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Auto Accident Attorney in Arkansas

Auto Accident Attorney in Arkansas

Arkansas is a “comparative fault” state. In Arkansas, every auto driver is financially liable for any accident in which they are deemed to be more than 50% at fault. Drivers are required under Arkansas State Law to purchase Auto Accident Insurance Liability Insurance to offset this risk.

Arkansas has the highest rate of road death fatalities in the United States. With Auto Insurance premiums at an all-time high and no end to the road chaos, there is plenty of work for the estimated 1,265 Auto Accident Attorneys in Arkansas.

Minimum Arkansas Car Insurance Cover

Arkansas auto drivers are required by State Law to hold the following auto insurance cover as a minimum: Bodily Injury Liability: $30,000 per person and $60,000 per accident. Property Damage Liability: $25,000. Personal Injury Protection (PIP): $2,500.

These are the minimum amounts required under Arkansas State Law and most auto insurance policy holders opt to increase their level of Auto Accident Insurance cover with the following optional Arkansas insurance extras

  • Liability Coverage
  • Collision and Comprehensive Coverage
  • Medical Payments and Personal Injury Protection (PIP) Coverage
  • Uninsured/Under-insured Motorist Coverage
  • Mexico Coverage
  • Rental Reimbursement and Towing Coverage
  • Negligence Law

Who Pays in a Car Accident in Arkansas

Arkansas is a “comparative fault” State. This means you are financially liable for any accident in which you are deemed to have caused by being more than 50% at fault. If the other party is deemed to be more than 50% at fault it is their insurance policy that must pay compensation.

Depending on your level of cover you can be sued personally if an award is made against you that’s above your auto insurance policy limits

Who does an Auto Accident Attorney in Arkansas Sue?

Arkansas is a highly litigious state with the worst accident injury rates in the whole of the United States. An auto accident attorney can be hired to sue:

  • another party if you believe they have caused you injury
  • your own insurance company to maximize a direct compensation payout
  • an auto accident attorney in Arkansas can also defend you against criminal charges

How many Auto Accidents in Arkansas

Over 3,700 people are killed in auto accidents in Arkansas each year, with an average year on year increase of 7.3% in motor vehicle traffic fatalities, according to the Arkansas State Government

The fatality rate on Arkansas roadways for 2018 was 1.44 deaths per hundred million vehicle miles traveled. Representing a 2.12% decrease from 2017.

254,415 persons were injured in motor vehicle accidents in Arkansas last year. Pedestrian fatalities totaled 699 in 2018. This is a 8.11% year on year decrease.

Road Deaths in Arkansas 2019

  • 1 person is killed every 2 hours and 28 minutes
  • 1 person is injured every 2 hours and 11 minutes
  • 1 auto accident occurs every 42 seconds in Arkansas
  • 568 motorcyclists killed in 2017. 52% were not wearing helmets
  • Arkansas saw 565 people killed in head-on collisions in 2018.
  • There were no deathless days in Arkansas roads last year.
  • July was the deadliest month with 388 persons killed in Auto Accidents in Arkansas

What do you do after a car accident in Arkansas?

Experiencing an auto accident is a stressful time. Thoughts become irrational as the adrenaline kicks in, helping accident victims deal with these hugely stressful incidents. These are the 8 things to do immediately following an auto accident in Arkansas.

  1. Check for injuries and stay calm
  2. Dial 911 for the emergency services
  3. Do not leave the scene of the accident
  4. Follow police instructions but do not admit guilt or answer questions
  5. Gather information, shoot video and take photos
  6. Call your insurance company
  7. Follow medical instruction
  8. Contact an auto accident attorney in Arkansas

Is Arkansas a Litigious State for Auto Accidents

Court Cases involving an Auto Accident Attorney in Arkansas made up the largest share of the Arkansas Court system costs, according to the State Government.

There are over 1,200 Auto Accident Attorneys in Arkansas with specializations including

  • Small vehicle accident attorney
  • Truck Accident Attorney in Arkansas
  • Arkansas Auto Accident Attorney Generalist
  • Arkansas Insurance Auto Accident Attorney
  • Personal Injury Attorney in Arkansas
  • Commercial Vehicle Auto Accident Attorney in Arkansas
  • Uber Auto Attorney in Arkansas
  • Lyft Auto Accident Attorney in Arkansas

Arkansas Statute of Limitations in Auto Accidents

The statute of limitations for a car accident in Arkansas is two years from the date of the car accident (Sec. 16.003). The Arkansas two-year statute of limitations applies to all claims made by drivers, passengers, pedestrians, truck drivers and motorcyclists. The clock starts ticking on the day of the accident and not the day you consult an auto accident attorney in Arkansas.

How long does an insurance company have to settle a claim in Arkansas?

  1. Your insurance company must acknowledge your claim within 15 working days
  2. Within this 15 day they should request any further information from you
  3. Insurance companies in Arkansas may extend this 15 days by a further 45 days and inform you of their reason
  4. Generally, if an insurance company extends the 15-day time frame clients will consult an auto accident attorney in Arkansas.
  5. There is no time frame for your insurance company to settle the claim. On average it takes between 3 and six months.
  6. Once approved, your claim must be paid within 5 days
  7. If the claim involves a weather event or natural disaster a Arkansas insurance company may take 45 additional days to approve or deny your claim and 15 additional days to pay your claim.
  8. An auto accident Attorney in Arkansas may help speed up your compensation payout, or may delay proceedings to maximize your payout.

How much car insurance do I need in Arkansas?

  • Bodily Injury Liability: $30,000 per person
  • $60,000 per accident
  • Property Damage Liability: $25,000
  • Personal Injury Protection (PIP): $2,500.

These are not high minimums. In a more severe auto wreck accident, the Arkansas Statutory minimum insurance levels may prove to be inadequate.

If you are judged to be more than 50% at fault in a Arkansas car accident the other side may hire an attorney to personally sue you for any difference between their financial compensation award and the insurance policy limits.

Is Arkansas a no-fault state

Arkansas is not a no-fault state. Some states in the USA require a no-fault insurance policy, often known in Arkansas as PIP.  Every driver in Arkansas is required to hold auto insurance to cover expenses for the other driver in the event of an accident.

Insurance Payout Limits in Arkansas for Personal Injury

Arkansas uses 50 percent modified comparative negligence laws, so the court decides how much each party in an accident is at fault. You can claim damages from the other party if your level of fault does not exceed theirs.

However, your damages will be also be reduced according to your apportioned level of fault.

Arkansas Auto Attorney Insurance Claims Rights

According to the Arkansas Bill of Consumer Rights (Order No. 12-0862), you have the right to be treated fairly, honesty and with respect when you make a claim. If you believe you are being treated unfairly by your insurance company, make a complaint to the TDI in Arkansas and consult an auto accident attorney in Arkansas with immediate effect.

Over 72% of Auto Accident Attorneys in Arkansas are hired to fight an individual’s own insurance company for a better deal.

Arkansas State Auto Accident Demographics

Arkansas (/ˈɑːrkənsɔː/ AR-kən-saw) is a state in the southern region of the United States, home to over 3 million people as of 2018. Its name is from the Osage language, of Siouan derivation; it denoted their related kin, the Quapaw people. The state’s diverse geography ranges from the mountainous regions of the Ozark and the Ouachita Mountains, which make up the U.S. Interior Highlands, to the densely forested land in the south known as the Arkansas Timberlands, to the eastern lowlands along the Mississippi River and the Arkansas Delta.

Arkansas is the 29th largest by area and the 33rd most populous of the 50 United States. The capital and most populous city is Little Rock, located in the central portion of the state, a hub for transportation, business, culture, and government. The northwestern corner of the state, such as the Fayetteville–Springdale–Rogers Metropolitan Area and Fort Smith metropolitan area, is a population, education, and economic center. The largest city in the state’s eastern part is Jonesboro. The largest city in the state’s southeastern part is Pine Bluff.

The Territory of Arkansas was admitted to the Union as the 25th state on June 15, 1836. Much of the Delta had been developed for cotton plantations, and the state landowners largely depended on enslaved African Americans as workers. In 1861, Arkansas seceded from the United States and joined the Confederate States of America during the Civil War.

On returning to the Union in 1868, the state continued to suffer due to its reliance on the large-scale plantation economy. Cotton continued as the leading commodity crop, although the cotton market declined. Because farmers and businessmen did not diversify and there was little industrial investment, the state fell behind in terms of its economy and opportunities for residents.

White rural interests dominated the state’s politics by disenfranchisement of African Americans and by refusal to reapportion the legislature. It was not until after the civil rights movement and passage of federal legislation that more African Americans were able to vote. The Supreme Court overturned rural domination in the South and other states that had refused to reapportion their state legislatures, or retained rules based on geographic districts. In one man, one vote, it ruled that states had to organize both houses of their legislatures by districts that held approximately equal populations, and that these had to be redefined as necessary after each decade’s census.

Following World War II, Arkansas began to diversity its economy. In the 21st century, its economy is based on service industries, aircraft, poultry, steel, and tourism, along with important commodity crops of cotton, soybeans and rice.

The culture of Arkansas is observable in museums, theaters, novels, television shows, restaurants, and athletic venues across the state. Notable people from the state include politician and educational advocate William Fulbright; former president Bill Clinton, who also served as the 40th and 42nd governor of Arkansas; general Wesley Clark, former NATO Supreme Allied Commander; Walmart founder and magnate Sam Walton; singer-songwriters Johnny Cash, Charlie Rich, Jimmy Driftwood, and Glen Campbell; actor-filmmaker, Billy Bob Thornton; poet C. D. Wright; and physicist William L. McMillan, who was a pioneer in superconductor research.

Can someone sue you for a car accident if you have insurance in Arkansas?

If your insurance policy does not cover the amount awarded to the other party you may find yourself in a lawsuit regardless of whether you held car insurance. For this reason many auto accident attorneys advocate the purchase of premium cover and under-insurance ‘gap’ policies.

Do I call my insurance if it’s not my fault?

You must report any damage to your vehicle or personal injuries to yourself or others to your insurance provider immediately. Your insurance company will help file a claim against the other party and start the process of compensation.

Also contact an auto accident attorney in Arkansas for a Free Consultation and Claim Evaluation

How long do you have to file an accident report in Arkansas?

You must file an accident report with the Arkansas Department of Transport within 10 days of the auto accident. The report should be on form CR-2 available here and can be filed by you, your insurance company or your auto accident attorney in Arkansas

Do I need an Auto Accident Attorney in Arkansas?

An Auto Accident Attorney is not required for every case. For example, cases with minor injuries, soft tissue damage or ‘fender benders’ may not require a specialist auto accident attorney in Arkansas.  In more severe personal injury cases you need an expert specialist attorney to protect your interests, regardless of whether you have one appointed for you by your insurance company.

Average Auto Accident Payout in Arkansas

The average car accident compensation settlement in Arkansas is $22,887 in 2018, according to the Arkansas bureau of Statistics. The average auto accident payout by using an auto accident attorney in Arkansas was $44,887.

Hit by a Drunk Driver in Arkansas

In the United States 32 people die every day from vehicle accidents that involve a drunk driver. A drunk driver could face criminal charges from the state of Arkansas and civil charges from the injured parties.

Convictions for criminal charges can result in fines, jail, rehab and community service. A civil Court case could force the drunk driver to financially compensate victims.

If you’ve been hit by a drunk driver in the State of Arkansas check out our list of Auto Accident Attorneys in your area who are experts at DUI auto accidents.

Arkansas is a pure negligence state and you are free to lodge a lawsuit against a drunk driver who caused you or a loved one personal injury.

Filing a civil lawsuit in Arkansas against a drunk driver will require that you prove them responsible for your injuries. An experienced auto accident attorney in Arkansas will need to demonstrate beyond reasonable doubt that:

  1. The other driver owed you a duty of safe travel as you shared the road.
  2. The driver breached his or her duty by an act of negligence (e.g. drunk driving).
  3. The driver’s negligent act caused injury to you in the form of a car accident
  4. The injuries caused you to suffer specific, quantifiable damages.

Take our online Compensation Checker to find out from an auto accident attorney in Arkansas how much compensation you could expect if you’ve been injured by a drunk driver.

Car Accident Lawyer in Arkansas

What Damages can I claim for after a Arkansas Car Accident?

  • Medical Costs
  • Lost Wages
  • Pain & Suffering
  • Diminished Earning Capacity
  • Non-economic Damages

How do I calculate Pain and Suffering in Arkansas

Arkansas uses a multiplier to work out the amount of compensation to be paid as a result of pain and suffering. For example, if your case is worth $40,000 in specific damages, but your pain and suffering has a multiplier of five for temporary brain damage, the total amount payable will be $200,000 in non-economic damages.

Will an Auto Accident Attorney in Arkansas increase my Pain and Suffering Payout

An experienced auto accident attorney in Arkansas will be instrumental in pushing up both specific damages and the pain & suffering multiplier. As can be seen in the example, both elements are key to securing the financial compensation package you deserve.

Average Whiplash Settlement in Arkansas

Arkansas does not have whiplash settlement guidelines though mild to moderate whiplash claims can result in a compensation payout from $2,500 to $10,000 worth of compensation. For severe whiplash claims in Arkansas, expect this figure to rise over the $22,000 level.

Can I Sue Uber or Lyft in Arkansas

If you’ve sustained injuries in an Uber, Lyft or other ride-sharing accident you may be entitled to financial compensation from the “at-fault” driver and their insurance company.

If your accident involved an Uber, Lyft or ride share driver who was “on-the-clock” when the accident occurred, you likely won’t make a claim on the driver’s own insurance policy. Instead, the insurance policies of the ride share companies should cover your personal injuries and damages.

Take the following steps if you’ve been involved in an accident with an Uber, Lyft or Ride share Driver either as a passenger or other road user.

  1. Report your Accident Immediately to Police and Uber. File an insurance claim directly with Uber.
  2. Seek Medical Attention. Some injuries can take days or weeks to become fully apparent and a proper diagnosis will help to strengthen your compensation case.
  3. Speak to an auto accident Attorney in Arkansas for a free consultation

Where do most Auto Accidents happen in Arkansas

According to the Arkansas Department of Transport most recorded car incidents requiring the use of an auto accident attorney in Arkansas happen in the following places:

(List of all areas in Arkansas with more than 40,000 people)

Get an Auto Accident Lawyer in Arkansas because the State Legal System is Complex

The Arkansas legal system is complex and navigating Arkansas personal injury law is not something which can be mastered while focusing on your own rest, recovery and rehabilitation. Using an auto accident Attorney in Arkansas should help reduce stress and maximize your financial compensation payout.