A motorcycle accident can change your life in an instant, and when a spinal cord injury is involved, the consequences extend far beyond the crash itself.
In Arkansas, riders face unique risks and legal considerations that can significantly impact their ability to recover compensation.
If you or a loved one has suffered a spinal cord injury in a motorcycle accident, understanding your rights and the legal process is the first step toward getting the help you need.
How Spinal Cord Injuries Happen in Motorcycle Accidents
Motorcyclists lack the protective barriers that car occupants have, making them especially vulnerable to serious injuries when a crash occurs.
The force of impact during a collision can cause the rider to be thrown from the bike, leading to direct trauma to the spine.
Spinal cord injuries occur when the vertebrae, discs, or ligaments of the spinal column are damaged, or when the spinal cord itself is bruised, crushed, or severed.
Common Causes of Motorcycle Crashes Leading to Spinal Injuries
In Arkansas, motorcycle accidents often result from other drivers failing to see motorcyclists on the road.
Distracted driving, speeding, and failure to yield the right of way are among the leading causes of these crashes.
Left-turn accidents are particularly dangerous, occurring when a vehicle turns in front of an oncoming motorcycle at an intersection.
Rear-end collisions can also throw riders from their bikes with enough force to cause devastating spinal damage.
Road hazards like potholes, debris, and uneven pavement present additional dangers that car drivers may not even notice but can be catastrophic for motorcyclists.
Types of Spinal Cord Injuries
The severity of a spinal cord injury depends on where along the spine the damage occurs and whether the injury is complete or incomplete.
A complete spinal cord injury means there is no function below the level of the injury, resulting in total loss of movement and sensation.
An incomplete injury means some function remains, though the victim may still experience significant impairment.
Injuries to the cervical spine (neck area) are the most severe and can result in tetraplegia, which affects all four limbs.
Thoracic and lumbar injuries typically result in paraplegia, affecting the legs and lower body.
According to data from the National Spinal Cord Injury Statistical Center, cervical injuries are the most common, with injuries at the C4 and C5 levels accounting for more than 30% of all cases.
Compensation You Can Recover for a Spinal Cord Injury in Arkansas
When another party’s negligence causes your motorcycle accident and spinal cord injury, you have the right to seek compensation for your losses.
Arkansas law allows injured victims to pursue both economic and non-economic damages, and in some cases, punitive damages may also be available.
Medical Expenses
Spinal cord injuries require extensive medical treatment, often beginning with emergency care, surgery, and hospitalization.
The first year of treatment for a high cervical injury can exceed $1.1 million, according to the National Spinal Cord Injury Statistical Center.
Beyond the initial treatment, you may need ongoing care including physical therapy, occupational therapy, and regular medical appointments for the rest of your life.
Many spinal cord injury patients require assistive devices such as wheelchairs, home modifications like ramps and accessible bathrooms, and in some cases, round-the-clock personal care assistance.
All of these costs can be included in your claim for compensation.
Lost Wages and Loss of Earning Capacity
A spinal cord injury often prevents victims from returning to their previous jobs, or from working at all.
Statistics show that only about 18% of spinal cord injury patients are employed one year after their injury.
You can recover compensation for the wages you have already lost due to your injury, as well as future lost earnings if you cannot return to work.
If you can work but must take a lower-paying job due to your physical limitations, you may be entitled to compensation for the difference in earning capacity over the course of your working life.
Pain and Suffering
Beyond the financial losses, spinal cord injuries cause tremendous physical pain and emotional suffering.
You may experience chronic pain, depression, anxiety, and a profound loss of independence.
Arkansas allows injured victims to recover damages for pain and suffering, which compensates you for the intangible ways your injury has affected your quality of life.
There is no cap on these damages in Arkansas personal injury cases, as Article 5, Section 32 of the Arkansas Constitution prohibits laws that limit recovery for injuries to persons or property.
Loss of Consortium
When a spinal cord injury affects your relationship with your spouse or family, your loved ones may also have a claim for loss of consortium.
This type of damage recognizes the impact your injury has on companionship, affection, and support within your family.
How Spinal Cord Injury Compensation is Recovered in Arkansas
Understanding the legal process for recovering compensation can help you make informed decisions about your case.
In Arkansas, most spinal cord injury claims are resolved through negotiations with the at-fault party’s insurance company, though some cases do proceed to trial.
Filing an Insurance Claim
The first step in most cases is filing a claim with the at-fault driver’s liability insurance.
Arkansas requires all drivers to carry minimum liability coverage, though these minimums are often insufficient to cover the full cost of a catastrophic spinal cord injury.
If the at-fault driver’s policy limits are not enough to cover your damages, you may need to look at other sources of recovery, such as your own underinsured motorist coverage.
Proving Negligence
To recover compensation, you must prove that the other party was negligent and that their negligence caused your injuries.
This means showing that the other driver owed you a duty of care, breached that duty by acting carelessly or recklessly, and that breach directly caused your accident and resulting injuries.
Gathering evidence is critical in motorcycle accident cases, including police reports, witness statements, photographs of the accident scene, and medical records documenting your injuries.
Settlement Negotiations
Insurance companies often try to settle spinal cord injury cases for far less than they are worth.
They may offer a quick settlement before you understand the full extent of your injuries or the long-term costs you will face.
It is important not to accept any settlement offer until you have a clear picture of your current and future medical needs and have consulted with a legal professional who can evaluate whether the offer is fair.
Filing a Lawsuit
If a fair settlement cannot be reached, you have the right to file a personal injury lawsuit in Arkansas civil court.
Under Arkansas law, you generally have three years from the date of your accident to file a lawsuit, as set forth in Arkansas Code Section 16-56-105.
Missing this deadline can result in losing your right to pursue compensation entirely, so it is important to act promptly.
Pitfalls and Challenges in Arkansas Motorcycle Accident Cases
Spinal cord injury cases involving motorcycles present unique challenges that can affect your ability to recover full compensation.
Being aware of these potential obstacles can help you protect your rights.
Arkansas Modified Comparative Fault
Arkansas follows a modified comparative fault rule under Arkansas Code Section 16-64-122.
This means that if you are found to be partially at fault for the accident, your compensation will be reduced by your percentage of fault.
However, if you are found to be 50% or more at fault, you cannot recover any compensation at all.
Insurance companies often try to shift blame onto motorcyclists, arguing that the rider was speeding, lane splitting, or riding recklessly.
Even when the motorcyclist did nothing wrong, bias against motorcycle riders can make this an uphill battle.
Having strong evidence and skilled legal representation is essential to overcoming these challenges.
Dealing with Insurance Companies
Insurance adjusters are trained to protect their company’s bottom line, not to ensure you receive fair compensation.
They may request recorded statements, ask you to sign medical authorizations, or make early settlement offers hoping you will accept before you understand the full value of your claim.
These tactics can seriously harm your case if you are not careful.
Recent Changes to Arkansas Law
In February 2025, Arkansas enacted House Bill 1204, which became Act 28.
This new law limits the compensation for medical bills to the amount actually paid for medical care, rather than the amount billed by the provider.
This change can reduce the overall value of your claim and may affect how non-economic damages are calculated since they are often based in part on your medical expenses.
Understanding how this law applies to your case is important for accurately evaluating what compensation you may be able to recover.
The True Cost of a Spinal Cord Injury
The financial burden of a spinal cord injury is staggering and extends far beyond initial medical bills.
According to the National Spinal Cord Injury Statistical Center, lifetime costs for a 25-year-old who suffers a high cervical injury can exceed $4.7 million.
Even for less severe incomplete injuries, lifetime costs average around $1.5 million.
These figures include only direct medical expenses and living costs and do not account for lost wages, which averaged over $95,000 per year in indirect costs according to 2024 data.
The emotional toll is equally significant, as victims often face depression, anxiety, strained relationships, and a complete restructuring of their daily lives.
Employment rates among spinal cord injury survivors remain low, with only about 25% of patients returning to work within 10 years of their injury.
Understanding these long-term implications is critical when evaluating any settlement offer, as accepting too little can leave you and your family struggling for years to come.
Why Acting Quickly Matters
Time is of the essence after a motorcycle accident that causes a spinal cord injury.
Evidence can disappear, witnesses’ memories can fade, and critical deadlines can pass.
The three-year statute of limitations in Arkansas may seem like plenty of time, but building a strong case takes months of investigation, medical documentation, and legal preparation.
Starting the process early gives your legal team the best opportunity to gather evidence, identify all sources of recovery, and build the strongest possible case on your behalf.
Need Help After a Motorcycle Accident Spinal Cord Injury?
A spinal cord injury from a motorcycle accident affects every aspect of your life, from your ability to work and care for your family to your physical independence and emotional well-being.
You deserve a legal team that understands both the devastating impact of your injury and the complexities of Arkansas personal injury law.
As motorcycle accident attorneys in Arkansas, we are here to help if you have suffered a spinal cord injury from a motorcycle accident.
Shamieh Law treats every client like family and is committed to fighting for the compensation you need to move forward.
With over $250 million recovered for injured clients and a track record built on results and genuine care, we are ready when you need us.
Contact Shamieh Law today by calling 501-361-1334 for a free consultation to discuss your case.