Motorcycle Accidents

Arkansas Accident Victims Win in Supreme Court

June 3, 2009 | Paul Pfeifer

The Arkansas Supreme Court declared a portion of the 2003 tort reform law unconstitutional. The Arkansas Court found that the law violates the Arkansas Constitution separation of powers clause.

The Arkansas Justices decided questions over the provisions regarding the negligence or fault of non-parties when considering liability and regarding evidence of damages for the costs of necessary medical care, treatment, or services.

This is a very important decision for Arkansans who suffer a personal injury. This change will stop the negligent party from escaping liability by blaming a non-party for the personal injury. The decision also allows an personal injury victim to recover the full amount of damages in a Arkansas personal injury lawsuit. The case will help Arkansas accident victims receive reasonable personal injury settlements. If you or a family member has suffered a personal injury please contact an experienced Arkansas personal injury lawyer as soon as possible to make sure your rights are protected.

Arkansas Car Accident Drug Testing

May 24, 2009 | Paul Pfeifer

The Arkansas Legislature passed a bill in 2009 that would amend current law and requires law enforcers to conduct testing for the presence of drugs and alcohol in drivers who were involved in fatal or potentially fatal car accidents.

Act 423 requires that law enforcers subject a driver involved in an accident “in which death has occurred or is likely to occur” to a “chemical test of the blood, breath or urine”. The results of the test may be used for prosecution purposes and are to be conducted regardless of whether the surviving driver appears to be under the influence of intoxicating or illegal substances or not. A test will also need to be conducted regardless of whether the suspected erring driver is critically injured or not.

Unfortunately, driving under the influence of drugs or alcohol leads to very serious car accidents. If you or a loved one has been injured in a car accident or truck accident involving alcohol or drugs it is important to contact an experienced Arkansas personal injury lawyer to discuss your rights.

Motorcycle Fatalities in Arkansas Increased 300 Percent

May 22, 2009 | Paul Pfeifer

Motorcycle deaths in Arkansas increased 300 percent from 1997 to 2007. According to government statistics, there were 19 deadly motorcycle accidents in Arkansas in 1997, and the number increased to 76 in 2007. In fact, one in every nine car fatalities involves motorcycle riders.

The month of May has been designated motorcycle safety awareness month. In fact, the full U.S. House of Representatives voted unanimously to pass a resolution (H. Res. 269) supporting the goals of May is Motorcycle Safety Awareness Month. The measure encourages all road users to be more aware of motorcycles, all riders to get trained and ride responsibly, and recognizes the contribution that motorcycles make to our nation’s transportation mix.

Motorcycle riders enjoy Arkansas highways and roads. It is imperative that riders and non-riders mutually respect the other’s right to the road. Usually, inattention is the reason why motorcycle accidents happen in Arkansas. If you or a family member has been injured in a Arkansas motorcycle accident, please consult an experienced motorcycle accident lawyer as soon as possible to make sure your rights are protected.

Injured Arkansans to Get Trauma System

March 18, 2009 | Paul Pfeifer

A bill was signed into law by Gov. Mike Beebe creating an Arkansas trauma system. The bill is meant to speed up how quickly trauma patients in Arkansas get the medical care they need. This is a huge victory for people who suffer a personal injury in a car accident, work accident, or other catastrophic injury. It is expected to save many lives and prevent people from becoming permanently disabled from an injury.

Hospitals will be designated as Level I-IV trauma centers. Level 1 trauma centers will provide the highest level of care and be able to care for the most seriously injured. The level IV centers will be designed to provide initial care and stabilize the injured patient. It is hoped this trauma system can be organized in the next year or two. As an Arkansas personal injury attorney who handles car accident, and other injury cases, I am hopeful that it will be in place soon.

Arkansas Ranks Third In Car Accident Death Rate

March 3, 2009 | Paul Pfeifer

According to new statistics from the Centers for Disease Control, Arkansas is the third most dangerous state for driving. The average annual motor vehicle-related death rate was highest in Mississippi (31.9 per 100,000 population), followed by Wyoming (27.7), Arkansas (25.6), Montana (25.6), and Alabama (25.1). The study also found that men are twice as likely to be killed in an auto accident than women. According to the Community Guide of the Centers for Disease Control, motor vehicle related injuries kill more children and young adults than any other single cause in the United States and are the leading cause of death from injury for people of all ages.

The CDC claims proper use of lap and shoulder belts can reduce the chance of death in a traffic accident by 45 percent, and the likelihood of serious injury by 50 percent. In my practice, I have seen numerous times when a seat-belt saved a life. I have also reviewed cases where seat-belt and airbag malfunctions proved catastrophic. Car accident injuries continue to be a serious problem in Arkansas. Although seat-belt use cannot fully protect against injury, it is an important tool that we should all use. Please wear your seat-belt and if you would like to speak with an attorney about a recent car accident, please contact a car accident attorney today to guarantee your rights are protected.

Arkansas Trauma Center Needed

January 30, 2009 | Paul Pfeifer

Arkansas is the only state without a trauma center to deal with people who suffer a personal injury. Currently, the Arkansas Legislature is debating a plan to institute a trauma system. Unfortunately, a similar plan was defeated in 2007. Hopefully, this will not happen again.

According to government statistics, 15,000 people are hospitalized with injuries in Arkansas. Of those, 2,000 people die from their personal injuries and 6,000 suffer permanent disabilities each year. Arkansas has the third highest death rate in the country from motor vehicle accidents. According to the U.S. Centers for Disease Control and Prevention, there are 25 deaths per 100,00 people annually in the state compared to a national average of 15.2 per 100,000.

It is time that the Arkansas Legislature act and develop a trauma system to help people who suffer a personal injury in Arkansas. State health officials state publicly that a trauma system would prevent an estimated 2,000 disabilities and save 200-600 lives of Arkansans who don’t get appropriate care fast enough.

Arkansas Motorcycle Accident – Paying Medical Bills

September 21, 2008 | Paul Pfeifer

How to get medical bills paid is a common question after suffering a motorcycle accident in Arkansas. Luckily, there are several ways to get them paid. First, many people have health insurance that will cover accident related medical treatment. This is the best option for most people. The second way to get medical bills paid is through the insurance company of the person responsible for the accident. Many people do not know that Arkansas Law allows an injured motorcyclist, pedestrian, or bicyclist to get their medical bills paid by the No Fault or PIP insurance policy of the negligent driver. The same law allows the injured person to recover income disability benefits to cover lost income.

I recently had an insurance company adjuster not know that this law existed in Arkansas. However, after showing the adjuster the code section, I was able to get my client the necessary medical treatment for his injuries from a motorcycle accident. If you or a member of your family is involved in a motorcycle or bicycle accident, please contact me at 501-374-4440. Let me explain your rights under Arkansas Law.

Arkansas Motorcycle Accident Jury Verdict

September 3, 2008 | Paul Pfeifer

An Arkansas jury awarded $1 million in damages to the victim of a motorcycle accident who lost part of his leg. The Plaintiff claimed damages for being hit by a car that pulled out in front of him. As more and more people are riding motorcycles and motor scooters on Arkansas roads and highways due to high gas prices, serious personal injuries from motorcycle accidents are happening more often.

A recent report by the National Highway Traffic Safety Administration found that the number of people killed in traffic accidents decreased 3.9% in 2007. However, motorcyclist fatalities increased for the tenth consecutive year, rising 6.6% in 2007 to 5,154, the highest number since the National Highway Transportation Safety Administration began recording fatality crash data in 1975. Motorcyclists accounted for 13% of all traffic fatalities in 2007. Further, the number of motorcyclists injured in traffic accidents increased by an even greater amount. Approximately 103,000 motorcyclists were injured in traffic accidents in 2007, an increase of 17%.

There are many opinions regarding why this increase is occurring. From my experience, other drives do not pay attention to motorcycles and do not follow the Rules of the Road when encountering a motorcycle. The NHTSA has adopted the following model Share the Road recommendations that it hopes will help educate drivers of motor vehicles on the importance of sharing the roads safely with motorcyclists.

* Motorcycles are vehicles with the same rights and privileges as any vehicle on the roadway.

* Allow the motorcyclist a full lane width. Although it may seem as though there is enough room in the traffic lane for an automobile and a motorcycle, remember the motorcycle needs the room to maneuver safely. Do not share the lane.

* Approximately one-half of all motorcycle crashes involve another motor vehicle. Nearly 40 percent were caused by the other vehicle turning left in front of the motorcyclist.

* Motorcycles are small and may be difficult to see. Motorcycles have a much smaller profile than vehicles, which can make it more difficult to judge the speed and distance of an approaching motorcycle.

* Always signal your intentions before changing lanes or merging with traffic. This allows the motorcyclist to anticipate traffic flow and find a safe lane position.

* Remember that motorcyclists are often hidden in a vehicle’s blind spot or missed in a quick look due to their smaller size. Always make a visual check for motorcycles by checking mirrors and blind spots before entering or leaving a lane of traffic and at intersections.

* Don’t be fooled by a flashing turn signal on a motorcycle – motorcycle signals usually are not self-cancelling and riders sometimes forget to turn them off. Wait to be sure the motorcycle is going to turn before you proceed.

* Remember that road conditions which are minor annoyances to you pose major hazards to motorcyclists. Motorcyclists may change speed or adjust their position within a lane suddenly in reaction to road and traffic conditions such as potholes, gravel, wet or slippery surfaces, pavement seams, railroad crossings, and grooved pavement.

* Allow more following distance, three or four seconds, following a motorcycle so the motorcyclist has enough time to maneuver or stop in an emergency. In dry conditions motorcycles can stop more quickly than cars.