Arkansas Motorcycle Accident Claims the Life of Fort Smith Man - Elliott & Smith Law Firm

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Aug 15

Arkansas Motorcycle Accident Claims the Life of Fort Smith Man

J. Timothy Smith - Fayetteville Motorcycle Accident AttorneyArkansas State Police announced grim news for the family of a Fort Smith, AR man, who was declared dead at the scene of a motorcycle accident on Interstate 40 on August 6, 2019. A preliminary investigation revealed that the collision occurred in a construction zone, an area that presents numerous hazards that affect drivers of all types of vehicles. While officials continue their inquiry, the incident highlights the dangers that are unique for motorcycle riders.

Motorcyclists are at increased risk in construction zones because of debris, broken pavement, potholes, and equipment. These factors affect balance and stability on a two-wheeled vehicle much more as compared to passenger cars that benefit from four wheels and a metal protective barrier. A rider is more likely to be tossed from the motorcycle, which can lead to catastrophic injuries. Concussion, traumatic brain injury (TBI), spinal cord injuries, and other bodily harm is common.

  1. Timothy Smith, a founding partner at Elliott & Smith Law Firm in Fayetteville, AR, stressed that construction zones are just one scenario that increases the likelihood of motorcycle accidents. “Riders love that thrill of the open air, but there are other threats – many of which are due to the negligence of other motorists.”

Statistics reveal other forms of negligence that can lead to motorcycle accidents, such as:

  • Speeding;
  • Driving under the influence of alcohol or drugs;
  • Failure to yield to a motorcycle rider;
  • Improper lane changes;
  • Other violations of traffic laws; or,
  • Many other careless acts.

Additionally, Mr. Smith pointed out the increased problem with motorists who text, talk, or interact on their phones while driving. “Taking your eyes away from the road for even a few seconds is like driving blindfolded. Motorcycle riders must be aware of the risks, since it’s easy for others to slack on the laws against cell phone use.”

Arkansas law does provide options for those who are injured or lose loved ones in motorcycle accidents. By filing an injury claim with the responsible driver, it is possible to recover damages for medical expenses, lost wages, and other out-of-pocket losses. In addition, victims can recover for pain, suffering, and emotional damages.

Surviving family members of deceased victims may have rights through a wrongful death action. Losses related to education, financial support, guidance, care, loving, and companionship may be hard to quantify, but it is possible to obtain monetary damages for the ways a loved one’s death affects survivors.