Suffering catastrophic injuries in a motorcycle crash can be devastating. Determining causes, proving fault, and handling insurance claims feels daunting. Obtaining experienced legal guidance maximizes compensation essential to cover damages. A Clarkedale personal injury lawyer can help you with compensation.
Common Causes of a Motorcycle Accident
Determining the cause of a motorcycle accident is crucial for identifying liable parties and pursuing legal action. Several factors commonly contribute to motorcycle crashes.
Driver Negligence
Distracted or impaired driving by other motorists is a common cause of any accident, including motorcycle crashes. Drivers turning left in front of an oncoming motorcycle or changing lanes without seeing a bike in their blind spot are also frequent occurrences. These driver actions violate traffic laws and right-of-way.
Road Conditions
Hazardous road conditions introduce risks for motorcyclists as well. Slippery surfaces, unmarked construction zones, potholes, and debris on the road can all cause loss of control. Infrastructure failures like missing signage, poor lighting, or guardrail defects also play a role in accidents.
Mechanical Failure with Motorcycle Parts
Motorcycle defects can be caused, such as tire blowouts, brake failure, or faulty throttle. Lack of proper safety gear for the rider may also exacerbate crash injuries when accidents do occur. This type of accident would fall under product liability.
Potential Compensation You Can Receive
When injured in a motorcycle crash caused by another party’s negligence, you may be entitled to certain types of compensation through a lawsuit or insurance claim. Understanding potential motorcycle accident damages helps set reasonable expectations when seeking recovery. Some of the types of compensation are the following:
- Medical expenses to treat crash-related injuries
- Lost income after missing work during recovery
- Loss of future earnings if disabilities prevent returning to prior occupation
- Property damage to repair or replace your damaged motorcycle
- Pain and suffering damages accounting for physical and emotional trauma
- Loss of enjoyment and companionship due to impaired quality of life
Working with a Clarkdale motorcycle accident lawyer can strengthen your chances of receiving fair compensation. Having legal representation ensures your case is tailored to the full scope of your unique losses and injuries resulting from the motorcycle crash. An attorney makes recovering these damages more feasible.
Determining Who Is Responsible for Damages
If another motorist’s actions directly caused the crash, such as texting while driving, drunk driving, speeding, or violating traffic laws, that driver bears responsibility. Their insurance provider would cover damages up to policy limits. Make sure you have thorough evidence to prove this.
If hazardous road conditions, poorly maintained infrastructure, construction hazards, or missing signage contributed, the government entity responsible for that roadway may share liability and be open to a claim. You would need significant proof of this. Going up against a state or government official can be tricky.
The motorcycle manufacturer may be liable if mechanical failure or defective parts caused or worsened the crash. You would need to go through a product liability lawsuit. A motorcycle accident attorney in Clarkedale can help determine accountability.
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Types of Proof that You Should Never Leave Out
Collecting and presenting key forms of evidence is vital when pursuing injury claims after a motorcycle crash. Certain proof can significantly impact your potential compensation. Some of the proof you should never skip to include in your case is the following:
Accident Report
Police accident reports include a written report on the details of causes, conditions, and fault determinations by investigating officers. Police officers usually include the information they find upon arriving at the scene and talking with individuals when they are called. If you did not report your accident, you need to within 30 days of the incident if injuries exceed $1,000.00.
Witness Statements
Eyewitness statements provide independent views of events. If anyone was around at the time of your incident, do not hesitate to see if they will write a statement. Everyone’s story matching up will help you tremendously.
Photos and Videos
Photo evidence can show property damage, skid marks, and injuries. Depending on where your accident happened, you can see if any nearby homes or office buildings have security cameras. If so, your motorcycle accident lawyer in Clarkedale can help you access this.
Medical Records
Gather your medical records, bills, and expert opinions to strengthen your case further. Crash-related trauma, treatment needs, and prognosis outlook are all important to include in your file. Documentation of lost income resulting from missed work also makes wage loss clear so it can be recovered.
An attorney can help you gather all the necessary documentation to build the strongest injury claim possible. If you are missing something, they can help you get it. Evidence is like the backbone of your entire case.
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Statutes of Limitations in Arkansas
You must file your case promptly when pursuing motorcycle injury claims with a motorcycle accident attorney in Clarkedale. Following strict statutes of limitations is crucial. Missing the legal deadlines can destroy your case.
For motorcycle crashes caused by another driver’s negligence, the personal injury statute of limitations in Arkansas is three years from the date of the accident under A.C.A. §16-56-105. Special rules extend this if the defendant is a government entity. A motorcycle accident lawyer in Clarkedale can help you determine if you have unique specifications for your case.
If your accident involved motorcycle defects or malfunctions that caused the crash, you would follow the Arkansas product liability statute of limitations. The timeframe to file is three years for this type of claim from the date of injury. This may be extended based on the discovery of the product defect.
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Let a Clarkedale Motorcycle Accident Attorney Help You Win Your Case
We know this difficult process can feel overwhelming after the trauma of an accident. The legal system can be tricky to navigate. Let our compassionate legal professionals handle the complex legal parts.
Contact us today for a free consultation to explore your options. We are eager to help you. All you need is to help us provide the proof, and you can focus on getting better after your accident.