Arkansas Car Accident Laws

Suffering serious injuries after a Fort Smith car accident is a traumatic experience. Suddenly, everything about your life changes. Your daily routine is no longer the same, and everything else takes a backseat to your physical recovery. However, even once you start to feel better, the lingering effects of an accident persist. You may have been unable to work for months and now face sizable medical bills. Or perhaps you missed out on important family activities, such as a wedding, graduation, or family vacation, because you were still recovering. Whatever your particular circumstances, a Fort Smith car accident can profoundly impact your life in many ways.

At the Law Office of Jason M. Hatfield, P.A, our Fort Smith Car accident lawyers help accident victims and their families obtain meaningful compensation, helping them on their road to recovery. We have decades of experience investigating, preparing, negotiating and litigating car accident claims, often against some of the country’s largest and most well-funded insurance companies. We also understand that you may not be looking forward to the thought of picking up the phone to talk to a lawyer about your accident. Thus, we do everything we can to make the process as easy on you and your family as possible.

A Guide to the Car Accident Process

Recovering After a Fort Smith Car Accident

Anyone injured in an Arkansas car accident can pursue a personal injury claim against the party or parties responsible for causing the accident. A personal injury case is a civil claim focused on providing accident victims with monetary damages to help make up for what they have been through. These cases differ from criminal cases, which sometimes follow serious car accidents, in that criminal cases are focused on punishing a driver for their reckless actions. In a criminal case, even if a driver is found guilty, the judge cannot order the defendant to compensate the accident victim for their injuries.

In Arkansas, car accident cases are based on the legal theory of negligence. To successfully bring a Fort Smith car accident claim, you must prove the four elements of a negligence claim.

Duty – Did the other driver owe you a duty of care? Generally, all motorists owe everyone else on the road a legal duty to drive safely and responsibly. This includes following all traffic laws and posted traffic signs and signals.

Breach – Did the other driver breach the duty of care they owed to you? This is where a driver’s negligence comes into play. For example, did the other driver violate a traffic law, which led to the accident?

Causation – Were the other driver’s actions the cause of your injuries? Causation is a complex legal doctrine that requires you to prove two things. First, that your injuries would not have occurred absent the other driver’s actions, and second, that the other driver’s negligence was the legal cause of your injuries. This requires courts consider whether your injuries were a foreseeable consequence of the other driver’s negligence.

Damages – Did you suffer economic or non-economic injury due to the other driver’s negligence? Often, it is not a matter of whether an accident victim sustained damages, but the extent of their damages. It is imperative accident victims identify the full extent of their damages because they only have one chance to bring a personal injury lawsuit after an accident.

While proving each of these elements may seem straightforward in theory, in practice, the insurance company handling your case will almost certainly dispute at least some element of your claim. For example, even if the other driver is clearly at fault, the insurance company may claim that your injuries were not as serious as you claim them to be. An experienced Fort Smith car accident lawyer can ensure that you are treated fairly by aggressively advocating on your behalf at every stage of the process.

Arkansas Modified Comparative Negligence Rule

While some car accidents result from one driver’s negligence, it is common for a victim’s own actions to play a small role in causing an accident. In these situations, Arkansas courts apply the doctrine of modified comparative fault to determine which accident victims can recover compensation for their injuries and how much they are entitled to.

Under the doctrine of modified comparative negligence, even those drivers who are partially responsible for an accident can pursue a claim against other negligent drivers. However, an accident victim’s total recovery amount will be reduced by their percentage of fault. For example, assume you were involved in a Fort Smith car accident when another driver ran a red light. At the time of the accident, you were traveling 15 miles per hour over the speed limit. The jury determines that you suffered a total of $200,000 in damages but that you were 15 percent responsible for the collision. In this case, you would recovery a total of $170,000, or $200,000 less 15 percent.

Modified comparative negligence allows accident victims to recover compensation for their injuries unless they are 50 percent or more at fault. If a judge or jury determines you were 50 percent responsible for an accident, you would not be able to recover from any other negligent driver. This illustrates the importance of having the assistance of an experienced For Smith car accident lawyer. An attorney can help you defend against an insurance company’s claim that you were responsible for an accident.

Were You Involved in a Fort Smith, Arkansas Car Accident?

If you or someone you love recently suffered serious injuries in a car accident, it is normal to have questions about the recovery process. The Fort Smith personal injury lawyers at the Law Office of Jason M. Hatfield, P.A., are here to help. Our lawyers have decades of experience fighting on behalf of injured motorists to ensure they recover the compensation they need and deserve. While we recognize that nothing can take away the pain, inconvenience, and emotional stress caused by an accident, we can help you pursue meaningful compensation that can make the recovery process easier for you and your family. To learn more and schedule a free consultation, give the Law Office of Jason M. Hatfield, P.A. a call at 479-361-3575. You can also reach us through our online contact form.

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Fort Smith Personal Injury Lawyer

Fort Smith Personal Injury Lawyers

We pursue fair compensation on behalf of accident victims throughout Sebastian County

Suffering a serious injury can throw your life into a tailspin. You may suddenly find yourself in the hospital, missing weeks of work, and wondering what your future will look like. When will doctors say you can go home? When will you be able to return to work? Will there be any additional follow-up medical treatment you’ll need to pursue? How are you going to pay for all of this? These are common questions anyone would ask themselves if they were in your position. At the Law Office of Jason M. Hatfield, P.A., we are a compassionate team of Fort Smith personal injury lawyers who are here to help accident victims on their road to recovery. Our lawyers will take the time to sit down with you and listen to your story because we believe the more we know about your case, the better we can help.

We handle a variety of Fort Smith personal injury cases

For more than 20 years, the Law Office of Jason M. Hatfield has provided exceptional representation to Fort Smith accident victims and their families. We believe that by holding people accountable for the harms caused by their negligent actions, we are not only helping clients, we are also helping make Arkansas a safer place.

Accidents are one of the leading causes of preventable injury in Arkansas and across the United States. At the Law Offices of Jason M. Hatfield, we proudly represent clients who suffered injuries related to any of the following accidents.

Car Accidents

Motor vehicles are necessary in today’s society; however, our reliance on them creates a situation where many drivers overlook the dangers these vehicles present. Motorists owe a duty of care to the others on the road. This means that a driver who negligently causes a car accident that injures another motorist, passenger, bicyclist or pedestrian can be held liable for the injured party’s damages. In most cases, these Fort Smith car accident lawsuits are filed against the at-fault driver, and that driver’s insurance company has a duty to assign that negligent driver an insurance defense lawyer to defend the case under the insurance policy. A knowledgeable Fort Smith car accident lawyer can help accident victims effectively prepare their claims.

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Over 500 people are killed in fatal Arkansas car accidents and another 2,000 seriously injured each year. Roughly 20 percent of all fatal traffic accidents in the state involve a driver who was under the influence of alcohol.

Truck Accidents

Arkansas truck accidents make up only a small percentage of the total number of traffic accidents in the state. However, they comprise a much larger portion of those accidents resulting in serious or fatal injuries.

About one in six fatal Arkansas motor vehicle accidents involves a large truck like a semi-truck.

Most truck drivers understand the dangers of driving a huge vehicle and take the necessary precautions. However, unfortunately, that is not always the case. Truck drivers are under tremendous time pressure to travel as many miles as they can each day, which increases the chances of distracted driving or drowsy driving accidents. If you or a loved one were involved in a Fort Smith truck accident, speaking with an attorney is an excellent first step to gaining a greater understanding of how to hold a negligent truck driver accountable for their actions.

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Motorcycle Accidents

While many people think motorcycle accidents usually involve a single vehicle, that is not the case.

Motorcycles are involved in about ten percent of all fatal and non-fatal traffic accidents in Arkansas.

Many people are under the false impression that most motorcycle accidents are single-vehicle accidents. However, that is not the case; more than half of all Arkansas motorcycle accidents involved at least one other vehicle.

Unfortunately, due to the lack of protection motorcycles offer to riders, injuries in these accidents tend to be severe. Even if you are wearing a helmet, you can still suffer life-changing injuries, such as a traumatic brain injury, broken bones, severe burns and more. Fort Smith motorcycle accident victims should reach out to an experienced personal injury lawyer to help them prepare their claim.

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Slip and Fall Accidents

Falls are among the most common causes of injury among older adults; however, every age group is at risk. Property owners have a legal obligation to keep their property safe for invited guests. The extent of a property owner’s duty varies, depending on the type of location they own and the nature of your visit. However, typically, a landowner must warn guests of known hazards that could threaten their safety. And when it comes to business, they have a heightened duty to conduct routine inspections to discover potential hazards that could be dangerous for customers. Fort Smith slip and fall accidents can happen anywhere, including:

Grocery stores
Shopping malls
Department stores
Public buildings
Hospitals and doctor’s offices
Parking lots and parking garages

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FREE CONSULTATION

8 Stages of the Personal Injury Lawsuit Process in Arkansas

Sustaining an injury after a severe accident can be a very stressful experience. Most people considering a personal injury lawsuit have little to no experience with the process. Going through the personal injury process with an expert attorney can make the process less intimidating & more manageable. The Arkansas personal injury lawyers at the Law Office of Jason M. Hatfield, P.A. have outlined the eight stages of how the personal injury process works in the state.

Damages in a Fort Smith Personal Injury Lawsuit

Those who successfully bring a Fort Smith personal injury lawsuit can recover financial compensation for their injuries. While every case is unique, and it’s impossible to pinpoint what a damages award will look like without an in-depth case analysis, Arkansas law generally allows accident victims to recover for their economic and non-economic damages.

Economic Damages

Economic damages pay you back for the money you were forced to spend (or could not make) because of the accident. For example, medical bills, lost wages, decreased earning capacity and property damage are all types of economic damages. Proving economic damages is generally pretty straightforward, as you can present objective evidence of the amount of damages. For instance, we can present the court with your total medical bills to prove the cost of your medical treatment.

Non-Economic Damages

Non-economic damages, on the other hand, are a little more complicated. These damages compensate you for the emotional and psychological effect the accident had on your life. For example, the following are all types of non-economic damages:

Pain and suffering
Emotional distress
Loss of enjoyment of life
Loss of familial relationships

Arkansas Personal Injury Guide Infographic

If you have been injured by someone’s negligence, whether from a car crash or a construction site accident, you may be able to receive economic recovery to help you move forward with your life. Here is a quick guide to Arkansas personal injury law to help answer questions you may have.

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Personal Injury Frequently Asked Questions

What are common injuries for a personal injury case?

The most common personal injuries include:

Traumatic brain injuries
Whiplash
Amputations
Crush injuries
Back injuries
Spinal cord injuries
Fractures
Internal organ damage
Broken bones
Deep disfiguring cuts
Burns
Nerve damage
Paralysis
Scarring
Penetrating wounds from flying objects
Airbag injuries, including broken nose and/or jaw
Dislocations

Personal injuries are very common and each year across the nation, roughly 39 million Americans need medical treatment for a wide range of such injuries. Of great concern is the fact that medical errors and accidental injuries are the third leading cause of death.

What documents do I need for a personal injury lawsuit?

For your personal injury attorney to help you build a case seeking compensation for your injuries, several pieces of evidence would be helpful. Those documents include:

Police reports
Statements made by witnesses
Survivor/client statement – this is a crucial document that outlines, in the survivor’s words what happened and how it affects their life.
Medical documents, including E.R. Records, doctor treatment notes, rehabilitation reports, and autopsy reports.
Any reports dealing with past safety concerns of a vehicle and/or past safety violations.
Pictures and/or video of the accident scene and injuries.
Any private investigation reports available (can be obtained through discovery).
The service history of the vehicle involved in the crash.
The 911 call transcript.
Any audio recordings available captured on a smartphone.
Relevant W2 forms that indicate lost wages
All receipts of medical expenses related to the accident, vehicle rental, payments to others to transport you.
Keep all your files relating to the crash together and keep a digital and physical copy. Use a spreadsheet to indicate what you have and what you still need to obtain.

Your attorney may have other documents they could use to build your case. They ask for those when they discuss your case with you when you find out your legal rights, and determine if you want to proceed with a personal injury claim.

What to do after an injury in an accident?

If you have been hurt in an accident, there are some things that you need to do immediately, if possible. You want to protect your rights while seeking compensation for your injuries from an insurance company. Here are things you need to do as quickly as possible:

Call the police and make sure you get the accident report.
If possible, get the contact information of other witnesses.
Get medical help immediately or as soon as possible. Do not wait.
Describe all of your injuries no matter how small or big they are, as the doctor documents them for the medical record. These records are helpful for your personal injury attorney while seeking compensation for your injuries.
No matter what tests are ordered, get all of them done as instructed. Ask for x-rays, scans, or an MRI if the injuries are serious. Get the results of those tests for your attorney.
Do not provide “any” statement whatsoever to any insurance company, including your own. While you can notify them of the accident, do not provide any other details until you have retained a car accident attorney.
If you do not have an experienced car accident attorney, make sure you hire one as soon as you can.
Keep personal records of all your injuries, how you feel, your experiences, what medical treatment you obtained, what the outcome was, and keep receipts for all expenses related to the accident.
No matter how you feel, follow through on ALL doctor, therapist, and therapy appointments. Always show up and do what you were instructed to do, and do not skip any appointments.
Throughout this process of recovering from injuries in a car accident, dealing with insurance companies and your attorney, have patience. The process to recover compensation for your injuries can be a long one.

What's a type of personal injury case?

Personal injury cases can happen at any time and anywhere. The most common types of personal injury cases include:

Nursing home abuse, neglect
Traumatic brain injuries
Birth injuries
Aviation, boating accidents
Spinal cord injuries
Medical malpractice
Wrongful death claims
Slip and fall accidents
Car accident claims
Medical malpractice
Wrongful death claims
Dog bites
Defamation claims, as personal injury cases do not always involve physical injuries
Assault
Accidents in the workplace
Premises liability claims
Product liability claims
Construction injuries

Contact the Law Office of Jason M. Hatfield P.A.

While almost every accident victim can point to some type of damage they suffered due to the accident, identifying the full extent of your damages is critical to your full recovery. You only get one chance to bring a case, so you want to make sure you get it right. The Law Office of Jason M. Hatfield, P.A., represents injured workers from all over Northwest Arkansas including Fort Smith, Springdale, Fayetteville, Rogers, Bentonville, Berryville and Harrison.

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Fort Smith Wrongful Death Cases

Preventable accidents claim thousands of lives in Arkansas every year. Whether a loved one is lost after a motor vehicle accident, workplace accident or any other type of accident, the result is tragic. While many accident victims can physically recover from their injuries, sadly, many do not. Families who have lost a loved one in a preventable accident can pursue a Fort Smith wrongful death case against the at-fault party.

Who can file a wrongful death lawsuit?

A wrongful death claim is a type of personal injury case except that, instead of being brought by the accident victim, it is brought by their surviving family members. Wrongful death claims can be filed after any type of accident. The following family members can file a wrongful death claim:

Spouses
Children
Parents
Siblings
The personal representative of the accident victim’s estate

What damages are available in a wrongful death lawsuit?

The damages available through a wrongful death claim are similar to those in a personal injury claim and include:

Medical bills and expenses
Lost wages and lost earning capacity
Lost benefits (such as health insurance premiums)
Compensation for your loved one’s pain and suffering
Compensation for your own mental anguish

Contact the Law Office of Jason M. Hatfield P.A.

If you or a loved one was recently involved in a Fort Smith accident, do not hesitate to reach out to the Law Office of Jason M. Hatfield, P.A. In the aftermath of a fatal accident, families may be looking for answers that are hard to come by. At the Law Office of Jason M. Hatfield, our compassionate wrongful death lawyers can help you understand your options so you can make the decision that is best for your family. For more than two decades, attorney Hatfield and his dedicated team have served Fort Smith and the surrounding communities. As skilled negotiators, we can often resolve our clients’ cases without the need for a trial; however, we are also aggressive litigators and will not hesitate to take your case to trial if the insurance company is not willing to offer a fair settlement offer. To learn more and schedule a free consultation with a Fort Smith, personal injury lawyer, give us a call today at 479-361-3575. Calling is free, and we will not bill you for our services unless we can help you recover compensation for your injuries.

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Arkansas Car Accident Laws