The aftermath of a car accident can be overwhelming, leaving you with physical injuries, emotional trauma, and financial burdens. Navigating the legal complexities of an accident claim can feel even more daunting. Don’t try to handle this alone. You need an Arkansas car accident attorney.
At Harris Law Firm, PLLC, we understand the challenges you face. We are dedicated to helping Arkansas car accident victims get the compensation they deserve. Our experienced team will guide you through every step, working to protect your rights and serve your best interests.
What Should I Do After a Car Accident?
In the immediate aftermath of a car accident, the adrenaline rush and confusion can make it difficult to think clearly. However, taking the proper steps can significantly impact the outcome of your case. Here’s a quick guide outlining the critical first moments after a collision.
Call 911
Ensure everyone’s safety by checking for injuries and calling 911 if necessary. Seek medical attention as soon as possible. You can be seen by the paramedics at the accident scene or the doctors at the hospital emergency room.
Even if you feel okay initially, get checked by your primary care doctor. Some injuries, like whiplash or internal bleeding, may not manifest immediately.
The medical records from these visits are essential documentation for your case.
Document the Scene
Take pictures and videos of the damage to your vehicle, the surrounding area, and any visible injuries. This evidence will be crucial for your insurance claim and potential legal proceedings.
Gather Information
You should exchange contact and insurance details with the other parties involved. Additionally, collect witness information if available. Their statements can be invaluable in establishing fault.
Check to see if any video surveillance in the vicinity recorded the accident and order the accident’s police report.
Protect Your Rights
Do not discuss the accident in detail with anyone except the police and your lawyer. Remember, anything you say can be used against you. Never admit fault. Talk to an Arkansas personal injury lawyer first.
Which Parties Can Be Liable for a Car Accident?
Determining fault in a car accident is crucial for pursuing compensation. Here’s a breakdown of potential liable parties.
The Other Driver
The other driver’s negligence can lead to an accident, making them financially responsible. Examples of negligence include speeding, distracted driving, and driving under the influence.
Employers
If the at-fault driver was working during the accident and acted within the scope of their employment, their employer might also be held liable. Examples include employers of company vehicle drivers or delivery drivers.
Government Agencies
Poorly maintained roads, faulty traffic signals, or inadequate signage can sometimes contribute to accidents. If a government agency is responsible for these issues, it may be liable for damages.
Vehicle Manufacturers
The manufacturer could be held responsible if a defective vehicle component, such as malfunctioning brakes or faulty airbags, causes a car accident. Vehicle manufacturers may also be held liable for design flaws.
Third-Party Maintenance Providers
If a car accident is due to improper maintenance or repairs performed by a mechanic or other service provider, they could be liable for negligence.
Alcoholic Beverage Retailer
If a drunk driver caused the car accident, the company that sold them alcohol may be liable for damages. Specifically, if the retailer knew or should have known that the person was intoxicated when they sold the person alcohol, the retailer can be found liable.
How Can I Hold Insurance Companies Accountable?
Arkansas is considered an “at-fault” state. That means every driver is required to carry liability insurance. In other words, if the driver is at fault in a car accident, their insurance will pay for the other driver’s (and passengers’) damages.
Because the law is set up this way, you have three paths you can take if you’re the victim in a car accident:
- File a claim with the at-fault driver’s insurance company;
- File a lawsuit against all liable parties; or
- If the at-fault driver is uninsured, file a claim with your own insurance company under your uninsured motorist policy (if you have one).
Sometimes you can choose more than one path. An auto accident attorney can help you navigate your options.
Liability Insurance Minimums
Keep in mind that while all drivers are required to have liability insurance, this insurance can be pretty limited. Under state law, it only has to cover:
- $25,000 per person for bodily injury or death,
- $50,000 per accident for bodily injury and death (if there was more than one victim), and
- $25,000 per accident for property damage.
Even if your damages are much higher than the at-fault driver’s insurance limits, the insurance company only has to reimburse you up to the limits of the insurance policy. That’s why it’s important to get an auto accident attorney to make sure you’re considering all responsible parties, not just the driver.
Optional Insurance Coverage
In addition to seeking compensation from a third party, you may have the ability to pursue compensation from your own insurance company. This depends on the circumstances of your case and the types of optional coverage you carry.
There are three common types of optional insurance that may be involved in your car accident situation. Your car wreck lawyer can assist you in understanding your coverage and help you pursue the full compensation you deserve.
Personal injury protection (PIP) insurance
Personal injury protection, or PIP, is commonly called “no-fault” coverage because it pays for your medical expenses and certain other costs after a car accident, regardless of who was at fault. This includes hospital bills, rehabilitation, lost wages, and sometimes even essential services like child care or housekeeping if your injuries prevent you from performing daily tasks.
Often, PIP can be vital in the immediate aftermath of a crash. It offers quick access to funds for treatment without the need to wait for a liability determination or settlement. However, it’s important to note that PIP is optional in Arkansas, so it may or may not be included in your policy. Additionally, it has coverage limits and may not provide full compensation, especially in serious injury cases. In those situations, we often pursue additional claims against the at-fault party to recover the full scope of damages.
Collision auto insurance
Like PIP, collision insurance pays for damages regardless of who is at fault in the car accident. While PIP covers injuries and lost wages, collision insurance covers your vehicle. Whether you hit another car, a tree, or a pole, this coverage should help you repair or replace your vehicle.
Uninsured/Underinsured motorist (UM/UIM) insurance
UM/UIM insurance is meant to protect you if you’re hit by a driver who doesn’t carry auto insurance, despite legal requirements, or who has insufficient insurance to cover your losses. It can also cover hit-and-run accidents where the other driver flees the scene. This type of coverage helps ensure that you can still receive compensation for injuries, lost income, and other damages when there’s no one else to hold financially accountable or the responsible party can’t realistically pay the damages.
Even though a UM/UIM claim involves your own insurance company, you are likely to face many of the same challenges you would with a claim against an at-fault party. For this reason, it’s just as important to have legal assistance with a UM/UIM claim as it is for any other injury claim.
What Damages Can I Recover for a Car Accident?
The aftermath of a car accident can leave you facing significant financial burdens. Fortunately, Arkansas law allows you to seek compensation for your losses. These damages include the following:
- Medical expenses,
- Lost wages,
- Property damage,
- Pain and suffering,
- Loss of enjoyment of life, and
- Mental anguish.
The compensation you receive will depend on the severity of your injuries, the extent of your losses, and the specific facts of your case. An experienced Arkansas car accident lawyer can help you assess the full scope of your damages and fight for the maximum compensation you deserve.
Punitive Damages
Under Arkansas state law, if you’re in a car accident, you may be eligible to recover punitive damages. Punitive damages are damages beyond the compensatory categories listed above. Punitive damages are meant to act as punishment for particularly egregious actions, such as driving under the influence or driving recklessly. To obtain punitive damages, your auto accident attorney must prove the responsible party knew or should have known their actions would cause harm and acted with malice or reckless disregard for your safety.
FAQs
The following are answers to common car accident questions.
Is There a Cap on the Amount of Compensation I Can Recover?
No. Arkansas state law doesn’t limit compensatory damages. Your car crash lawyer can help you make sure that all your necessary medical care, treatment, and services are accurately calculated and pursue compensation for the full value of your pain and suffering.
How Long Do I Have to Bring a Car Accident Case in Arkansas?
In Arkansas, you have three years from the date of the accident to file a lawsuit for personal injuries sustained in a car accident. This deadline is known as the statute of limitations. Missing this deadline can significantly impact your ability to recover compensation for your damages.
Immediately contacting Harris Law Firm allows us to assess your case, gather evidence, and begin the legal process within the allotted timeframe. Our experienced legal team understands the importance of timely action and will work diligently to protect your rights and maximize your chances of a successful outcome.
Does Arkansas Law Allow Me to Recover Compensation If I Am Partially at Fault for the Car Accident?
Maybe. Arkansas follows a modified comparative negligence rule. You can still recover compensation for your car accident injuries even if you were partially at fault. But, the amount of compensation you receive is affected by your percentage of fault.
You can recover compensation if your fault is less than that of the party or parties you are suing. However, your compensation is reduced by your percentage of fault. For example, if you were found to be 20% at fault for the accident, your total compensation would be reduced by your 20% fault.
It’s important to note that if you are found to be 50% or more at fault, you cannot recover any compensation in Arkansas.
An experienced car accident attorney at Harris Law Firm can help you understand your rights and assess the potential impact of shared fault on your case. We will work diligently to gather evidence and present a solid case to maximize compensation, even if you were partially at fault.
Will My Case Go to Trial?
While most car accident cases in Arkansas are settled outside of court, the possibility of a trial exists. If your case does proceed to trial, having legal representation with trial experience is crucial. At Harris Law Firm, our team of skilled car accident attorneys has extensive courtroom experience and a proven track record of success. We will aggressively fight for your rights and present your case persuasively to the jury, maximizing your chances of a favorable outcome.
Contact a Car Accident Lawyer in Arkansas
The car accident legal process is complicated. Having a seasoned car accident lawyer on your side can make a significant difference in your case. Since 1981, Harris Law Firm has been a pillar of the community, fighting for the rights of injured victims.
With us, you’re not just another case file. Our award-winning attorneys design their legal strategy individually for each case, ensuring every client’s needs are met.
With us by your side, you can focus on healing while we fight for your rights. Contact us today for a free consultation.