should also be included in this calculation.

Non-economic damages represent the losses that cannot be added up financially, like physical pain, mental anguish, and PTSD. Many injured riders contend with significant physical and emotional harm after a crash, which can greatly increase the compensation they receive.

Contact Our Motorcycle Accident Lawyers in Morrilton, AR Today for Help

For a free case assessment with our motorcycle accident attorneys, contact us at (479) 316-0438.