Motorcycle Accident Claims in Arkansas
The Arkansas helmet law, whether lane splitting is legal, how fault is shared after a motorcycle crash, and the deadline to sue.
Short answer: Motorcycle helmets: in Arkansas, operators and passengers of motorcycles, motor-driven cycles and motorized bicycles on public streets and highways must wear protective headgear unless they are 21 or older, and must wear protective glasses, goggles or a transparent face shield. Ark. Code Ann. § 27-20-104
| Motorcycle helmet law | Motorcycle helmets: in Arkansas, operators and passengers of motorcycles, motor-driven cycles and motorized bicycles on public streets and highways must wear protective headgear unless they are 21 or older, and must wear protective glasses, goggles or a transparent face shield. The section does not address damages. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: Ark. Code Ann. § 27-20-104 |
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| Lane splitting | Lane splitting: Arkansas's lane-use statute says that on a roadway divided into two or more clearly marked lanes, a vehicle shall be driven as nearly as practical entirely within a single lane and may not move from the lane until the driver has made sure it is safe. That section does not mention motorcycles or lane splitting by name. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: Ark. Code Ann. § 27-51-302 |
| Fault rule (comparative negligence) | Modified comparative fault (50% bar). An injured person whose fault is less than the fault of the defendant(s) can recover damages reduced by his or her share of fault. A person whose fault is equal to or greater than the defendants' fault recovers nothing. This applies to personal injury, wrongful death and property damage claims based on fault. Read on a FindLaw mirror of the Arkansas Code. Source: Ark. Code Ann. § 16-64-122 |
| Minimum car insurance | Drivers must carry liability insurance of at least $25,000 for injury or death of one person, $50,000 for injury or death of two or more people in one accident, and $25,000 for property damage (25/50/25). Private passenger auto policies must also provide no-fault benefits paid regardless of fault: medical and hospital expenses up to $5,000 per person, 70% of lost income up to $140 a week for up to 52 weeks, and a $5,000 accidental death benefit. Read on a FindLaw mirror of the Arkansas Code. |
| Deadline to sue for an injury | Arkansas's general three-year statute of limitations covers actions "founded on any contract or liability, expressed or implied," and this is the period generally used for negligence-based personal injury claims. The statute itself does not use the words "personal injury." Read on a FindLaw mirror of the Arkansas Code (Arkansas's official code is published through a commercial vendor). Source: Ark. Code Ann. § 16-56-105 |
More Arkansas personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Arkansas
- Wrongful Death Lawsuits in Arkansas
- Medical Malpractice Rules in Arkansas
- Car Accident Claims in Arkansas
- Dog Bite Liability in Arkansas
- Pedestrian Accident Claims in Arkansas
- Bicycle Accident Claims in Arkansas
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- All Arkansas personal injury & wrongful death rules
FAQ
Do you have to wear a motorcycle helmet in Arkansas?
Motorcycle helmets: in Arkansas, operators and passengers of motorcycles, motor-driven cycles and motorized bicycles on public streets and highways must wear protective headgear unless they are 21 or older, and must wear protective glasses, goggles or a transparent face shield. The section does not address damages.
Is lane splitting legal in Arkansas?
Lane splitting: Arkansas's lane-use statute says that on a roadway divided into two or more clearly marked lanes, a vehicle shall be driven as nearly as practical entirely within a single lane and may not move from the lane until the driver has made sure it is safe. That section does not mention motorcycles or lane splitting by name.
Can you recover damages if you were partly at fault in Arkansas?
Modified comparative fault (50% bar). An injured person whose fault is less than the fault of the defendant(s) can recover damages reduced by his or her share of fault. A person whose fault is equal to or greater than the defendants' fault recovers nothing. This applies to personal injury, wrongful death and property damage claims based on fault.
What is the minimum car insurance required in Arkansas?
Drivers must carry liability insurance of at least $25,000 for injury or death of one person, $50,000 for injury or death of two or more people in one accident, and $25,000 for property damage (25/50/25). Private passenger auto policies must also provide no-fault benefits paid regardless of fault: medical and hospital expenses up to $5,000 per person, 70% of lost income up to $140 a week for up to 52 weeks, and a $5,000 accidental death benefit.
What is the statute of limitations for personal injury in Arkansas?
Arkansas's general three-year statute of limitations covers actions "founded on any contract or liability, expressed or implied," and this is the period generally used for negligence-based personal injury claims. The statute itself does not use the words "personal injury."
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.