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Articles Posted in Motorcycle Accidents

If you or a family member has been injured in a motorcycle accident in Arkansas, chances are the last thing on your mind is the machinations of the state’s legal system. You’re pouring all your effort into recovering from your injuries one day at a time. But there are important factors which can determine the long-term outcome of your recovery that must be addressed as soon as possible. Chief among them is determining who exactly is at fault. This has a tremendous impact on your ability to provide a stable financial situation for yourself and your family following a devastating motorcycle crash.

Motorcycle Accidents in Arkansas are Increasing

There were 79 fatal motorcycle accidents in Arkansas in 2015 according to the National Highway Transportation Safety Administration (NHTSA). That number represents a 25% increase over the previous year’s figures and makes 2015 the deadliest year for motorcyclists since 2010 (and the second deadliest since way back in 2006). To put these numbers in perspective, deaths caused by motorcycle accidents in Arkansas represent over 13% of all traffic fatalities even though there are only 91,000 bikes registered as opposed to almost 950,000 automobiles. And it’s estimated that for every fatal motorcycle accident there are between 3 and 10 non-fatal accidents which leave riders suffering from serious, long-lasting injuries.

Earlier this year, the Arkansas Court of Appeals issued a written opinion in a motorcycle accident case that was brought by a man who was injured when an overhead cable was accidentally pulled down by a passing tractor. The issue presented to the court was whether the owner of the wooden poles that held the cable could be held liable to the plaintiff for his injuries. Ultimately, the court determined that the owner of the poles did not owe a duty of care to the plaintiff, and the plaintiff’s case was dismissed.

The Facts of the Case

The plaintiff was riding a motorcycle behind a tractor on a rural road when the tractor’s sickle caught an overhead cable, pulling it down. The cable fell, causing the plaintiff to lose control of his motorcycle and ultimately resulting in a crash. The plaintiff filed a personal injury lawsuit against several parties, including the driver of the tractor as well as the company that owned the wooden poles that held up the cable.

The company that owned the poles was not the same company that owned the cable. However, the company that owned the poles had previously entered into an agreement with the cable company to allow the placement of the cables.

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A motorcycle accident near the University of Arkansas-Fayetteville campus sends one man to the hospital. Witnesses say the motorcycle was going at a high speed before flipping a few times and landing in a ditch. According to news reports, the rider was transported to Washington Regional Medical Center.

This time of year produces a great amount of motorcycle accidents in Arkansas. It is important that car drivers keep a good lookout for motorcycles. The number of people injured in motorcycle accidents has increased in recent years. Over 103,000 motorcyclists were injured in accidents in 2007 alone.

Due to the lack of protection that is afforded while driving a car, injured Arkansas motorcycle riders often suffer severe and life altering injuries and even death. If you or a family member suffer a motorcycle accident it important that you get help with medical bills, lost wages, pain and suffering, and other damages that are incurred. Please contact an Arkansas motorcycle lawyer to discuss your legal rights.

The latest report from the Arkansas State Police shows there were 1,913 motorcycle accidents in 2008. The report also states that there were 80 fatalities in Arkansas motorcycle accidents during 2008. The Arkansas traffic accident report shows that over the last 10 years, the number of total motorcycle crashes is increasing. These statistics include motorcycle, ATV and Moped accidents.

Under Arkansas law there is a limited amount of time to file an injury claim for motorcycle accidents. It is important for motorcycle accident victims in Arkansas to speak with an accident lawyer as soon as possible so their rights are fully protected. If you would like to discuss your legal rights, please contact an experienced motorcycle accident lawyer.

The Center for Lifelong Learning at the University of Arkansas – Fort Smith is offering a series of four motorcycle safety courses Nov. 7 as part of the Center’s fall schedule of personal enrichment courses.

Courses will be led by certified Goldwing Road Riders Association Leadership Training Instructors and Rider Education Instructors. According to the seminar information,

the training is designed to encourage safe and enjoyable motorcycling for all riders. The seminar information quotes the instructor as saying:

A recent article in the New York Times was disappointing. The story outlined problems with Courts getting enough people to show up for jury duty and the resistance to people wanting to serve on jury duty. This problem has a negative impact on people who suffer a personal injury or car accident in Arkansas. Jurors must be reminded that the Seventh Amendment to the Constitution states:

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

The article points out that angry jurors are a concern for plaintiffs in civil suits because the plaintiff brought the suit and is more likely to be blamed by the jurors for any inconvenience that jury duty caused them. I often remind jurors about their civic duty and thank them for their service. The right to a jury trial should always be cherished.

The Arkansas Supreme Court declared a portion of the 2003 tort reform law unconstitutional. The Arkansas Court found that the law violates the Arkansas Constitution separation of powers clause.

The Arkansas Justices decided questions over the provisions regarding the negligence or fault of non-parties when considering liability and regarding evidence of damages for the costs of necessary medical care, treatment, or services.

This is a very important decision for Arkansans who suffer a personal injury. This change will stop the negligent party from escaping liability by blaming a non-party for the personal injury. The decision also allows an personal injury victim to recover the full amount of damages in a Arkansas personal injury lawsuit. The case will help Arkansas accident victims receive reasonable personal injury settlements. If you or a family member has suffered a personal injury please contact an experienced Arkansas personal injury lawyer as soon as possible to make sure your rights are protected.

The Arkansas Legislature passed a bill in 2009 that would amend current law and requires law enforcers to conduct testing for the presence of drugs and alcohol in drivers who were involved in fatal or potentially fatal car accidents.

Act 423 requires that law enforcers subject a driver involved in an accident “in which death has occurred or is likely to occur” to a “chemical test of the blood, breath or urine”. The results of the test may be used for prosecution purposes and are to be conducted regardless of whether the surviving driver appears to be under the influence of intoxicating or illegal substances or not. A test will also need to be conducted regardless of whether the suspected erring driver is critically injured or not.

Unfortunately, driving under the influence of drugs or alcohol leads to very serious car accidents. If you or a loved one has been injured in a car accident or truck accident involving alcohol or drugs it is important to contact an experienced Arkansas personal injury lawyer to discuss your rights.

Motorcycle deaths in Arkansas increased 300 percent from 1997 to 2007. According to government statistics, there were 19 deadly motorcycle accidents in Arkansas in 1997, and the number increased to 76 in 2007. In fact, one in every nine car fatalities involves motorcycle riders.

The month of May has been designated motorcycle safety awareness month. In fact, the full U.S. House of Representatives voted unanimously to pass a resolution (H. Res. 269) supporting the goals of May is Motorcycle Safety Awareness Month. The measure encourages all road users to be more aware of motorcycles, all riders to get trained and ride responsibly, and recognizes the contribution that motorcycles make to our nation’s transportation mix.

Motorcycle riders enjoy Arkansas highways and roads. It is imperative that riders and non-riders mutually respect the other’s right to the road. Usually, inattention is the reason why motorcycle accidents happen in Arkansas. If you or a family member has been injured in a Arkansas motorcycle accident, please consult an experienced motorcycle accident lawyer as soon as possible to make sure your rights are protected.

A bill was signed into law by Gov. Mike Beebe creating an Arkansas trauma system. The bill is meant to speed up how quickly trauma patients in Arkansas get the medical care they need. This is a huge victory for people who suffer a personal injury in a car accident, work accident, or other catastrophic injury. It is expected to save many lives and prevent people from becoming permanently disabled from an injury.

Hospitals will be designated as Level I-IV trauma centers. Level 1 trauma centers will provide the highest level of care and be able to care for the most seriously injured. The level IV centers will be designed to provide initial care and stabilize the injured patient. It is hoped this trauma system can be organized in the next year or two. As an Arkansas personal injury attorney who handles car accident, and other injury cases, I am hopeful that it will be in place soon.

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