How Long Does a Motorcycle Accident Lawsuit Take in Arkansas?

Riding a motorcycle can be thrilling and convenient, especially in a picturesque state like Arkansas. However, motorcycles can also be one of the most dangerous modes of transportation, both for lack of external protection and careless drivers. If you are in a motorcycle accident and want to make a claim, you have many questions, including how long does a motorcycle lawsuit take in Arkansas?

At The Law Office of Geoffrey D. Kearney, PLLC, we are superb legal professionals with the skill, experience, and knowledge necessary to help you win your case and receive a settlement. As a second-generation lawyer who practices several areas of law, you can trust Geoffrey D. Kearney to create an effective strategy that yields optimal results.

Causes of Motorcycle Accidents

According to the National Highway Traffic Safety Administration (NHTSA), 6218 motorcyclists were killed in 2022 in traffic accidents. This was 15% of all fatal highway accidents that year. It is estimated that a motorcyclist in a crash is 22 times more likely to end in a fatality and 4 times more likely to be injured than those in other passenger vehicles.

Motorcycle accidents can occur in a variety of ways, whether they involve another driver or not. Even though motorcycle accidents are sometimes the operator’s fault, many occur because of other drivers’ negligence.

Below are some of the most common causes of motorcycle accident cases:

• Distracted driving, like using smartphones while driving
• Speeding or driving above the speed limit
• Unlawful lane changes
• Unsafe road conditions
• Impaired drivers
• Parked cars that strike motorcycles, causing injury or damage

What to Do if I Am Involved in an Accident?

If you are involved in a motorcycle accident, the first thing you should do is consider your health and safety. You should remove yourself and your vehicle from the road and assess your injuries, if you are able to do so. Next, you should contact local law enforcement both to make a report and so that you may be assessed by emergency medical service (EMS) to ascertain the severity of your injuries.

When you are well enough, there are legal actions you can take to help you in your case if you choose to file a claim. It is important to gather clear evidence, such as photographs, medical records, bills, eyewitness testimony, etc. Finally, consult with an Arkansas motorcycle accident attorney who can guide you through the claims process and negotiate your settlement.

How Long Does a Motorcycle Claim Take in Arkansas

Arkansas has specific motorcycle accident laws, such as helmets are not required for riders under the age of 21, motorcyclists must have limited liability insurance, and the state operates under modified comparative negligence laws pursuant to A.C.A. § 16-64-122 when it comes to compensating for damages following an accident.

This law presumes that both parties are accountable for some fault, and the plaintiff can claim damages proportional to their degree of fault. Specifically, if the plaintiff assumes less than 50% of the fault, they can recover damages, but if they assume 50% or more, they may not be able to recover any damages.

It is important to understand this law before understanding how long your claim will take. Overall, the timeline for a motorcycle claim settlement varies considerably. In some cases, it can take months, but in other cases, it can take years.

Generally, how long it takes depends on the following:

• The severity of your case, your injuries, and the extent of the damages incurred
• The time it takes for the insurance company to investigate your case. In Arkansas, they generally have 45 calendar days.
• The length of time it takes for negotiations to take place
• If there are disputes regarding who is at fault and their level of fault
• Whether or not the case goes to civil court

The statute of limitations for motorcycle accidents is three years from the date of the incident, pursuant to A.C.A. § 16-56-105, which is similar to other personal injuries. This is why it is important to act quickly when contacting a motorcycle accident lawyer, as delays may mean you do not receive the compensation you require to move forward with your life.

FAQs

How Long Does a Motorcycle Accident Claim Take to Settle?

How long it takes to settle a motorcycle accident claim can range in Arkansas and depends on a number of factors. The main things that are considered are the severity of the accident and your injuries, if there is a dispute about the level of fault, your lawyer’s ability to negotiate, and if the case must go to trial.

How Long Does an Insurance Company Have to Settle a Claim in Arkansas?

Insurance companies have 45 calendar days from the date of filing to settle a claim in Arkansas. Moreover, as a motorcycle accident is a type of personal injury, you have three years from the date of the accident to file a claim for compensation per A.C.A. § 16-56-105.

How Much Compensation Can You Get for a Motorcycle Accident?

The settlement amount for motorcycle accidents is on a case-by-case basis. However, there are certain factors that contribute to your settlement amount, such as the severity of the accident and your injuries, if a death occurred, if there was substantial property damage, if you experienced a loss of income, and whether you experienced significant psychological damage, referred to as pain and suffering. Your lawyer’s ability to skillfully negotiate also plays an important part.

How Much Does a Motorcycle Accident Lawyer Cost?

The cost of a motorcycle accident lawyer ranges depending on location, lawyer experience, and the specifics of your case. Lawyers who operate out of firms in locations with a high cost of living and who have considerable experience may justify charging higher rates. Conversely, if your case is straightforward and requires minimal billing hours, you may pay a lower rate.

Hire a Motorcycle Accident Lawyer Who Gets Results

At The Law Office of Geoffrey D. Kearney, PLLC, we see a considerable number of motorcycle accident cases, and we work tirelessly to help our clients receive the compensation they deserve. If you or your loved one were involved in a motorcycle accident, you should act swiftly and contact us for a consultation.