Serving clients in Fayetteville and all of NW Arkansas
Driving a motorcycle can feel freeing and exhilarating compared to driving a car or an SUV. Unfortunately, most motorcycle drivers recognize that this sense of joy goes hand in hand with the added danger of driving a motorcycle. Despite the danger, many people still drive motorcycles every day. Just because motorcycles are inherently more dangerous does not mean that motorcycle riders are any less protected by the law.
If you are in a crash with another vehicle, whether it be a car, truck, or another motorcycle, and they are at fault, they are still responsible for your injuries in the eyes of the law. Just because you were on a motorcycle does not mean that they are no longer responsible for the damage they cause to others, or that you are solely riding at your own risk. If your motorcycle crashed in Springdale, or a loved one died in a motorcycle crash in Springdale, contact Ken Kieklak, Attorney at Law.
Motorcycle Injuries Can be Severe
Driving a motorcycle can be extremely dangerous, especially at highway speeds. There is a rule of thumb in motorcycle safety that says if you hit the ground, for every mile per hour over thirty, you will lose one millimeter (in depth) of flesh when you hit the road. That means over an inch deep of road rash at highway speeds.
Falling off a motorcycle at highway speeds can easily cause broken arms and legs, a broken collar bone, broken ribs, and skull fractures. Additionally, you could suffer scrapes and cuts from the road and debris, concussions and traumatic brain injury from hitting the road or obstacles, and you could even break your neck or back and suffer spinal cord injury. And this is all assuming you are wearing proper safety ear.
Because of the dangers of driving a motorcycle, even without other drivers on the road, you should always wear proper protective gear. This means not only a helmet, which is mandatory in Arkansas if you are under twenty-one years old, but also a jacket, proper pants, gloves and – if you can afford it – additional armored gear.
If you are in an accident caused by another driver, you do not have the extra protection of a car surrounding you. Cars are designed to crumple to absorb the force of impact, protecting the occupants. On a motorcycle, not only is all of the force transferred directly into you and your bike upon impact, your arms and legs are also exposed. That means a side collision could easily pin your leg against the motorcycle, possibly could breaking or even severing your leg.
Compensation Is Available for Motorcycle Injuries
Just because you were injured on a motorcycle instead of in a car does not mean you are automatically responsible for your own injuries. Any time there is a car crash or other injury lawsuit in Arkansas, part of a jury’s determination is how the fault is distributed between the parties involved. A jury may consider that riding a motorcycle unsafely or without safety gear makes the rider partly responsible for their own injuries, but the majority of the blame should still be assigned to the other, at-fault driver.
When someone else’s bad actions or negligent driving causes you injury, you can recover against that party for your injuries. Compensation for injury is not limited to just the medical bills, either; anything that comes out of your injury can be held against the responsible parties. That means that your medical bills, lost wages, and pain and suffering are all recoverable from the other driver who harmed you.
Any medical expense that stems from the other person’s bad action is recoverable. That includes not only injuries that may be obviously foreseeable, but any injury that results from their actions, including those attributable to your vulnerable position on a motorcycle. The cost of ambulance rides, surgeries, X-rays, MRIs, physical therapy, and even some medical care equipment like wheelchairs may be recoverable.
Lost wages are also recoverable if you had to miss work or lost your job due to your injury. Even if you are no longer able to work because of your injuries, the wages you are missing out on are recoverable from the responsible parties.
Arkansas courts can also reimburse you for your pain and suffering. While it is clearly difficult to put a price tag on pain, juries typically do their best to award you what is reasonable. Additionally, since Arkansas’ constitution prohibits any legal limit or “cap” on damages, you can receive as much as is fair.
Springdale Motorcycle Accident Lawyer Ken Kieklak Can Help You
If you were hurt in a motorcycle accident in Springdale, or a loved one was hurt or injured, call Ken Kieklak, Attorney at Law. Ken is an experienced personal injury lawyer in Springdale and throughout Northwest Arkansas who is currently taking on motorcycle accident and other personal injury cases. For a free consultation, call (479) 251-7767.
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