Arkansas is one of a group of states whose motorcycle helmet law does not require all persons riding upon a motorcycle to wear a helmet. In 1997, Arkansas repealed its former mandatory helmet law.
However, it’s still highly advisable to always wear a helmet on a motorcycle. One study
found that the percentage of non-helmeted riders who died at the scene of a motorcycle accident rose sharply in the three years following Arkansas’ change to its motorcycle helmet law, compared to the three-year period prior to the law change.
In addition to the risk of serious injury or death when getting into a motorcycle accident without a helmet, not wearing a helmet can also impact your rights to compensation in a motorcycle accident claim.
Under Arkansas’ comparative negligence system, the compensation you may be entitled to in a motorcycle accident claim can be reduced in proportion to your share of fault for the accident and your injuries. An insurance company or jury may see a failure to wear a motorcycle helmet as causing or contributing to your injuries, potentially resulting in your being assigned a share of fault and losing out on compensation.
At Pfeifer Law Firm, we can help you understand how Arkansas motorcycle helmet laws might affect your motorcycle accident claim and rights to compensation. Our firm is dedicated to helping you obtain fair and full compensation for the injuries and losses you suffered. When you choose Pfeifer Law Firm to represent you in your case, you can expect a one-on-one approach from Attorney Paul Pfeifer – he’ll ensure you understand what to expect through each stage of your claim.
Contact us today for a free initial case evaluation if you’ve been injured in a motorcycle accident
in Arkansas and have questions about how the state’s motorcycle helmet laws might affect your case.
Motorcycle Helmet Laws in Arkansas
In 1997, Arkansas repealed its “universal” motorcycle helmet law that required all operators and passengers on motorcycles to wear a helmet. Currently, Arkansas law only requires helmets for persons under the age of 21 riding a motorcycle. However, all motorcycle operators are still required to wear eye protection, which may take the form of protective glasses, goggles, or a face shield on a helmet.
Injuries Caused by Reckless Drivers
Motorcycle accidents caused by other careless or reckless drivers can result in a wide variety of injuries for a motorcycle rider, including:
- Road rash
- Broken bones
- Soft-tissue injuries such as torn ligaments, tendons, or muscles
- Neck and back injuries
- Whiplash injuries
- Spinal column injuries and spinal cord injuries
- Crush injuries
- Internal organ injury and internal bleeding
- Perforation injuries
- Traumatic amputations
Of course, motorcycle helmets greatly reduce the risk and severity of head injuries and traumatic brain injuries in motorcycle accidents.
Why You Need a Motorcycle Accident Lawyer
Having legal representation following a motorcycle accident can prove important for several reasons, including:
- An attorney can advise you about your rights and the strength of your case. A motorcycle accident lawyer will know the law and can apply it to the facts of your case to give you a sense of the strength of your legal claim and whether you have a good chance at successfully recovering compensation for your injuries and losses. A motorcycle accident lawyer will also have experience in resolving claims and can also advise you as to the value of your case, including what compensation you might receive for pain and suffering or lost quality or enjoyment of life.
- An attorney can perform a thorough investigation of the accident. A motorcycle accident lawyer knows what types of evidence can help an injured rider successfully prove their case. The lawyer will know how to recover that evidence. Your attorney can also perform the time-consuming work of investigation, including interviewing or deposing the other motorists involved in the accident, bystanders who may have witnessed the crash, and expert witnesses.
- An attorney can ensure your claim paperwork is properly completed and filed. Having a correctly filed insurance claim or lawsuit is needed to ensure your claim proceeds. Errors or omissions in your filings, or not timely filing your claim, may result in your claim being delayed or even dismissed. An attorney can make sure that your claim is processed without a hitch.
- An attorney can handle settlement negotiations. Trying to negotiate with insurance company representatives or defense attorneys can seem like a stressful experience if you’ve never done it before. An experienced attorney can pursue a negotiated settlement on your behalf, ensuring that any settlement you accept will provide you with fair and full compensation.
- An attorney can protect your rights and interests throughout the claims process. If insurance companies or at-fault parties try to evade their liability to you, an attorney can push back and work to hold them responsible for your injuries.
Ultimately, having a motorcycle accident lawyer means you have someone pursuing your case for you while you can stay focused on your recovery and on getting back to regular life after an accident.
How We Can Help
If you’ve been involved in a motorcycle crash, Pfeifer Law Firm can help you pursue a legal claim for compensation by:
- Guiding you through your legal rights and options for compensation and the steps to expect in pursuing your claim
- Investigating the accident and securing evidence that may be used to prove your right to financial recovery
- Consulting with expert witnesses when necessary to build a persuasive case on your behalf
- Filing your claim with the at-fault driver or parties and their insurer and vigorously pursuing fair and full compensation for you in a settlement
- Addressing the effects of Arkansas’ motorcycle helmet law on your claim
- Advancing your claim in court if necessary, including taking your case all the way to trial when it gives you the best opportunity at an optimal outcome for you
When you’ve been hurt in a motorcycle accident in Arkansas, contact Pfeifer Law Firm today for a free, confidential consultation to discuss your legal rights and options following the accident. Learn more about how an experienced motorcycle accident attorney can help you with pursuing financial compensation for your injuries and losses. Call us at 501-374-4440. We want to help.