Hot Springs, AR Motorcycle Accident Lawyer
When negligent drivers seriously injure motorcyclists in Hot Springs, victims can file lawsuits to recover the necessary damages.
After a motorcycle crash, our lawyers can assess the evidence to determine if the defendant might use a comparative fault defense. If so, we may have to show that you did not contribute to the accident so the jury does not reduce your total damages. This will require evidence like eyewitness statements, expert witness statements, and surveillance footage, which we can gather when investigating the accident in question. We can then help you file your claim within three years of the collision, which is the deadline to sue for motorcycle accident injuries in Hot Springs.
To get a free and confidential case assessment from our Hot Springs, AR motorcycle accident lawyers, call (479) 316-0438 today.
Weighing Fault for Motorcycle Crashes in Hot Springs, AR
Arkansas is a comparative fault state. Under Ark. Code. § 16-64-122, in an injury action, a victim can recover compensation if they share fault for an accident, as long as they are not more at fault than the defendant or share blame equally with them. If a jury decides a victim is comparatively negligent, they will reduce compensation in proportion to the victim’s percentage of negligence.
This is a common issue in motorcycle injury claims because such accidents are often complex. For example, a defendant might argue that a victim was following another car too closely, so close that the defendant could not see them when merging into their lane, resulting in an accident. In this instance, the jury would consider if the victim’s tailgating was negligent and a contributing factor to the accident.
Discrediting comparative fault defenses from defendants is important. Otherwise, victims risk losing access to crucial compensation. To thwart a comparative fault defense, we can show how your actions, even if irresponsible, are unrelated to the accident. For example, suppose you did not have a helmet on during the accident but sustained a leg injury. Your lack of head protection did not cause the accident or leg injury, so your compensation should be unaffected in this instance.
Filing a Motorcycle Accident Lawsuit on Time in Hot Springs, AR
Every motorcycle accident victim should pay attention to the statute of limitations and how it applies to their case. Missing the filing deadline is one of the surest ways to jeopardize your case.
According to Ark. Code. § 16-56-105, the statute of limitations for motorcycle injury claims is three years. Generally speaking, this should be ample time to prepare and file your claim. However, it is important to start the preparation process early to have enough time to investigate the matter and build a strong case.
Our motorcycle accident lawyers will immediately look into the accident’s circumstances and identify the at-fault party’s specific negligent actions. We can work to gather evidence that supports your claim, such as footage from nearby surveillance systems. We can also review the accident report to learn additional information about the crash.
As we build your case, we will document your losses due to the accident in question. For example, your medical expenses and lost wages will be compensable, so tracking them is important. When we ultimately file your claim, we can request your desired compensation for various economic and non-economic losses.
Witness Statements to Get for your Motorcycle Injury Claim in Hot Springs, AR
Our lawyers may get witnesses to give statements regarding your case. For example, eyewitnesses can give first-hand accounts of a crash, while expert witnesses can give their professional and unbiased opinions on some more complex parts of your claim, like your injuries.
Eyewitness Statements
If your injuries permit, try to talk to eyewitnesses when you are at the accident location in Hot Springs. Ask for their information, like their names and phone numbers. You can inform them that our lawyers may reach out to interview them about what they saw. Eyewitness testimony is evidence in motorcycle accident claims and can be especially compelling when supported by additional information, like photos of the accident scene and the victim’s statements.
Expert Witness Statements
Depending on the specifics of your claim, getting expert witnesses may be necessary. For example, an accident reconstruction expert may review property damage to your motorcycle and other involved vehicles, photos from the site, and information from the police report to determine the root cause of the crash. They can then testify about their findings in court if your case goes to trial in Hot Springs.
Additionally, medical experts can give helpful statements and clarify complex matters surrounding a victim’s injuries or anticipated physical recovery. For example, suppose you claim pain and suffering from a permanent back injury. In that case, a medical expert can testify about whether or not you will recover from the injury and what your quality of life may be. These types of witness statements can help victims recover compensation for economic and non-economic damages following motorcycle accidents.
Negotiating Motorcycle Accident Settlements in Hot Springs, AR
When negotiating with the defendant’s counsel, it is important to consider your total damages. Otherwise, you might accept an unfair settlement.
Settlement negotiations are common in motorcycle injury claims. During this time, the defendant might propose an amount they are willing to pay you to end the matter. While that might be appealing initially, the first offer you get could be low.
We can respond to this offer by explaining why you deserve additional damages, possibly by leveraging the evidence we have gathered to support your claim. If the defendant refuses to settle at a fair amount that would compensate you for your injuries, you can take your case to court in Hot Springs.
Call Our Motorcycle Accident Attorneys in Hot Springs, AR Today
Call our motorcycle accident lawyers at (479) 316-0438 to set up a free case analysis today.