Motorcycle accidents in Marion produce some of the most serious, often fatal, outcomes. Riders and passengers are especially vulnerable upon impact with another vehicle, object, or the road itself. Pedestrians are even more vulnerable, with nothing to protect them when hit by an out-of-control motorcycle.
The medical costs, income changes, and suffering caused by a motorcycle accident demand substantial financial compensation. To get every dollar you deserve, partner with a Marion personal injury lawyer from Gatti, Keltner, Bienvenu, and Montesi as soon as possible after your accident.
Arkansas Motorcycle Accident Facts
For the most recent full year of data collection, the Arkansas Department of Transportation reported 1,259 motorcycle-involved accidents. Of this total,
- 82 resulted in fatalities
- 293 involved serious injury
- 470 involved suspected minor injury
- 134 were speed-related
- 43 involved driving while impaired
Arkansas has the third-highest state ranking for motorcycle accidents per 10,000 riders.
Causes of Fatal Motorcycle Accidents in Marion
Determining the cause of your motorcycle accident is critical to the success of your case. An experienced fatal motorcycle accident attorney in Marion will examine all aspects of your accident to arrive at the cause.
Causes of accidents vary, but there are some more common scenarios.
Driver Error or Negligence
Drivers who operate their vehicles while impaired or fatigued or who drive recklessly put all others on the road at risk. If drivers are distracted, even just for a moment, they can miss a traffic signal or fail to stop in time to avoid a collision. Drivers have a responsibility to drive lawfully and carefully to preserve the safety of all others sharing the road.
Road Conditions
Municipalities or federal government offices are responsible for maintaining safe road conditions and ensuring all traffic signals and street lighting is in proper working order. If construction work is being done on a road, caution signs and other measures must be in place to prevent accident-causing situations.
Vehicle Malfunction
Motorcycle and part manufacturers and installers are accountable for producing safe vehicles and guaranteeing all components and systems, such as steering and braking, are intact.
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Holding Negligent Parties Accountable with a Wrongful Death Claim
Once your Marion fatal motorcycle accident attorney identifies the cause of the accident, you can file a wrongful death claim against the responsible party.
Arkansas defines wrongful death as one “caused by a wrongful act, neglect or default” perpetrated by another person, company, or corporation. A negligence-based accident, such as a motorcycle accident caused by another party’s negligence, fulfills Arkansas’ definition.
Eligibility for Filing a Wrongful Death Claim
Had your loved one survived the accident and had grounds for filing, they could have filed a personal injury claim to collect compensation from the negligent party. Since your loved one died and is unable to file a claim on their own behalf, Arkansas allows the deceased’s “personal representative” or executor to file a wrongful death claim.
If the victim does not have an executor, then “heirs at law” are permitted to file. Eligible heirs at law include:
- The victim’s surviving spouse, children, parents, or sibling
- The person serving “in loco parentis,” or as a legal guardian to the deceased
- A person who the victim stood “in loco parentis” for at any time in the victims’ life.
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How a Settlement Will Help You Recover
The emotional trauma of losing a loved one to a fatal motorcycle accident is enough to bear. Unfortunately, the consequences do not stop with that loss. Your finances will also take a serious hit as you adjust to life without the income and other contributions your loved one made to your household.
GKBM’s lawyers have successfully handled wrongful death claims for almost five decades. Your lawyer will review the specifics of your situation and make the appropriate demands for compensation. Though each case is different, you can expect to see:
- Recovery for medical expenses if your loved one survived the accident and received medical treatment but ultimately succumbed to their injuries.
- Recovery of income lost and other job-related benefits. Your attorney will consider your loved one’s age and earning potential to calculate this amount.
- Compensation for property damaged in the accident
- Financial acknowledgment of your emotional and physical suffering and loss of affection
- Compensation for additional expenses incurred by your accident. For example, if you need to hire outside help for childcare or household chores, or other necessities your loved one managed, your attorney will seek coverage for these expenses.
- End-of-Life costs, such as funeral and burial expenses.
Recovering these damages will put you and your household on solid financial ground and bring a sense of justice for what you have lost.
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How Arkansas Laws Can Affect Your Settlement
Arkansas has a three-year statute of limitations for filing a wrongful death claim. While that may seem like a lot of time, you put yourself in the best position for a substantial settlement when you secure legal representation from a fatal motorcycle accident lawyer in Marion quickly.
With early access to your case, your attorney has time to collect comprehensive evidence, consult with experts, and contact witnesses. By gathering this information, your lawyer can definitively identify the negligent party and build a strong case on your behalf.
Further, if any complications arise, your lawyer will have plenty of time to address them and still file within the three-year deadline.
Modified Comparative Fault Laws
Arkansas is a fault state and follows a modified comparative fault system. This means those responsible for causing an accident must pay their victim’s damages. However, if the victim, in this case, your loved one, bears some of the fault for the accident, the settlement amount will be reduced by their percentage of fault.
The at-fault party’s representatives will do their best to put as much of the fault as possible on your loved one. Regrettably, insurance companies are known to resort to unethical means to avoid payouts.
Your Marion fatal motorcycle accident lawyer is well-equipped to protect your loved one from unfair accusations and your settlement from unfair reductions. Leave all communicating and negotiating in your attorney’s hands.
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Our team understands how challenging this time is for you. GKBM is here to help you find financial recovery and justice.
You can contact us today to speak with a caring, experienced Marion fatal motorcycle accident lawyer. The case review is free and you will not pay any legal fees until we secure your settlement.