Pedestrian crashes can change lives in seconds. Someone walking to work, crossing near a store, jogging through a neighborhood, or heading back to a parked car has almost no protection from the force of a moving vehicle. The resulting injuries may affect mobility, independence, employment, and the ability to care for a family.
A pedestrian accident lawyer can help protect the injured person’s rights and best interests. At LeVar Law Injury & Accident Lawyers, we listen carefully, explain the process in plain language, and build claims around the real ways an injury has changed a client’s life.
For a free consultation with a pedestrian accident lawyer in Fort Smith, contact our law firm today. Clients pay nothing unless we win.
Seeking Justice with a Fort Smith Pedestrian Accident Lawyer
People hurt on Rogers Avenue, Garrison Avenue, Towson Avenue, or another busy Fort Smith roadway may face surgery, rehabilitation, and months away from work. Some receive emergency treatment at Mercy Hospital Fort Smith or Baptist Health-Fort Smith. Insurers may begin asking questions before the full extent of the harm is known.
A pedestrian injury claim is about more than a hospital bill. Serious collisions can cause traumatic brain injuries, spinal damage, fractures, internal bleeding, amputations, road rash, and lasting psychological trauma. Even an injury that initially appears manageable can lead to chronic pain or reduced mobility.
Investigating to Determine What Happened
A pedestrian lawyer investigates how the collision occurred and identifies every available source of compensation. The work our attorneys perform may include obtaining the crash report, interviewing witnesses, preserving video, reviewing medical records, and examining phone records. Commercial and rideshare crashes may also involve company insurance.
Compensation may address medical expenses, future treatment, lost income, reduced earning capacity, pain and suffering, disfigurement, and lost daily activities. A pedestrian attorney also considers transportation costs, home modifications, and household help.
Our founding attorney, Alan LeVar, was raised in Arkansas and earned his law degree from the University of Arkansas. His experience includes personal injury litigation and service as a municipal judge. Those lifelong ties shape how our dedicated legal team treats injured Arkansans: with patience, dignity, and personal attention.
Common Causes of Pedestrian Injuries on River Valley Roadways
Fort Smith combines commercial corridors, downtown streets, neighborhoods, parking lots, and routes between Fort Smith and Van Buren. Pedestrians may be especially vulnerable after dark, during rain, or near large intersections.
Common causes include:
- Speeding or driving too fast for current conditions
- Failing to yield at a marked or unmarked crosswalk
- Turning without checking for pedestrians
- Texting or using a phone behind the wheel
- Driving under the influence of alcohol or drugs
- Backing out of a driveway or parking space without looking
- Running a red light or stop sign
- Driving while tired or distracted
Other Factors and Accident Causes to Consider
Road design can also matter. Poor lighting, blocked signs, faded markings, broken signals, or unsafe construction zones may contribute. The City of Fort Smith provides traffic and municipal updates.
Our law firm will look beyond the driver’s first explanation. A claim may involve a delivery company, trucking business, employer, property owner, government entity, or vehicle owner. Prompt investigation matters because video can be overwritten and physical evidence can disappear.
Proving Fault and Liability in a Sebastian County Pedestrian Crash
Successful claims require evidence showing that another party acted negligently and caused the injury. A driver may be liable for speeding, failing to keep a proper lookout, ignoring a signal, or failing to yield. The evidence must also connect that conduct to the pedestrian’s injuries and financial losses.
Useful evidence may include photographs, video, vehicle data, witness statements, 911 recordings, medical records, and scene measurements. A Fort Smith pedestrian injury attorney may also consult with accident reconstruction experts or medical specialists.
A serious case may be filed in a circuit court serving Sebastian County. Many claims begin with an insurance investigation and negotiations. We prepare each claim for further action when necessary.
How Our Pedestrian Accident Law Firm Stands Up to Insurance Adjusters
Insurance adjusters may seem concerned when contacting you, but they will be searching for reasons to reduce your compensation. They may ask for a recorded statement, suggest the pedestrian appeared suddenly, question whether treatment was necessary, or request broad access to prior medical records. An early settlement offer may arrive before doctors know whether surgery or long-term therapy will be needed.
Preventing Mistakes and Miscommunication
A pedestrian lawyer can manage these communications and help prevent damaging misunderstandings. We organize medical proof, document lost earnings, calculate future needs, and respond when an insurer tries to place unfair blame on the injured person.
Looking at All Available Options for Coverage
We will also examine all available coverage. This may include the driver’s liability insurance, an employer’s policy, commercial coverage, or the injured person’s uninsured or underinsured motorist protection. When several parties share responsibility, each may need to be pursued.
You Can Expect Honest, Regular Communication
Clients deserve regular updates and honest advice. Our deep roots in Arkansas are reflected in a down-to-earth approach. We give people a confidential space to share their stories and ask questions without feeling rushed or judged.
Understanding Arkansas Pedestrian Laws and Time Limits to File
Arkansas law A.C.A. § 27-51-1202 requires drivers to yield to pedestrians in marked and unmarked crosswalks at intersections when traffic signals are not operating or are not present. Pedestrians crossing somewhere other than a marked crosswalk or an unmarked intersection crosswalk generally must yield to vehicles under A.C.A. § 27-51-1204.
That does not mean a person outside a crosswalk automatically loses the right to compensation. Drivers still have duties to use reasonable care, maintain a lookout, control speed, and avoid a collision when reasonably possible.
Other State Laws That Could Impact Your Case
Arkansas uses a modified comparative fault system under A.C.A. § 16-64-122. This means the court could reduce your compensation if it finds you are partially to blame. That reduction in compensation will equal the percentage of fault.
For example, suppose your damages are $100,000, and the court says you were 20% to blame. That would reduce your recovery by $20,000, leaving you with $80,000.
If the court finds your percentage of fault equals or exceeds the combined fault of all other parties involved in the incident, you may not qualify for any compensation. A pedestrian attorney can challenge exaggerated blame and present evidence of the driver’s conduct.
Statute of Limitations to Take Legal Action
Most Arkansas personal injury lawsuits must be filed within three years under A.C.A. § 16-56-105. Shorter deadlines and special notice rules may apply when a government body is involved.
The Arkansas Judiciary provides information about the state court system, but case-specific deadline advice should come from an attorney.
Essential Steps to Take After Being Struck by a Vehicle in Fort Smith
Medical care should come first. Some head, spinal, and internal injuries are not immediately obvious. Follow treatment instructions and return for care when symptoms worsen.
When circumstances allow, take these steps:
- Preserve damaged clothing, shoes, phones, and personal property
- Avoid giving a recorded insurance statement before receiving advice
- Keep medical bills, work records, receipts, and insurance letters
- Write down the symptoms and how the injuries affect daily life
- Contact a pedestrian injury lawyer before evidence is lost or deadlines pass
Do not assume the crash report tells the entire story. Officers often must prepare reports quickly and may not have access to nearby video or phone data. A pedestrian accident lawyer can seek additional proof and correct unsupported assumptions.
Contact a Fort Smith Pedestrian Accident Attorney Near You
After a devastating collision, you should not have to face an insurance company alone. At LeVar Law Injury & Accident Lawyers, we offer free, confidential consultations, and clients pay nothing unless we win. For a free case review with a pedestrian accident lawyer in Fort Smith, contact our law firm today.
Frequently Asked Questions About Pedestrian Accident Claims
Below are some of the most common questions people in Sebastian County have asked us about pedestrian injury lawsuits.
How long do I have to file a pedestrian accident claim in Arkansas?
Most Arkansas personal injury lawsuits, including pedestrian accident claims, must be filed within three years under A.C.A. § 16-56-105. Shorter deadlines and special notice requirements may apply if a government entity is involved. Because the correct deadline depends on the facts of the case, it is safer to have a pedestrian accident attorney review your claim as early as possible.
Can I still get compensation if I wasn’t in a crosswalk when I was hit?
Possibly. Arkansas law generally requires pedestrians outside marked or unmarked intersection crosswalks to yield. However, the driver may still share or bear most of the fault for speeding, distraction, impairment, or failing to avoid the collision. Arkansas comparative fault rules determine how assigned fault affects recovery.
What does it cost to hire a pedestrian accident attorney at LeVar Law?
Consultations are free and confidential. We handle injury cases on a contingency fee basis, which means clients pay nothing unless we win compensation. The fee arrangement will be explained clearly before representation begins.
What if the driver who hit me claims they didn’t see me or blames me?
A driver’s statement is not the final answer. A pedestrian attorney can compare that claim with video, lighting conditions, vehicle damage, witness accounts, phone records, and crash-scene evidence. The investigation may show that the driver was distracted, traveling too fast, or failed to keep a proper lookout.