People often view motorcyclists as troublemakers on the state’s roads. However, they have the same rights as other road users and they deserve the same respect. If you’re a Fayetteville motorcyclist, you shouldn’t feel like you’re at the mercy of other road users. If another person’s negligence causes you to suffer injuries, you may be entitled to compensation. However, you’ll need to hire an attorney if you want to build a strong case and collect the full value of your losses.
Some accident victims wonder if it’s always necessary to hire a lawyer after an accident in Arkansas. If your injuries are minor, the other party’s insurance company may pay the small value of your claim without much fuss. However, if your injuries are serious, you’ll need help. You probably won’t be able to quantify all your losses on your own. Even if you could, you would find it hard to gather the necessary evidence and negotiate with the insurer. Furthermore, the more significant your injuries and losses are, the more reluctant the insurance company will be to pay.
You should contact a Fayetteville motorcycle accident lawyer if:
- Your injuries are incapacitating
- You’ve had to take time off work to recover
- You’ll need long-term care or multiple medical procedures
- You’ve been left disabled or disfigured
Your attorney will listen to the facts of the case, gather and review the evidence, and give you their professional opinion on the matter. If it’s clear that the other party was primarily at fault, your lawyer will build a case on your behalf. Based on Arkansas’ modified comparative fault rule, you can recover damages as long as you were less than 50 percent at fault for the crash.
What You’ll Need to Prove to Recover Damages
You don’t only have to show that the other driver caused the accident. You also have to prove that the accident caused your injuries. If it’s at all possible, the insurance company will argue that you got your injuries elsewhere or that you had a preexisting condition. That’s why it’s so important that you go to the doctor immediately after the crash and follow the doctor’s orders. Your attorney will have to work hard to prove that the crash was due to negligence. That means, they’ll help you to show that:
- The at-fault driver had a duty of care towards you as a fellow road user
- The driver breached that duty of care by acting negligently. Maybe they were speeding, driving drunk, or texting and driving.
- Your injuries were a direct result of the accident.
Sometimes, third parties like mechanics or vehicle manufacturers have a role to play in a crash. Your lawyer will investigate the crash thoroughly to ensure that you’re pursuing all the right parties. The evidence they will draw on includes:
- Photos of the accident scene
- The police report
- Eyewitness testimony
- Arrest records or traffic citations or arrest records
- Expert opinions from accident reconstruction experts
Damages You Can Recover After a Fayetteville Motorcycle Accident
You can genrally claim two categories of damages after a motorcycle crash: economic and non-economic damages. Economic damages are easy to quantify. They include things like medical expenses, lost wages, and lost earning capacity. Meanwhile, non-economic damages are intangible. They include loss of enjoyment of life, pain and suffering, and loss of consortium. While it’s not easy to put a dollar value on these losses, it’s not impossible. These types of losses are no less valid than those that are financial in nature. You deserve to be compensated for all the losses you suffer as a result of someone else’s negligence.
Call the Law Office of Jason M. Hatfield Today!
The sooner you get legal advice, the better it will be for you. Even if you’re not sure about the strength of your case, you should book a free consultation with one of the Fayetteville motorcycle accident lawyers at the Law Office of Jason M. Hatfield. Our attorneys are experienced and skilled, and they’ll make sure you’re aware of your rights. You have three years to file a personal injury case in Arkansas, but you should definitely reach out to an attorney well before then. Call us to schedule a case review and learn about what we can do for you. There’s no need to worry about how you’ll afford legal representation since you only pay when we get compensation for you.