Jonesboro Bicycle Accident Lawyers

Under Arkansas law, an injured victim may assert a claim for medical expenses, pain and suffering, lost wages, lost future earnings, or scarring or disfigurement caused by a collision. In order to do so, the bicyclist must prove that another driver’s negligence caused the accident in question.

What happens if the bicyclist is partly at fault for the resulting collision? The victim’s comparative negligence may reduce the amount of compensation he or she receives. Arkansas follows modified comparative negligence. If the bicyclist’s liability in causing the accident was less than 50%, then his or her compensation is reduced by the percentage he or she contributed to the accident. On the other hand, if the bicyclist contributed 50% or more to the accident, then he or she may be prohibited from receiving any compensation at all. This is one reason why it is important to consult a bicycle accident lawyer in Jonesboro who can advocate for your rights.

For example, if a bicyclist pulls out of a private driveway into the roadway in front of a speeding car with the right of way, and the two collide, some fault may be placed on the cyclist. If a judge or jury finds that the bicyclist’s action of pulling out in front of the car contributed 60% of the negligence that caused the accident, then the bicyclist is likely barred from recovering for his or her injuries and will receive no damages. However, if that same judge or jury instead found that the car’s excessive speed was the primary contributing factor to the accident and assessed only 30% liability to the bicyclist, then the bicyclist would be entitled to recover compensation for his or her injuries caused by the impact, but the damages amount would be reduced according to the percentage of liability assessed against the bicyclist. You should consult with a knowledgeable lawyer who can analyze the facts of your case and advise you of your legal rights.