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In this article, you will discover:
Currently, Arkansas doesn’t have any biking-under-the-influence statutes. The DWI statute in Arkansas requires that you be operating a motor vehicle or a boat. An e-bike is neither.
However, just because the DWI statute doesn’t apply to e-bikes doesn’t mean that you should get drunk and ride around on one. You can still injure yourself, be held responsible for an accident and be charged with public intoxication or disorderly conduct.
These are difficult claims because you’re not required to have insurance to ride an e-bike. Suppose somebody without substantial assets hit you. It will be challenging to get a contingency-fee attorney to take a case like this. Essentially, you’re throwing good money after bad if there’s no hope of recovery, and insurance is usually what provides the settlement funds for most recoveries.
If you’re not at fault for the accident, you can bring a claim against the at-fault person for hitting your bike.
We’ve successfully litigated cases like this in a car-versus-car context, where our client was not at fault but was tested at the scene and found to be under the influence. You can still make a claim.
While you shouldn’t drink and drive, that doesn’t mean that someone can hurt you and avoid liability. If it wasn’t your fault, you should not be held accountable.
The officer on the scene may ask you to perform field sobriety tests and to take a portable breathalyzer test. You’re always entitled to refuse that.
If you refuse the breathalyzer test, the police can take you to jail under suspicion of being publicly intoxicated. Even if the police don’t have chemical evidence that you’re intoxicated, if you look intoxicated in the officer’s body cam footage, slur your words, smell of alcohol and fall over, that’s evidence of impairment also.
When you represent someone who was impaired and in a bike accident, you do everything you can to keep harmful evidence like that out while maximizing the damages and the negligence of the person who caused the accident.
You don’t want the intoxication to be the center of your claim. Nor do you want to make harmful statements about drinking, being drunk, or not remembering what happened as a result.
You don’t need to say to any insurance company or anyone investigating your claim. If you have a skilled attorney, you have an advocate and a mouthpiece to speak favorably about the facts for you, so your claim doesn’t become devalued.
For more information on Arkansas DUI and e-bike accident claims, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (479) 227-3060 / (479) 412-HURT today.