Long recovery times and a lot of financial pressures are often faced by the victims of motorcycle accidents. It is therefore natural for many to wonder about the value of their Arkansas motorcycle claim and whether the suffered damages would be covered by the compensation in a sufficient manner. Each claim is unique, which means the potential value of your claim may not be the same as that of another rider injured in an accident. The outcome of your complaint can be determined based on several factors.
According to the Arkansas State Police Department, there were a total of 1,326 motorcycle crashes in Arkansas, in 2014. Out of which 64 were fatal and 1,108 were non-fatal accidents.
The Parties Involved and Their Liability:
One of the prime factors that would typically determine the outcome of your Arkansas motorcycle accident compensation claim is whether the other party was 100% liable or not. Because we follow a guilt system, you can still claim compensation for your damages against the other party’s insurance if you are not responsible for 51% or more of the accident. However, this percentage will be deducted from the final settlement amount if liability is established.
If you are 51% or more responsible for the accident, you will be barred from any compensation.
Another consideration that may affect the amount of compensation you might receive for your damage is insurance; and the fact that if it is available to cover the damage or not. You may need to go through the underinsured/uninsured (UM/UIM) section of your motorcycle insurance policy if the responsible party is underinsured or uninsured. Remember that you cannot claim compensation for damage to your motorcycle through your auto insurance. Separate insurance must be purchased and you must meet at least the minimum coverage requirements.
Optional coverage that you may want to look into also constitutes UM/UIM coverage and medical expense coverage. However, researching other coverage options is also a good idea as you might find those to be helpful.
Helmet and Other Safety Equipment:
Wearing other recommended safety equipment or a helmet can save your life if you are in an accident. Some states, however, do not require it unless motorcyclists are under 18 or still using their learner’s permit.
If you choose not to wear a helmet or protective gear, you are still in a position to pursue your compensation case. It should be noted, however, that you may be assessed with some liability when it comes to your injuries; This may also affect the final value of your claim.
Extent and Severity of Injury:
Your claim will likely be worth considerably less than a collision that caused you long-term injury or death compared to you only suffering minor injuries in your motorcycle accident. Your claim is directly affected by the various damages you may have suffered. These can include medical expenses, property damage, and lost wages. Additionally, claims for more serious motorcycle accidents are likely to only result in situations where there is more pain and suffering involved compared to a minor accident.
One of the unique challenges of an Arkansas motorcycle claim is to address and overcome certain generalized perceptions that often circulate around motorcyclists. There are certain biases with insurance adjusters, police officers, and even court judges and they believe that motorcyclists have the following attributes:
- They are rebellious and reckless drivers
- They ignore every safety law
- They engage in excessive speed
- They are usually associated with gang members or messy thugs
How Injured Victims Can Help or Hinder Their Arkansas Motorcycle Claim:
Sometimes injured victims on motorcycles and other traffic accidents can damage their claims, such as:
- Not contacting the police after an accident who can help you first in creating an official record
- Delaying medical care which could not only jeopardize your health and your ability to make a full recovery, but also the value of your claim
- Apologizing or accepting blame, on the spot or later. Let the investigators determine whose responsibility it was
- Posting anything on social media before the evolvement of your motorcycle claim
The best way for injured motorcycle victims to help them with their claim is to contact an experienced lawyer who is ready to help protect their motorcycle claim during the legal process.
Injured In a Motorcycle Accident?
Having an experienced lawyer working on your side can help you get the most out of your claim and maximize its value. If you have been injured in a motorcycle accident and are seeking compensation for your injuries and other losses, our trained attorneys are ready to work around the clock on your behalf. Contact us today to find out what to do for an Arkansas motorcycle claim.