When involved in a motorcycle accident in Arkansas, the amount of compensation you can receive depends on several factors including the severity of your injuries, the extent of your losses, and the circumstances surrounding the accident. Compensation is intended to cover all your losses and help restore your financial position as much as possible to what it was before the accident. While it is difficult to predict the amount of your motorcycle accident settlement, there are factors that play a large part in determining how much you are eligible to receive.
Motorcycle Accident Compensation
There are different types of damages that one can be compensated for in a motorcycle accident case. The type(s) of damages you’re owed depends on the severity of the accident. The most common types are economic and non-economic damages.
Economic Damages
Economic damages are the tangible losses you suffered as a result of the accident. These can include:
- Medical expenses: Costs for hospital stays, surgeries, medications, and future medical care related to your injuries.
- Lost wages: Income you lost because you were unable to work due to your injuries.
- Property damage: Costs to repair or replace your motorcycle and any other personal property damaged in the accident.
- Other out-of-pocket expenses: Costs related to transportation to medical appointments, modifications to your home due to disability, and similar expenses.
Economic damages typically have a monetary value already associated with them. This is what sets them apart from non-economic damages.
Non-Economic Damages
Non-economic damages cover the intangible losses you experience, such as:
- Pain and suffering: Compensation for physical pain and emotional distress resulting from the accident.
- Loss of consortium: Damages awarded to your spouse for the loss of companionship and support.
- Emotional distress: Compensation for anxiety, depression, and other psychological effects of the accident.
The dollar amount of these damages is often much more difficult to quantify than economic damages. The amount you are awarded will depend on how long these damages are expected to impact your life, among other factors. Every case is unique, so it’s best to consult with an attorney when trying to determine what your case may be worth.
How to Maximize Your Motorcycle Accident Settlement
The best way to increase your chances of obtaining the maximum settlement is to work with a skilled attorney who understands the intricacies of motorcycle accident cases. They will have a better understanding of everything you can and should be compensated for and are equipped to build the strongest case possible. However, there are some ways you can help them strengthen your case.
What You Can Do
Here are a few things you can do to improve your chances of winning your case and receiving a motorcycle accident settlement:
- Seek immediate medical attention: Even if you don’t feel hurt, getting medical treatment right away after an accident will allow medical professionals to document any unseen injuries and injuries that may surface in the future. This medical paper trail will be vital evidence for your case.
- Speak to an attorney as soon as possible: A motorcycle accident lawyer can advise you on your legal rights and the best steps to take after an accident. If they feel you are entitled to compensation, an attorney will be able to provide a rough estimate and begin the process of building a case on your behalf.
- Document everything: Keep detailed records of all expenses and losses related to the accident, including missed work days.
- Stay off of social media: It is best to refrain from discussing your case or your injuries on social media. Any posts you make could potentially be used as evidence against you. If you need to discuss your case with a third party, you should ask your lawyer to be present.
What Your Attorney Can Do
- Gather comprehensive evidence: Your attorney will thoroughly investigate your accident and collect all relevant medical records, police reports, witness statements, and any photographs of the scene and injuries. Remember, evidence can disappear quickly after an accident, so it’s important to contact an attorney right away.
- Handle communication with other parties: They will be able to handle all discussions with your insurance company and the defendant’s insurance company, the defendant’s lawyer, doctors, witnesses, first responders, and anyone else involved in your case.
- Negotiate a settlement: A lawyer will work to negotiate a fair amount of compensation for your injuries. Typically, a motorcycle accident settlement is reached without the need for a trial. However, there are occasions when terms are not reached during the negotiation stage and the case must go to trial.
- Court representation: If your case goes to trial, your lawyer will be able to represent you and argue your case in court.
Who Is Responsible for Paying for Your Damages?
In Arkansas, the party responsible for causing the accident is liable for your damages. Determining liability involves establishing negligence on the part of the other driver or another party.
Arkansas follows a comparative fault law. This means that if both parties’ negligence contributed to the accident, the plaintiff can only receive compensation if they showed a lesser degree of negligence than the defendant. Additionally, the compensation amount they receive will be reduced by the percentage of fault they shared in the accident.
How to Prove Negligence
Proving negligence in a motorcycle accident case typically requires showing that:
- The other party had a duty to exercise reasonable care.
- They breached that duty through action or inaction.
- Their breach directly caused your injuries.
- You suffered damages as a result.
If you are able to prove negligence, it is likely that you will be awarded a motorcycle accident settlement, although the exact amount will depend on the details of the accident.
Motorcycle Accident FAQS
Yes, you can still seek damages if you weren’t wearing a helmet at the time of the accident. However, the defense may argue that your injuries were more severe due to your failure to wear a helmet, potentially reducing your compensation under Arkansas’s comparative fault rules.
If your passenger contributed to the accident by interfering with your ability to operate the motorcycle, for example, they could potentially be held liable for damages. This scenario can complicate your case, making it essential to consult with an attorney.
Once you accept a settlement offer from the insurance company and sign a release, you typically cannot seek additional compensation. It is crucial to ensure that a settlement adequately covers all your damages before agreeing to it.
Let an Attorney Help You Maximize Your Motorcycle Accident Settlement
The best thing to do after a motorcycle accident is contact an attorney to learn what damages you may be entitled to, and what action to take. Niblock Law Firm understands the challenges you face after getting injured, and we’re here to help you get the motorcycle accident settlement you deserve. Call (479) 326-7082 today for a free case review.