Little Rock, AR Motorcycle Accident Lawyer | Southern Injury Attorneys

Successfully recovering compensation after a motorcycle accident requires more than just proving that the other driver was at fault. It requires building a comprehensive case supported by strong evidence and expert testimony. At Southern Injury Attorneys, we understand what it takes to build a winning motorcycle accident case.

Critical Evidence in Motorcycle Accident Cases

The strength of your case depends on the quality and quantity of evidence you can present. The most important types of evidence include:

Police Reports: The official police report is often the most important document in a motorcycle accident case. It establishes the date, time, and location of the accident, documents the officer’s observations, includes statements from both parties and any witnesses, and may contain the officer’s initial determination of fault. While this determination is not binding in a civil case, it carries significant weight. In Arkansas, you can obtain a copy of the police report from the Arkansas State Police or the local police department that responded to the scene.

Witness Testimony: Independent witnesses who saw the accident can provide crucial corroboration of your version of events. It is essential to get the contact information of all witnesses at the scene and, if possible, obtain written or recorded statements. An experienced attorney will follow up with witnesses to ensure their testimony is preserved and can be used effectively at trial.

Surveillance Footage: In today’s world, many accidents are captured on camera. Traffic cameras, business security cameras, red light cameras, and even cell phone footage from bystanders can provide irrefutable evidence of how an accident occurred. However, this footage is often deleted or recorded over within days or weeks. It is critical to act quickly to preserve this evidence by making formal preservation requests to businesses and government entities.

Cell Phone Records: If distracted driving is suspected, cell phone records can provide definitive proof. Text messages, call logs, GPS navigation activity, and social media posts can all be used to demonstrate that a driver was using their phone at the time of the accident. Obtaining these records requires legal process, typically a subpoena, which is why it is so important to have an attorney involved early in your case.

Motorcycle Damage Analysis: The damage to your motorcycle can tell a story about the force and direction of the impact. A professional motorcycle appraiser or accident reconstruction expert can examine the damage patterns to help reconstruct the physics of the accident. This analysis can be critical in proving fault and countering insurance company arguments.

Medical Records: Your medical records are essential for establishing the link between the accident and your injuries, documenting the severity of your injuries, and supporting your claim for damages. They also help to counter any arguments from the insurance company that your injuries were pre-existing or not as serious as you claim.

Expert Witnesses: In complex motorcycle accident cases, expert witnesses are often necessary to explain technical aspects of the case to a judge or jury. Common types of expert witnesses include:

• Accident Reconstruction Experts: These experts analyze the physical evidence, vehicle damage, skid marks, and witness statements to create a detailed reconstruction of how the accident occurred. They can use computer simulations to visually demonstrate the accident dynamics and testify about fault and causation.

• Medical Experts: A medical expert, typically a doctor or specialist, can testify about the nature and extent of your injuries, explain how the accident caused those injuries, discuss your prognosis and long-term outlook, and estimate the cost of future medical care.

• Biomechanical Engineers: These experts analyze the forces exerted on the human body during a crash and can explain the mechanism of injury. They are particularly valuable in cases involving serious or catastrophic injuries.

• Motorcycle Specialists: These experts can testify about motorcycle handling and performance, visibility issues, and safe riding practices. They can help educate a jury about the unique vulnerabilities of motorcycles.

Overcoming Insurance Company Tactics in Motorcycle Cases

Insurance companies have a financial incentive to pay out as little as possible on motorcycle accident claims. They employ a variety of tactics to deny, delay, or devalue claims, and motorcyclists are often the target of particularly aggressive strategies. Understanding these tactics is the first step in overcoming them.

Common Insurance Arguments Against Motorcyclists:

• “The motorcyclist was speeding”: Insurance companies will often argue that the motorcyclist was traveling above the speed limit and that this excessive speed was the primary cause of the accident. Even if there is no evidence of speeding, they may claim that the rider was going too fast for conditions. The counter to this argument is that even if the motorcyclist was speeding, the other driver still had a duty to see and avoid the motorcycle. Expert testimony can demonstrate that speed was not the proximate cause of the accident.

• “The motorcyclist wasn’t wearing a helmet”: This is one of the most common tactics used against motorcyclists in states like Arkansas that do not have universal helmet laws. The insurance company will argue that the rider’s injuries, particularly head injuries, would have been less severe or avoided entirely if a helmet had been worn. While this argument can affect the comparative fault allocation, it does not eliminate the liability of the at-fault driver. A medical expert can testify that a helmet would not have prevented the specific injuries sustained.

• “The motorcyclist was in the driver’s blind spot”: Insurance companies will argue that the motorcyclist assumed the risk by riding in another vehicle’s blind spot and that the driver cannot be held liable for not seeing something that was not visible. The response to this argument is that all drivers have a legal duty to check their blind spots before changing lanes or turning. Defensive riding does not eliminate the other driver’s legal responsibility.

• “The motorcyclist wasn’t paying attention”: This is a catch-all argument used to shift blame onto the rider. The insurance company may claim that the motorcyclist could have avoided the accident if they had been more alert or had taken evasive action. The counter is that the other driver’s negligence was the primary cause of the accident, and the motorcyclist had a right to assume that other drivers would obey traffic laws.

How an Attorney Counters These Tactics:

An experienced motorcycle accident attorney knows how to effectively counter these insurance company tactics. This includes conducting aggressive evidence gathering to obtain surveillance footage and cell phone records, retaining expert witnesses to provide testimony on accident reconstruction and medical causation, using legal standards and case law to refute unfair comparative fault arguments, and documenting national trends in motorcycle accidents that demonstrate driver liability is the norm.