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Can You Sue for Motorcycle Accident Injuries if You Weren't Wearing a Helmet in Fort Smith?

April 24, 2024

Motorcycle accidents can be significantly traumatic and complicated, especially when you're not wearing a helmet at the time of the incident. In Fort Smith, riders who find themselves injured under these circumstances often question their legal rights and the possibility of claiming compensation. This detailed exploration will help clarify Arkansas's legal framework regarding motorcycle safety and compensation claims.

Arkansas' Helmet Laws and Legal Implications

In Arkansas, the law requires all motorcycle riders under 21 years of age to wear helmets. For riders 21 and older, helmets are optional. This distinction is important as it frequently leads to questions about liability and compensation following an accident. It is essential to understand that choosing not to wear a helmet does not preclude you from pursuing a lawsuit if another party's negligence caused your accident. Arkansas utilizes a "modified comparative fault" rule that permits you to recover damages, even if you share a portion of the blame.

Detailed Look at Comparative Negligence

The concept of comparative negligence in Arkansas dictates that your compensation can be adjusted based on your share of fault in causing the accident. For example, if not wearing a helmet contributed 30% to the severity of your injuries, your compensation could potentially be reduced by 30%. To ensure that this reduction is as minimal as possible, compiling strong evidence that clearly indicates the other party’s major fault is critical. This might involve gathering witness statements, securing video evidence from traffic cameras, or employing specialists to reconstruct the accident scene.

Steps to Help Strengthen Your Legal Case

Following a motorcycle accident, particularly one where you were not wearing a helmet, there are several vital steps to undertake to fortify your legal case:

  • Immediate Medical Attention: First and foremost, seek medical treatment for any injuries. Documentation of these injuries and the treatment received will be pivotal in your legal case.
  • Document the Accident Scene: Capture extensive photographic evidence of the accident site, including all vehicles involved, the surrounding area, and any visible injuries you sustained. Collect contact details and statements from any witnesses present.
  • Legal Expertise: Consult with a motorcycle accident lawyer who specializes in personal injury law. Such legal expertise is invaluable, as your lawyer will guide you through the legal process, help organize your evidence, and develop a strong argument for your case.

Our motorcycle accident attorneys are exceptionally knowledgeable and prepared to assist you in these difficult situations.

The Value of Skilled Legal Representation

Tackling the challenges of a motorcycle accident case can be daunting, especially when you are recovering from injuries and facing complex legal procedures. An attorney with specific expertise in motorcycle accident law is indispensable. They provide not just legal representation but also strategic advice that aligns with the nuances of local laws.

Your attorney will vigorously defend your rights, challenging any claims that your injuries were primarily your fault due to not wearing a helmet. They ensure that every factor—such as the negligence of other parties involved and the specifics of the accident—is thoroughly considered to maximize your compensation.

Should you or someone you care about be involved in a motorcycle accident in Fort Smith, it is imperative to contact our office without delay. Engaging with our legal team early can significantly enhance the strength of your case, providing you with the expertise needed to navigate these troubling times and secure the compensation you rightfully deserve.

WALKER LAW GROUP, PLC. is located in Fort Smith, AR and primarily serves clients in and around Fort Smith, Van Buren, Greenwood, Alma, Clarksville and Northwest Arkansas.

Attorney Advertising. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.


400 North 6th Street
Fort Smith, Arkansas 72902

Phone: 479-783-5000
Fax: 479-783-0420
Email: michelle@fortsmithlaw.com

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