A car accident can turn your life upside down in an instant. The aftermath of a crash can be overwhelming, from serious injuries to mounting medical bills and lost wages. If you or a loved one has been injured in a car accident in Arkansas, you need a dedicated legal advocate to fight for your rights. At Levar Law, our experienced Arkadelphia personal injury attorneys are committed to helping accident victims recover the compensation they deserve.
We understand the physical, emotional, and financial toll that a car crash can take. An Arkadelphia car accident lawyer will guide you through the complex legal process, handle negotiations with insurance companies, and protect your best interests.
Common Causes of Motor Vehicle Collisions in Arkadelphia
According to the National Highway Traffic Safety Administration (NHTSA), there were 643 fatal car accidents in Arkansas in 2022. These car wrecks occur for many reasons, often due to negligence or reckless behavior. Some of the most common causes include:
- Distracted driving: Texting, talking on the phone, eating, or adjusting GPS settings can lead to crashes.
- Speeding: Exceeding the speed limit or driving too fast for road conditions reduces reaction time and increases an accident’s severity.
- Drunk driving: Driving under the influence of alcohol or drugs impairs judgment and coordination and significantly increases the risk of collisions.
- Reckless driving: Aggressive driving, weaving through traffic, and ignoring traffic signals are common causes of car accidents.
- Adverse weather conditions: Rain, snow, fog, and ice can make roads slippery and create hazardous road conditions.
- Failure to yield: Many accidents occur at intersections due to drivers failing to yield the right-of-way.
- Defective auto parts or poorly maintained vehicles: Malfunctioning brakes, bald tires, or faulty airbags can contribute to accidents.
These frequently occurring causes of accidents often lead to complex legal disputes, requiring experienced car accident attorneys to establish liability and secure just compensation for those injured by negligent parties.
Injuries Resulting from Car Accidents
The impact of a car accident can inflict a variety of injuries, from minor abrasions to life-altering disabilities. At Levar Law, we understand the physical and emotional toll these injuries take on victims and their families. We have seen the devastating consequences of negligence on the road and are committed to helping you recover the compensation you need to heal. Here are some of the common injuries that can result from car wrecks:
- Whiplash and neck injuries
- Back injuries
- Head injuries and traumatic brain injuries (TBIs)
- Spinal cord injuries and paralysis
- Broken bones and fractures
- Internal organ damage
- Soft tissue injuries
- Burns
- Lacerations and abrasions
- Psychological trauma, including anxiety, depression, and post-traumatic stress disorder (PTSD)
Even seemingly minor injuries can lead to long-term complications. Delayed symptoms are also common. Therefore, seeking medical and legal help as soon as possible is essential. Our experienced team works with medical experts to fully understand the extent of your injuries and their impact on your life. We will ensure that your medical records accurately reflect your condition’s severity and advocate for the compensation you need to cover your medical expenses, lost wages, and pain and suffering.
What To Do After a Car Accident in Arkadelphia
The moments after a car accident can be chaotic and stressful. However, taking the right steps can help protect your legal rights and safety. Taking the following steps is essential:
- Check for injuries: Assess yourself and others for injuries. Seek immediate medical attention if needed.
- Call 911: Report the accident to the police and request medical assistance if necessary. The police report can serve as valuable evidence for your claim.
- Exchange information: Collect contact and insurance details from the other driver involved. Gather witness information if possible.
- Document the scene: Take photos and videos of the accident scene, vehicle damage, road conditions, and visible injuries.
- Seek medical attention: Even if you do not feel injured, seeing a doctor as soon as possible is crucial. Some injuries may not be immediately apparent, and a medical evaluation can help document any injuries related to the crash.
- Report the accident to your insurance company: Notify your insurer about the accident, but be cautious when providing statements. Do not admit fault.
- Consult a car accident lawyer: Contact an experienced Arkadelphia car accident attorney to discuss your rights and options before speaking to the other driver’s insurance company.
By diligently following these steps, you create a clear and accurate record of the incident. This record is essential for navigating insurance claims and potential litigation, ultimately maximizing your chances of a favorable outcome.
Understanding Arkansas Car Accident Laws
Navigating the aftermath of a car accident can be overwhelming, especially when trying to understand the legal complexities involved. At Levar Law, we empower our clients with knowledge of Arkansas’s traffic and liability laws, which are crucial for pursuing a successful claim. Here is a breakdown of some key legal concepts:
Arkansas’s Fault System
Arkansas operates under a fault or tort system. This means that the driver responsible for causing the accident is liable for the resulting damages. Unlike no-fault states, injured parties in Arkansas must prove the other driver’s negligence to recover compensation.
Comparative Negligence
Under Arkansas’ modified comparative negligence rule, you can recover damages as long as you are less than 50% at fault for the accident. However, the court will reduce your compensation by your percentage of fault. You cannot recover any damages if you are 50% or more at fault.
For example, if the court deems you 10% at fault and the total damages are $100,000, you can recover $90,000.
Statute of Limitations
Arkansas’ statute of limitations for personal injury claims arising from car accidents is generally three years from the accident date. This means you have three years to file a lawsuit against the responsible party. Failing to do so within this timeframe may result in losing your right to pursue compensation.
Minimum Insurance Requirements
Arkansas law requires all drivers to carry minimum liability insurance coverage. This includes:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $25,000 for property damage per accident
While not mandatory, uninsured/underinsured (UM/UIM) coverage is highly recommended. This coverage protects you if you are involved in an accident with an uninsured or underinsured driver. It allows you to recover compensation from your own insurance company.
Understanding these Arkansas car accident laws is crucial for protecting your rights and maximizing your chances of a successful claim. Our experienced car accident attorneys will guide you through the legal process, ensuring that you understand your rights and options. We will thoroughly investigate your case, gather evidence, and build a strong legal strategy to pursue the compensation you deserve.
Elements of Negligence
Arkansas car accident claims are typically based on the legal principle of negligence. To successfully pursue compensation, you must demonstrate that the other driver’s negligence directly caused your injuries. Understanding the elements of negligence is crucial for building a strong case. The key components include the following:
Duty of Care
Every driver has a legal duty to exercise reasonable care while operating a vehicle. This duty includes following traffic laws, maintaining a safe speed, and being attentive to their surroundings. In essence, it is the responsibility to act as a reasonably prudent person would under similar circumstances.
Breach of Duty
This occurs when a driver fails to uphold their duty of care. Examples include speeding, running a red light, driving under the influence, or distracted driving. A breach of duty means the driver’s actions fell below the expected standard of care.
Causation
There are two types of causation that you must prove:
- Actual cause: This means that the driver’s breach of duty directly led to the accident. In other words, “but for” the driver’s negligent actions, the accident would not have occurred.
- Proximate cause: This establishes that the driver’s negligence was a foreseeable cause of the accident and your resulting injuries. It ensures that the driver’s liability is not extended to remote or unforeseeable consequences.
Damages
Finally, you must demonstrate that you suffered actual damages because of the accident. These damages can include medical expenses, lost wages, pain and suffering, and property damage. A negligence claim cannot succeed without provable damages.
At Levar Law, we will meticulously investigate your auto wreck to gather evidence that establishes each of these elements.
Compensation for Arkadelphia Car Accident Victims
The cost of car accidents is significant. According to the National Safety Council
The costs associated with car accidents can be substantial. According to the National Safety Council (NSC), the average cost of a car accident can range from around $7,100 for incidents with no observed injuries to over $1,869,000 in cases involving a fatality. These figures highlight a car accident’s significant financial impact, encompassing immediate expenses and long-term consequences.
The types of compensation available to car accident victims in Arkansas generally fall into two categories: economic damages and non-economic damages.
Economic Damages
These damages are intended to compensate you for the financial losses you have incurred due to the accident. They are typically quantifiable and include:
- Medical expenses: This includes all past, present, and future medical bills related to your injuries, such as hospital stays, doctor visits, surgeries, physical therapy, and prescription medications.
- Lost wages: You may be entitled to compensation for lost income if your injuries have prevented you from working. This includes past and future lost earnings.
- Property damage: This covers repairing or replacing your damaged vehicle and any other personal property destroyed in the accident.
- Other out-of-pocket expenses: This may include expenses such as transportation to medical appointments, home modifications, and assistive devices.
Non-Economic Damages
These damages compensate you for the intangible losses you have suffered because of the accident. They are more subjective and difficult to quantify but are equally important. Common examples include:
- Pain and suffering: This compensates you for the physical pain and emotional distress you have experienced.
- Emotional distress: This includes anxiety, depression, PTSD, and other psychological conditions that may arise from the accident.
- Loss of enjoyment of life: This compensates you for the diminished ability to participate in activities you once enjoyed.
- Loss of consortium: This compensates your spouse for the loss of companionship, intimacy, and support.
Punitive Damages
In rare cases, the court may award punitive damages if the other driver’s conduct was particularly egregious or reckless. These damages punish the at-fault driver and deter similar conduct in the future.
How Levar Law Can Help After an Arkadelphia Auto Wreck
After an auto wreck in Arkadelphia, AR, you need a team that understands the local community and is committed to your well-being. At Levar Law, we provide personalized and aggressive legal advocacy to help you receive the compensation you deserve.
From the moment you contact us, we prioritize your case. We understand that each auto wreck is unique, and we take the time to listen to your story, understand your injuries, and assess the accident’s full impact on your life. Here is how we can help:
- Local knowledge: As Arkadelphia personal injury lawyers, we know the local roads, traffic patterns, and legal landscape. This local knowledge gives us a distinct advantage in navigating your case. We understand the nuances of Arkansas law and how they apply to your specific situation.
- Thorough investigation: We conduct thorough investigations to gather crucial evidence, including police reports, witness statements, and accident reconstruction analysis. This meticulous approach helps us build a strong case on your behalf.
- Medical care coordination: We understand the importance of timely and appropriate medical care. We can help you connect with qualified medical professionals in the Arkadelphia area to ensure you receive the treatment you need and can assist in compiling medical records and bills, a vital step in calculating your damages.
- Aggressive negotiation: We are skilled negotiators who will aggressively pursue a fair settlement with the insurance companies. We understand their tactics and will not allow them to minimize your claim.
- Trial-ready representation: If we cannot reach a fair settlement, we are prepared to take your case to trial. Our experienced trial attorneys have a proven track record of success in Arkansas courtrooms.
- Personalized attention: You are not just a case number at Levar Law. We provide personalized attention and keep you informed throughout the legal process. We will answer your questions and address your concerns promptly.
- Contingency fee basis: We handle most personal injury cases on a contingency fee basis, meaning you do not pay any attorney fees unless we recover compensation for you. This allows you to focus on your recovery without worrying about upfront legal costs.
We know that dealing with the aftermath of an auto wreck can be overwhelming. We can help lessen your legal burden so you can focus on healing and rebuilding your life.
Contact Our Car Accident Lawyers in Arkadelphia Today
If you have suffered injuries in a car accident, contact our experienced Arkadelphia car accident attorneys for a free consultation. We can help you navigate the legal process and fight for the compensation you need to help recover.