Getting into a motorcycle accident can be terrifying and overwhelming, leaving you unsure of what steps to take next.
Knowing what to do in those critical moments after a crash can protect your health, preserve your legal rights, and strengthen any potential injury claim.
This guide walks you through every step you need to take after a motorcycle accident in Arkansas, from the immediate aftermath to securing the compensation you deserve.
Immediate Steps at the Accident Scene
The moments right after a motorcycle accident are critical for your safety and any future claim.
Your actions during this time can make a significant difference in both your recovery and your ability to get fair compensation.
Check for Injuries and Get to Safety
Your first priority is making sure you and anyone else involved are safe.
If you can move without causing further injury to yourself, get out of traffic and to a safe location.
Motorcyclists are especially vulnerable on the roadway, and staying in the path of oncoming vehicles puts you at risk for additional injuries.
If you or anyone else is seriously hurt, stay still and wait for emergency responders to arrive.
Moving someone with a spinal injury or severe trauma can cause permanent damage.
Call 911 Right Away
Always call 911 after a motorcycle accident, even if you think your injuries are minor.
Some injuries don’t show symptoms immediately, and having emergency responders document the scene is valuable for your claim.
When you call 911, request both police and medical assistance.
The police will create an official accident report that documents what happened, and paramedics can evaluate your injuries on the spot.
This official documentation becomes critical evidence if you need to file an insurance claim or lawsuit later.
Stay at the Scene
Leaving the scene of an accident in Arkansas is against the law and can result in criminal charges, even if you weren’t at fault.
Arkansas law requires all drivers involved in an accident to remain at the scene and exchange information.
If you leave before police arrive or before exchanging information with the other party, you could face hit-and-run charges that carry serious penalties.
Staying at the scene also allows you to gather evidence and witness statements while the details are fresh.
Gathering Evidence After the Crash
The evidence you collect at the accident scene can make or break your injury claim.
Insurance companies often try to minimize payouts, and solid evidence is your best defense against their tactics.
Take Photos and Videos of Everything
If you’re physically able, use your phone to take extensive photos and videos of the accident scene.
Capture damage to your motorcycle from multiple angles, showing both close-up details and wider shots that show the full extent of the damage.
Photograph the other vehicle involved, including their license plate, vehicle identification number if visible, and any damage to their vehicle.
Take pictures of the road conditions, traffic signs, skid marks, debris, and anything else that might have contributed to the accident.
If there are visible injuries on your body like road rash, bruises, or bleeding, photograph those as well.
Weather conditions matter too, so capture images that show whether it was raining, foggy, or if visibility was poor.
Get Information from the Other Driver
Exchange contact and insurance information with everyone involved in the accident.
You need their full name, phone number, address, driver’s license number, license plate number, and insurance company details.
If the other driver is operating a commercial vehicle or was working at the time of the accident, get their employer’s information as well.
Write down the make, model, and color of their vehicle.
Be polite but keep your conversation limited to exchanging information.
Do not apologize or admit fault for the accident, as these statements can be used against you later.
Talk to Witnesses
Witnesses who saw the accident happen can provide valuable third-party accounts of what occurred.
Get the names and phone numbers of anyone who stopped or saw the crash.
Ask them briefly what they observed, and if they’re willing, have them provide a written statement or record a short video statement on your phone.
Witnesses are more likely to help immediately after the accident than weeks or months later when their memory has faded.
Their testimony can be especially important if the other driver lies about what happened or if there’s a dispute about who was at fault.
Note the Road and Weather Conditions
Document everything about the environment where the accident occurred.
Write down or record notes about the road surface: was it wet, icy, covered in gravel, or poorly maintained with potholes?
Note the weather conditions, including temperature, precipitation, and visibility.
If the accident happened at an intersection, document whether traffic signals were working properly and what the signal showed at the time of the crash.
Arkansas has many rural roads with poor lighting, sharp curves, and inadequate signage, all of which can contribute to motorcycle accidents.
Getting Medical Treatment
Seeking medical care after a motorcycle accident isn’t just about your health, it’s also about protecting your legal claim.
Insurance companies look for any reason to deny or reduce your compensation, and delaying medical treatment is one of their favorite excuses.
Go to the Emergency Room or Urgent Care Immediately
Even if you feel okay after the accident, you need to get checked out by a medical professional as soon as possible.
Adrenaline and shock can mask pain and symptoms, and some serious injuries don’t become apparent for hours or even days.
Head injuries, internal bleeding, and soft tissue damage are common in motorcycle accidents but may not cause immediate symptoms.
Going to the emergency room creates a medical record that links your injuries directly to the accident.
If you wait days or weeks to see a doctor, the insurance company will argue that your injuries weren’t serious or weren’t caused by the accident.
Arkansas courts recognize that gaps in medical treatment can hurt your claim, even if you had good reasons for the delay.
Follow All Treatment Plans
Once you’ve been evaluated by a doctor, follow their recommendations exactly.
Attend every appointment, take medications as prescribed, and complete any physical therapy or rehabilitation programs.
Insurance companies track your medical treatment closely, and missing appointments or ignoring doctor’s orders gives them ammunition to claim your injuries weren’t that serious.
Keep records of every medical visit, including the date, provider name, treatments received, and costs.
Save all receipts for medications, medical equipment, and travel expenses related to your treatment.
Be Honest About Your Symptoms
Tell your doctors about every symptom you’re experiencing, even if it seems minor.
Motorcycle accident injuries often involve multiple body parts, and something that seems insignificant now could develop into a major problem later.
Be specific about your pain levels, mobility limitations, and how the injuries are affecting your daily life.
If your doctor doesn’t document a symptom, the insurance company will assume it doesn’t exist.
Don’t downplay your injuries or try to tough it out, this only hurts your recovery and your claim.
Dealing with Insurance Companies
Insurance companies are not on your side, even your own insurance company.
Their goal is to pay as little as possible, and they use various tactics to minimize or deny claims.
Report the Accident to Your Insurance
Arkansas law requires you to report any accident that causes injury, death, or property damage over $1,000 to the authorities and your insurance company.
Call your insurance company to report the accident, but keep the conversation brief and stick to basic facts.
Tell them when and where the accident happened and that you were injured, but don’t give a detailed statement about your injuries or how the accident occurred yet.
Insurance adjusters are trained to get you to say things that can be used against you later.
Wait until you’ve spoken with an attorney before providing a recorded statement or signing any documents.
Don’t Talk to the Other Driver’s Insurance Company
The other driver’s insurance adjuster will likely contact you within days of the accident, often before you’ve even left the hospital.
They may seem friendly and concerned about your well-being, but their only goal is to get you to say something that hurts your claim.
Politely tell them you’re not comfortable giving a statement and that they should contact your attorney.
Never give a recorded statement to the other driver’s insurance company.
Never sign any documents they send you, including medical releases or settlement offers.
These documents often contain language that gives away your rights or allows them to access all your medical records, not just those related to the accident.
Understand Arkansas Insurance Requirements
Arkansas requires all drivers to carry minimum liability insurance of $25,000 per person and $50,000 per accident for bodily injury, plus $25,000 for property damage.
These minimums are often not enough to cover serious motorcycle accident injuries, which can result in hundreds of thousands of dollars in medical bills.
If the at-fault driver only has minimum coverage, you may need to use your own underinsured motorist coverage to get full compensation.
Arkansas also follows a modified comparative fault rule, meaning you can still recover compensation even if you were partially at fault, as long as you’re not more than 50% responsible for the accident.
However, your compensation will be reduced by your percentage of fault.
Understanding Your Legal Rights in Arkansas
Arkansas has specific laws that affect motorcycle accident claims, and understanding these rules is important for protecting your rights.
Knowing what the law says can help you avoid common mistakes that hurt your case.
Arkansas Statute of Limitations
The Arkansas statute of limitations gives you three years from the date of the accident to file a personal injury lawsuit in Arkansas.
If you wait longer than three years, the court will almost certainly dismiss your case, and you’ll lose your right to compensation forever.
While three years might seem like a long time, it’s important to start the legal process as soon as possible.
Evidence disappears, witnesses forget details, and your memory of the accident fades over time.
Starting your claim early also gives your attorney more time to build a strong case and negotiate with insurance companies.
Arkansas Helmet Laws
Arkansas law requires all motorcyclists under 21 years old to wear a helmet, but riders 21 and older can choose whether to wear one if they have proper insurance coverage.
If you weren’t wearing a helmet at the time of the accident, the insurance company will try to use this against you to reduce your compensation.
They’ll argue that your head injuries or other injuries would have been less severe if you’d been wearing a helmet, even if the helmet law didn’t require you to wear one.
However, not wearing a helmet doesn’t automatically bar you from recovering compensation, especially if your injuries aren’t related to head trauma.
Lane Splitting and Filtering Laws
Lane splitting is illegal in Arkansas under Arkansas Code § 27-51-302, which requires all vehicles to remain entirely within a single lane.
The law states that vehicles must be driven as nearly as practical within a single lane and cannot be moved from that lane until the driver confirms the movement can be made safely.
This prohibition applies to both lane splitting (riding between lanes of moving traffic) and lane filtering (moving between stopped or slow-moving vehicles).
If you were lane splitting at the time of your accident, the insurance company will argue that you were violating state law and are therefore at fault.
Under Arkansas’s comparative fault system, this illegal maneuver can reduce your compensation significantly, even if the other driver was primarily responsible for the crash.
Comparative Fault Rules
Arkansas uses a modified comparative fault system, which means you can still recover damages even if you share some blame for the accident.
However, if you’re found to be more than 50% at fault, you cannot recover any compensation.
If you’re found to be 30% at fault, your compensation will be reduced by 30%.
For example, if your total damages are $100,000 and you’re 30% at fault, you would receive $70,000.
Insurance companies often try to shift as much blame as possible onto the motorcyclist to reduce the amount they have to pay.
Common Mistakes That Hurt Your Claim
Many motorcycle accident victims unknowingly damage their own claims by making simple mistakes in the days and weeks after the crash.
Avoiding these errors can mean the difference between fair compensation and a denied claim.
Posting on Social Media
Insurance companies routinely monitor social media accounts of accident victims looking for posts they can use against you.
A photo of you smiling at a family gathering might be used to argue that your injuries aren’t as serious as you claim.
A post about taking a short walk could be twisted to suggest you’re not really disabled.
Even posts that seem innocent can be taken out of context and used to deny or reduce your claim.
The safest approach is to stay off social media entirely until your case is settled.
Don’t post about the accident, your injuries, your medical treatment, or your daily activities.
Set all your social media accounts to private and don’t accept friend requests from people you don’t know, they could be working for the insurance company.
Giving Recorded Statements Too Soon
Insurance adjusters often call accident victims within hours or days of the crash and ask for a recorded statement.
They present this as a routine part of the claims process, but it’s actually a trap.
The adjuster will ask leading questions designed to get you to admit fault, minimize your injuries, or contradict yourself.
They might ask about pre-existing conditions or injuries from years ago, then use that information to argue your current injuries aren’t from the accident.
Once you give a recorded statement, you can’t take it back, and anything you say can be used against you throughout the claims process.
Always speak with an attorney before giving any recorded statement to any insurance company, including your own.
Accepting a Quick Settlement
The insurance company may offer you a settlement within days or weeks of your accident, often before you’ve even finished your medical treatment.
These quick settlement offers are always far less than what your claim is truly worth.
Once you accept a settlement and sign a release, you give up your right to ask for more money later, even if you discover your injuries are worse than you thought.
Motorcycle accident injuries can take months to fully develop, and you might need surgery, long-term physical therapy, or other expensive treatments that weren’t apparent at first.
Never accept a settlement offer without having an attorney review it first.
Talking About the Accident
Be very careful about what you say to anyone about the accident, even friends and family members.
Don’t speculate about what happened or admit that you might have done something wrong.
Saying things like “I should have been paying more attention” or “I didn’t see them” can be used to prove you were negligent.
If someone from the insurance company or the other driver contacts you directly, politely refuse to discuss the accident and refer them to your attorney.
Why You Need an Attorney for Your Motorcycle Accident Claim
Handling a motorcycle accident claim on your own puts you at a serious disadvantage against insurance companies that have teams of lawyers working to deny or minimize your claim.
Having an experienced Arkansas motorcycle accident attorney levels the playing field and significantly increases your chances of getting fair compensation.
Insurance Companies Treat You Differently
Insurance adjusters know when you’re represented by an attorney, and they change their behavior accordingly.
When you don’t have an attorney, they’ll use aggressive tactics to pressure you into accepting a low settlement or making statements that hurt your claim.
When you have legal representation, they know they can’t take advantage of you and they take your claim more seriously.
Attorneys understand the tricks insurance companies use and how to counter them.
They know what your case is truly worth based on years of experience handling similar claims.
Getting Answers Faster with the Latest Technology
At Shamieh Law, we use cutting-edge technology to analyze evidence and build strong cases quickly.
We work with accident reconstruction professionals who use advanced software to recreate the accident and prove how it happened.
We also work with medical professionals who use the latest diagnostic tools to document the full extent of your injuries.
This technology allows us to get answers faster and build a stronger case than you could on your own.
Having detailed accident analysis and comprehensive medical evidence makes it harder for insurance companies to deny your claim or blame you for the accident.
We Handle Everything So You Can Focus on Recovery
Dealing with insurance companies, gathering evidence, and negotiating a settlement takes significant time and energy.
When you’re recovering from serious injuries, you need to focus on your health, not on fighting with insurance adjusters.
An attorney handles all communication with insurance companies, files all necessary paperwork, and deals with the legal complexities of your case.
You can focus on following your treatment plan and getting better while your attorney fights for the compensation you deserve.
Contingency Fee – No Upfront Costs
At Shamieh Law, we work on a contingency fee basis, which means you don’t pay anything unless we win your case.
We cover all the upfront costs of investigating your claim, hiring professionals, and building your case.
You only pay attorney fees if we recover compensation for you, and the fee comes out of the settlement or verdict.
This arrangement allows you to get quality legal representation regardless of your financial situation.
You don’t have to worry about how you’ll afford an attorney while you’re dealing with medical bills and lost income from missing work.
What Compensation You Can Recover
Motorcycle accidents often result in severe injuries that affect every aspect of your life.
Arkansas law allows you to recover compensation for both economic damages and non-economic damages related to your accident.
Medical Expenses
You can recover compensation for all medical treatment related to your accident injuries.
This includes emergency room visits, hospital stays, surgeries, doctor visits, physical therapy, medications, medical equipment, and any future medical care you’ll need.
Keep detailed records of every medical expense, including travel costs to and from medical appointments.
If you need ongoing treatment for years to come, your attorney will work with medical professionals to calculate the cost of future care and include that in your claim.
Lost Wages and Lost Earning Capacity
If your injuries forced you to miss work, you can recover compensation for those lost wages.
This includes regular salary or hourly wages, overtime, bonuses, and any other income you would have earned if not for the accident.
If your injuries are so severe that you can’t return to your previous job or can only work part-time, you can also recover compensation for lost earning capacity.
This represents the difference between what you would have earned over your lifetime and what you can now earn with your limitations.
Pain and Suffering
Arkansas law allows you to recover compensation for the physical pain and emotional distress caused by your injuries.
This includes the pain you’ve already experienced and the pain you’ll continue to experience in the future.
Pain and suffering damages recognize that serious injuries affect your quality of life in ways that go beyond medical bills and lost wages.
You might not be able to enjoy hobbies or activities you loved before the accident, or you might struggle with anxiety and depression because of your injuries.
Property Damage
You can recover compensation for damage to your motorcycle, riding gear, and any other personal property damaged in the accident.
This includes the cost to repair your motorcycle if it can be fixed, or the fair market value if it’s totaled.
Custom parts, accessories, and aftermarket modifications should also be included in your property damage claim.
Your helmet, jacket, boots, and other riding gear often need to be replaced after an accident even if they don’t look damaged, since they may have structural damage that compromises their protective ability.
How Arkansas's 2025 Law Changes Affect Your Claim
Recent changes to Arkansas tort law in 2025 have significantly impacted how much compensation injury victims can recover.
Understanding these changes is critical because they directly affect the value of your motorcycle accident claim.
The End of Phantom Medical Bill Recovery
Arkansas House Bill 1204, which became Act 28 and took effect on August 4, 2025, eliminated the ability to recover the full amount of medical bills in personal injury cases.
Before this law changed, you could claim the total amount billed by hospitals and doctors, even if your health insurance negotiated a lower payment amount.
Now, you can only recover the amount actually paid to medical providers, not the inflated bills they initially charged.
This change dramatically reduces the value of injury claims because hospitals often bill much more than they accept as payment.
For example, if a hospital bills $50,000 for treatment but accepts $15,000 from your insurance as full payment, you can now only recover that $15,000 in your injury claim.
The insurance company for the at-fault driver saves $35,000, while you lose that compensation.
Impact on Settlement Values
This law change means motorcycle accident settlements in Arkansas are now worth significantly less than they would have been before 2025.
Insurance companies are already using this law to offer lower settlements, knowing that the total damages they have to pay are capped at actual payments, not billed amounts.
If you have health insurance, this law hurts your claim because insurance companies negotiate deep discounts with medical providers.
If you don’t have health insurance and pay cash, you might actually recover more because you pay the full price.
This creates an unfair situation where having health insurance reduces your injury compensation.
Why You Need Strong Legal Representation Now More Than Ever
With reduced medical bill recovery, every other element of your claim becomes more important.
Your attorney needs to thoroughly document your pain and suffering, lost wages, future medical needs, and how the injuries have affected your daily life.
Building a complete picture of your damages requires experience and knowledge of how to present your case in the most compelling way.
Insurance companies know that settlements are now lower, and they’ll fight even harder to reduce your compensation further.
Having an attorney who knows how to counter their tactics and build the strongest possible case is critical to getting fair compensation under the new law.
Special Considerations for Arkansas Motorcycle Accidents
Motorcycle accidents in Arkansas present unique challenges that require careful attention and quick action.
Understanding these Arkansas-specific issues can help you protect your rights and build a stronger claim.
Rural Road Dangers
Many motorcycle accidents in Arkansas happen on rural roads that wind through the Ozark and Ouachita Mountains.
These roads often have sharp curves, steep grades, poor visibility, and inadequate warning signs.
Loose gravel, debris, and animals on the roadway create additional hazards for motorcyclists.
If poor road maintenance or inadequate signage contributed to your accident, you may have a claim against the state or local government responsible for maintaining that road.
However, claims against government entities have strict deadlines and special procedures, so acting quickly is essential.
Uninsured and Underinsured Motorists
Arkansas has a higher rate of uninsured motorists than the national average, with many drivers carrying only the state-required minimum insurance.
If the driver who hit you doesn’t have insurance or doesn’t have enough insurance to cover your damages, you’ll need to file a claim under your own uninsured or underinsured motorist coverage.
This type of claim can be complicated because you’re essentially filing against your own insurance company, which will try to minimize what they pay just like any other insurer.
Your attorney can negotiate with your insurance company to get you the full value of your underinsured or uninsured motorist coverage.
Tourist Riders and Out-of-State Drivers
Arkansas attracts many motorcyclists from other states who come to ride the scenic mountain roads.
If you were injured in an accident with an out-of-state driver, jurisdiction and insurance issues can complicate your claim.
You may need to deal with an insurance company based in another state that’s not familiar with Arkansas law.
Having an attorney who understands how to handle multi-state claims ensures your rights are protected regardless of where the at-fault driver lives.
Get the Compensation You Deserve After Your Motorcycle Accident
The steps you take after a motorcycle accident can make all the difference in your physical recovery and your ability to get fair compensation.
From gathering evidence at the scene to understanding how recent Arkansas law changes affect your claim, every decision matters.
At Shamieh Law, we’ve helped many motorcycle injury victims across Arkansas recover the compensation they deserve after serious accidents.
We treat every client like family and get to work on your case right away, using the latest technology to build the strongest possible claim.
With over $250 million recovered for our clients, we have the experience and track record to fight for your rights.
We handle every aspect of your motorcycle accident claim so you can focus on getting better.
Contact our team today by calling 501-361-1334 to discuss your case and learn how we can help you win.