Arkansas Motorcycle Laws: Helmets, Insurance and the 50% Rule

Arkansas gives adult riders more freedom than many states, but it also has a strict fault rule that can end an injury claim. This guide explains the main Arkansas motorcycle laws and what they mean if you are hurt in a crash, with links to sources so you can check each point yourself.

Arkansas motorcycle rules of the road

Licensing

Arkansas requires a Class M license to operate a motorcycle on public roads. You must be at least 16 to get one, and a restricted Class MD license is available to riders between 14 and 16.

Helmets

Under Arkansas Code 27-20-104, only motorcycle operators and passengers under 21 must wear protective headgear. Arkansas adopted a universal helmet law in 1967 and repealed it in 1997. Riders 21 and older may legally choose whether to wear a helmet. For young riders who break the rule, the federal safety agency's state summary lists a fine of $10 to $50.

Eye protection

All motorcycle riders and passengers must wear eye protection, such as protective glasses, goggles or a transparent face shield, regardless of age.

Lane splitting

Arkansas law does not authorize lane splitting or lane filtering, which means riding between lanes of stopped or slow traffic. The Arkansas Motorcycle Operator Manual advises against it. Because it is not authorized, a rider hit while riding between lanes should expect the other side to raise it when arguing about fault.

Insurance and uninsured motorist coverage

Arkansas is an at-fault state, not a no-fault state. Vehicle owners must carry liability insurance of at least $25,000 for bodily injury to one person, $50,000 per accident and $25,000 for property damage. Auto liability policies in Arkansas must offer uninsured motorist coverage, and the buyer can decline it only in writing. Those minimum limits can be small compared with a serious motorcycle injury, so check your own policy for uninsured and underinsured motorist coverage.

Arkansas motorcycle accident law

The deadline to file is 3 years

Under Arkansas Code 16-56-105, most personal injury actions must be brought within 3 years. A wrongful death action under Arkansas Code 16-62-102 generally also has a 3-year deadline. Claims against government bodies can have much shorter notice requirements, so ask a lawyer about those right away.

The 50% fault rule

Arkansas follows modified comparative fault under Arkansas Code 16-64-122. If your share of fault is less than 50%, you can recover, but your damages are reduced by your percentage of fault. If you are found 50% or more at fault, you recover nothing.

• 20% at fault: you can recover, reduced by 20%.
• 49% at fault: you can still recover, reduced by 49%.
• 50% at fault: recovery is barred.

As an illustration only, if damages are valued at $100,000 and a jury assigns you 20% of the fault, your recovery would be reduced to $80,000.

Several liability

Arkansas generally uses several liability, which means each defendant is responsible for its own share of fault rather than the whole judgment. When more than one party may be responsible, identifying all of them early matters.

Helmets and your claim

Because adults 21 and older are not required to wear a helmet, helmet use is not a legal violation for them. An insurer may still argue that going without one made a head injury worse. Keep your helmet after a crash and ask a lawyer how that argument would be handled in your case.

What to do after a motorcycle crash in Arkansas

• Get medical care promptly and describe every symptom, even ones that seem minor.
• Photograph the scene, your bike, your gear and your injuries.
• Save camera footage from a helmet cam, a dash cam or nearby businesses.
• Keep your helmet, jacket and damaged gear instead of throwing them away.
• Collect witness names and ask for the police report number.
• Do not discuss fault with the other driver's insurer until you have spoken with a lawyer.
• Write down your deadline and keep itemized bills and records.

When to talk to a lawyer

A free consultation can help you understand your deadlines, your insurance options and how the 50% rule may be argued. If you decide to hire someone, confirm that the lawyer is licensed in Arkansas, ask for the fee agreement in writing and understand how case expenses are handled before you sign.

Frequently asked questions