Bentonville is home to biking trails that can take you around the city, as well as riding in the streets and sharing the road with other vehicles. Even though many people in our city choose to ride their bikes for fun or for a more efficient way to travel, accidents between vehicles and bicycles still occur. When these collisions happen, the bicyclist can suffer from serious injuries.
If you’ve been struck while riding your bike, you could use the help of Bentonville bicycle accident lawyer. At McMath Woods P.A., we understand how vulnerable you feel after a collision that hurt you, which is why we’re here to support you through a legal claim. You deserve to be compensated for the damages you suffered and we’re here to help.
Arkansas Bike Laws
When you’ve been involved in a bicycle accident, it’s important to know the laws that surround bikes on the road so that you know you didn’t break any laws and that the motorist is who was at fault for what happened. Here are some of the most important bicycle laws in Arkansas, according to Bike NWA, that determine whether or not you were in the wrong while riding your bike:
- Bicycles are not considered vehicles, but still have all the duties and rights of motorists.
- Helmets are not required, except for children under 14 in Bentonville.
- You must ride your bike on the right side of the road.
- Cyclists should use hand signals to indicate where they intend to go at intersections, unless it is unsafe to do so and they need both hands on the handlebars.
- State laws do not require bells.
- Although state law does not prohibit riding on sidewalks, it is prohibited in Bentonville.
- Bicyclists can treat stop signs as yield signs and red lights as stop signs if nobody else is coming.
- Riding under the influence is illegal.
- Bikes cannot be ridden through crosswalks, so if a rider wants to use a crosswalk and be treated as a pedestrian, they must dismount and walk their bike across.
- Most e-bikes are considered the same as regular bicycles, but if the bike is motorized and reaches 28 miles per hour, then it could be considered a vehicle instead.
When it comes to the motorists involved, it’s important that they were following the laws regarding bicyclists as well. The main law requires that motorists traveling the same way as the cyclist must give at least three feet of distance when passing them.
If you were following all of the laws pertaining to cyclists when you were hit, then it’s likely you weren’t at fault. A Bentonville bicycle accident attorney can help you prove that you weren’t responsible for the accident and deserve justice for what you’ve suffered. Let’s take a look at how fault is determined in bicycle crashes in Arkansas.
Fault in Bicycle Accidents
In bicycle accidents, you might think that the motorist is always the one at fault, but as we saw above, if the bicyclist was breaking any laws, then they could be considered to be at fault as well. This can get complicated because Arkansas is a modified comparative negligence state. In theory, this means that if both parties are found to be at fault, they can only recover damages based on the percentage they were at fault.
However, in Arkansas, because the rule is modified, if a party is found to be 50 or more percent at fault, then they cannot recover damages from their injuries. This can get complicated and is why you could use the help of a bicycle accident lawyer—they’ll be able to determine your amount of fault and whether or not you can recover damages.
When your lawyer is looking into fault, they’ll fight to prove key elements that show the other party was at fault for your collision. It’s important to have them on your side because you likely sustained severe injuries from the impact of the vehicle and then the impact of you hitting the road. You shouldn’t have to deal with these damages on your own, which is why your lawyer will work hard to prove that:
- The driver owed you a duty of care to you as a bicyclist.
- The driver breached that duty of care.
- That breach resulted in your injury.
- Your injuries resulted in damages.
As long as you were following the rules of the road as a cyclist, you likely weren’t at fault for the collision. Your attorney will investigate what happened to ensure the correct party is held accountable for what happened. You can trust your Bentonville bicycle accident lawyer to get to the bottom of your crash and determine who was responsible.
McMath Woods P.A. Is Here for You
When you’re unsure about what your next steps are after a bike wreck, you could use the help of an attorney to ensure that your rights are protected, and you get justice for your injuries and damages. At McMath Woods P.A., our experienced Bentonville bicycle accident lawyer is here to support you and guide you through the legal process.
We’ll investigate what happened to cause your accident, what you’ve suffered in damages, and how much you’re owed in compensation. We’ll keep you from settling for less than you deserve. Contact our office today so we can get started on your claim as soon as possible.