A common concern for motorcycle riders involved in accidents, especially those over 21, is whether not wearing a helmet will prevent them from recovering compensation. In Arkansas, the law offers a nuanced answer, providing hope for many riders.
Yes, you may still be able to recover compensation in Arkansas, even if you weren’t wearing a helmet during the accident. This is because Arkansas law does not mandate helmet use for motorcycle riders aged 21 and older. This means that simply not wearing a helmet does not automatically make you ineligible for compensation.
However, it’s crucial to be aware that insurance companies will likely use this fact to their advantage. They may argue that your injuries were made worse because you weren’t wearing a helmet, citing “contributory negligence” to try and reduce the amount of compensation they have to pay. Their argument would be that your decision not to wear a helmet contributed to the severity of your injuries.
How an experienced attorney can help:
- ?️ Countering Tactics: A skilled attorney can effectively counter these arguments by demonstrating that the other party’s negligence was the primary cause of the accident and your injuries.
- ? Understanding the Law: We understand the nuances of Arkansas law regarding helmet use and its impact on personal injury claims.
- ? Protecting Your Rights: Our priority is to ensure your rights are protected and that you receive fair compensation for your injuries, regardless of helmet use.
While helmet use is a safety measure that can significantly reduce the risk of head injuries, the absence of a helmet does not automatically invalidate your personal injury claim in Arkansas. An attorney can argue that the at-fault driver’s negligence caused the accident itself, regardless of whether a helmet was worn. Furthermore, they can demonstrate that some injuries, like broken bones or road rash, would have occurred even with a helmet. This nuanced approach helps to separate the cause of the accident from the potential aggravation of certain injuries, preserving your right to compensation for the overall harm suffered.
The Pfeifer Law Firm has a deep understanding of motorcycle accident claims, even in complex situations involving helmet use. Our Little Rock motorcycle accident lawyers are prepared to counter these common insurance tactics, ensuring your rights are protected and you receive the fair compensation you deserve for your injuries.
Trust Attorney Paul Pfeifer
Paul Pfeifer, a proud native of Little Rock, Arkansas, built his strong legal foundation at Case Western Reserve University School of Law in Cleveland, Ohio. His comprehensive legal career spans personal injury, product liability, nursing home abuse, and employment discrimination. Mr. Pfeifer is fully licensed to represent clients in all Arkansas state and federal courts, as well as the United United States 8th Circuit Court of Appeals. He remains deeply engaged with the legal community through his active memberships in the Arkansas Bar Association, Pulaski County Bar Association, Association of Trial Lawyers of America, and the Arkansas Trial Lawyers Association, consistently delivering justice for Arkansans through jury trials.