Pedestrian or Bicycle Accident in Little Rock: Your Legal Rights and Next Steps

Arkansas law places a heightened duty on motor vehicle operators whenever pedestrians or cyclists are nearby. Under Ark. Code § 27-51-702, drivers must yield the right of way to pedestrians who are crossing the roadway within any marked crosswalk and within any unmarked crosswalk at an intersection. An unmarked crosswalk is the legal extension of the sidewalk across an intersection even when no painted lines exist. A driver who fails to yield and strikes a pedestrian has violated the statute — and that violation is direct evidence of negligence.

Arkansas also requires drivers to exercise due care to avoid colliding with pedestrians anywhere on the roadway, to sound a horn when necessary to warn a pedestrian, and to take every reasonable precaution to ensure pedestrian safety. This duty exists even when a pedestrian is outside a crosswalk. A driver who sees someone walking in the road — even jaywalking — still has a legal obligation not to hit them if avoidance is possible.

For cyclists, Arkansas law grants bicycles the same rights and responsibilities as motor vehicles on public roads. Drivers must treat a cyclist in the travel lane the same as any other vehicle. That means maintaining appropriate following distance, not crowding a cyclist when passing, and yielding to cyclists who have the right of way. Little Rock has designated bicycle lanes and shared lanes on several major corridors — a driver who crosses into a bike lane and strikes a cyclist is in clear violation of their duty of care.

The injuries in pedestrian and bicycle accidents are among the most severe in personal injury law. When a vehicle weighing several thousand pounds strikes a person on foot or a cyclist with no protective enclosure, the forces involved are catastrophic. Traumatic brain injuries, spinal cord damage, pelvic fractures, femur fractures, and internal organ injuries are all common, even at moderate vehicle speeds. These are not soft tissue injuries that resolve with physical therapy — they frequently require surgery, extended rehabilitation, and ongoing care.

Traumatic brain injuries (TBIs) deserve particular attention. Even when a cyclist is wearing a helmet, the force of impact against a vehicle hood, windshield, or pavement can cause intracranial bleeding, concussion, and permanent cognitive damage. TBI symptoms — memory loss, mood changes, chronic headaches, difficulty concentrating — often persist for months or years, and the long-term costs can be enormous. Establishing the connection between the accident and these symptoms is critical and often requires expert medical testimony.

Road rash from bicycle crashes, while appearing minor, can cause permanent scarring, nerve damage, and infection risk requiring skin grafting in serious cases. Broken collarbones, torn rotator cuffs, and shattered wrists are common when a cyclist braces against a fall. Document every injury, every medical visit, every prescription, and every limitation the injury has placed on your work and daily life — this documentation is the foundation of your damages claim.

Little Rock has marked crosswalks at signalized intersections and at some mid-block locations, as well as unmarked crosswalks at unsignalized intersections where sidewalks extend across the roadway. Ark. Code § 27-51-702 protects pedestrians in both. A driver who hits you at an unmarked intersection crossing cannot argue that the absence of painted lines means you lacked the right of way.

However, pedestrian right of way is not unlimited. Arkansas law prohibits pedestrians from suddenly leaving a curb or other place of safety and stepping into the path of a vehicle that is so close it is impossible for the driver to yield. If you stepped off the curb directly in front of an oncoming vehicle with no reasonable time for the driver to stop, the insurer will assign fault to you. The facts determine how much: how far away was the vehicle, how fast was it traveling, was the driver distracted or speeding?

At signalized intersections, the pedestrian signal controls the right of way. Walking on a Don't Walk indication or against the traffic signal is a code violation that an insurance adjuster will use to argue you bear fault for the collision. If you had a Walk signal and the driver ran the red or failed to yield while turning, the driver's fault is clear and well-documented. Intersection camera footage, traffic signal timing records, and eyewitness statements are the key evidence in these disputes — and camera footage is often overwritten within 30 days.

Arkansas uses modified comparative fault under Ark. Code § 16-64-122 with a 50% bar — stricter than the 51% bar used in many other states. If a jury finds you are 50% or more at fault for the accident, you recover nothing. If you are found less than 50% at fault, your damages are reduced by your exact fault percentage. So if your total damages are $150,000 and you are found 25% at fault, you recover $112,500.

Insurance adjusters in pedestrian and bicycle cases use comparative fault aggressively. Common arguments include: you were not in a crosswalk, you were wearing dark clothing at night, you were riding against traffic, you failed to use available bike lanes, you were looking at your phone, or you failed to make eye contact with the driver before crossing. Some of these arguments reflect genuine shared fault — others are manufactured to minimize the settlement.

Your ability to counter these arguments depends entirely on the strength of your evidence. A police report that documents the driver's failure to yield, surveillance footage from nearby businesses, witness statements confirming you had the right of way, and a careful reconstruction of the scene can expose fault attribution arguments for what they are. In Little Rock, the Pulaski County Circuit Court is the venue for personal injury trials — juries decide fault percentages based on the evidence presented.

Arkansas has no statewide law requiring adult cyclists to wear helmets. Little Rock has no city ordinance mandating helmet use for riders of any age. You were not breaking the law by riding without a helmet.

That said, the absence of a legal requirement does not fully protect you from helmet-related arguments in your civil claim. Under Arkansas's comparative fault system, a defense attorney or insurance adjuster may argue that your decision not to wear a helmet contributed to the severity of your head injuries — not to the accident itself, but to the extent of the harm you suffered. If you sustained a traumatic brain injury while riding without a helmet, expect this argument and be prepared for it.

If you were wearing a helmet at the time of the accident, document it immediately. Tell paramedics and emergency room staff that you were wearing a helmet. Preserve the helmet — a cracked or crushed helmet is physical evidence of the force of impact. If you were not wearing a helmet and suffered head injuries, a medical expert can help establish what a helmet would or would not have prevented, which limits the fault attributed to that decision.

Several areas in Little Rock see disproportionate pedestrian and cyclist injuries. The Riverdale area along Cantrell Road is a high-traffic commercial corridor with frequent pedestrian crossings, fast-moving vehicles, and limited pedestrian infrastructure at some points. The Kavanaugh Boulevard area in the Heights neighborhood has heavy foot traffic from nearby restaurants and shops, with crossings that can be unpredictable for drivers. Main Street downtown and the South Main corridor near the SoMa neighborhood concentrate pedestrian activity around dining and entertainment, particularly at night.

The Big Dam Bridge trail and the Arkansas River Trail are among the most popular cycling routes in the region. The trail crossings at road intersections can be hazardous — drivers crossing the trail path often do not anticipate cyclists traveling at speed. The junction areas near the Rebsamen Park Road are particularly noted for cyclist-vehicle conflict. The River Trail's intersection with surface streets requires extra caution from both cyclists and drivers.

University Avenue, Asher Avenue, and West Markham Street are high-volume arterials with concentrated retail and transit activity that create frequent pedestrian-vehicle conflict. Poorly lit sections, missing curb cuts, and gaps in sidewalk infrastructure in certain neighborhoods on both the west and east sides of the city can also be contributing factors in pedestrian accidents — and where infrastructure deficiencies contributed to your accident, there may be additional claims beyond driver negligence.

Call 911. Even if you believe your injuries are minor, call for police and emergency services. A police report documenting the driver's information, the location, road and weather conditions, and any witness statements is essential evidence. The responding officer may issue a citation to the driver for failing to yield, running a red light, or other traffic violations — which directly supports your civil claim. Do not assume the driver will accurately represent what happened. Drivers routinely minimize their own fault at the scene.

Seek medical attention the same day, even if you feel you can walk away. Adrenaline and shock can mask the full severity of injuries for hours or days after impact. Spinal injuries, internal bleeding, and traumatic brain injuries frequently present with delayed symptoms. UAMS Medical Center is the state's primary academic medical center and a Level I trauma center. CHI St. Vincent Infirmary in Little Rock is a verified Level II trauma center. Go to the emergency room and give a complete account of how the accident occurred and every symptom you are experiencing.

Document the scene before you leave if you are physically able. Photograph the vehicle that hit you, the license plate, and the point of impact on the vehicle. Photograph the roadway, crosswalk markings, traffic signals, skid marks, and your bicycle or other personal property. Note whether there are any nearby businesses, traffic cameras, or residential doorbell cameras that may have captured the accident. Get the name and contact information of every witness. Photographs and witness statements preserve facts that memory does not.

Were you hit by a car while walking or biking in Little Rock? Get your free Injury Claim Check. Answer a few questions about your accident and injuries and receive a personalized report covering your filing deadline under Arkansas law, how comparative fault may apply to your situation, and whether connecting with an Arkansas personal injury attorney makes sense for your case.

Pedestrian and bicycle accident claims involve severe injuries, complex fault disputes, and insurance adjusters whose job is to minimize what they pay. Understanding your rights before you talk to the driver's insurer is not optional — it is essential. The Injury Claim Check is free, takes a few minutes, and gives you a clear picture of where you stand.