Pedestrian Accidents in Arkansas – Know Your Rights and Legal Options

Pedestrian accidents in Arkansas continue to pose serious threats to public safety, especially in urban areas with high traffic congestion and limited pedestrian infrastructure. With a noticeable rise in pedestrian fatalities in the state over the last few years, it’s more critical than ever to understand the legal rights and options available to injured pedestrians. Whether the accident occurred at marked crosswalks, unmarked intersections, or near busy highways, victims of pedestrian accidents may face severe injuries, mounting medical bills, and prolonged emotional trauma.

If you or a loved one has been injured in a pedestrian accident, you may be entitled to pursue a personal injury lawsuit to recover compensation for your losses. Navigating the legal process in Arkansas can be complex, particularly when dealing with insurance companies, determining who had the right of way, or trying to prove liability in a personal injury claim. This guide is designed to help pedestrian accident victims understand their legal rights and how experienced pedestrian accident attorneys can help secure maximum compensation.

Understanding Pedestrian Accidents in Arkansas

What is Considered a Pedestrian Accident?

A pedestrian accident occurs when an individual walking on foot is struck by a motor vehicle. In Arkansas, these accidents can happen in various environments, ranging from urban streets and school zones to parking lots and rural roadways. Pedestrian accident cases often involve factors like failure to yield at marked or unmarked crosswalks, distracted driving, or disregard for traffic signals and pedestrian signals.

Unlike typical traffic accidents, a pedestrian accident typically results in more serious injuries because pedestrians lack any protective barriers. Common victims include children, the elderly, joggers, and commuters. These incidents often form the basis for personal injury claims due to the devastating nature of the injuries involved.

Common Causes of Pedestrian Accidents

Arkansas roads can be dangerous for those on foot, especially when drivers fail to exercise caution. Some of the most common causes of pedestrian accidents in Arkansas include:

• Distracted driving: Texting, eating, or adjusting in-car devices can prevent drivers from noticing pedestrians in time to stop.
• Failure to yield the right of way: Many drivers do not respect pedestrian priority at marked crosswalks or intersections.
• Speeding in pedestrian-heavy zones: High speeds reduce reaction time and increase the severity of pedestrian accident injuries.
• Poor visibility and road conditions: Low lighting, sharp curves, and adverse weather can impair visibility and judgment.
• Impaired driving: Alcohol and drug use remain major contributors to serious accidents involving pedestrians.

In many cases, injured pedestrians face not only physical trauma but also significant financial burdens, including lost income and ongoing medical expenses.

Recent Trends and Statistics

Pedestrian accidents in Arkansas have risen sharply in recent years. Between 2017 and 2022, Central Arkansas experienced a 119.35% increase in pedestrian fatalities. These alarming statistics suggest a growing need for public awareness and stricter enforcement of traffic laws that protect pedestrians.

According to the National Highway Traffic Safety Administration (NHTSA), more than 67,000 pedestrians were injured in traffic crashes across the U.S. in 2022 alone. Compared to national averages, Arkansas ranks higher in pedestrian fatalities per capita. Many of these fatal pedestrian accident cases involve failure to yield at crosswalks or distracted driving by motorists. These trends emphasize the importance of working with experienced pedestrian accident lawyers to ensure injury victims receive fair compensation and justice.

Data also shows that most pedestrian accidents occur during low-light conditions and near intersections without pedestrian signals. Unfortunately, many injury victims underestimate their ability to file a pedestrian accident claim, either due to a lack of information or pressure from insurance companies offering low settlements.

Legal Landscape for Pedestrian Accidents in Arkansas

Arkansas’s Modified Comparative Negligence Law

In Arkansas, pedestrian accident claims are subject to the state’s modified comparative negligence rule. This means that if you’re partially responsible for your accident—for example, by not using a marked crosswalk—you can still recover compensation, but your settlement may be reduced in proportion to your level of fault. However, if you are found to be 50% or more at fault, you cannot recover damages.

This rule plays a crucial role in personal injury lawsuits, as insurance companies often try to assign partial blame to reduce payouts. Having knowledgeable pedestrian accident attorneys on your side is essential to defend your rights and fight for fair compensation.

Relevant Arkansas Statutes & Recent Legal Changes

Arkansas pedestrian accident laws outline specific duties for both drivers and pedestrians. For instance, drivers must yield the right of way to pedestrians in crosswalks and adhere to all traffic signals. On the other hand, pedestrians must obey pedestrian signals and avoid darting into oncoming traffic.

Recent updates in Arkansas Code Title 27 – Transportation have increased penalties for drivers found guilty of reckless behavior resulting in pedestrian accident injuries. These changes underscore the need for skilled pedestrian accident lawyers who stay up to date with evolving legal standards.

State-Specific Legal Precedents and Notable Cases

Several notable pedestrian accident cases in Arkansas have shaped how courts handle personal injury claims involving injured pedestrians. For example, courts have ruled that failure to install proper signage or maintain visibility at intersections can shift some liability to local governments or property owners.

These legal precedents reinforce the importance of building a strong injury claim backed by evidence such as traffic camera footage, eyewitness testimony, and expert accident reconstruction. Experienced pedestrian accident attorneys know how to leverage this information to prove liability and secure a fair settlement.

What to Do After a Pedestrian Accident in Arkansas

Immediate Steps to Take After an Accident

If you’ve been involved in a pedestrian accident in Arkansas, it’s crucial to take immediate action to protect your health and legal rights. First, seek medical attention right away—even if you feel fine initially. Some injuries, including spinal cord injuries and traumatic brain injuries, may not present symptoms immediately but can have lasting effects if untreated.

Call 911 to report the accident. Ensure the incident is officially documented by law enforcement, as a police report can play a key role in your injury claim. Collect contact information from the driver, eyewitnesses, and take photos of the accident scene, including any visible injuries or damage.

Avoid making statements to insurance companies before consulting with pedestrian accident attorneys. Insurance adjusters may try to minimize your claim or shift blame to reduce your compensation.

Seeking Medical Attention

Prompt medical care is not just important for your recovery—it also serves as critical documentation in the claims process. Emergency room records, diagnostic imaging, and treatment notes establish a timeline of your injuries and demonstrate their severity.

Pedestrian accident victims often suffer catastrophic injuries that can alter their lives permanently. These may include broken bones, spinal cord injuries, internal bleeding, and traumatic brain injuries. Long-term care, rehabilitation, and assistive devices can lead to overwhelming medical expenses and lost wages.

Failing to seek medical treatment immediately may weaken your injury claim, as insurance companies could argue your injuries were not serious or were unrelated to the pedestrian accident.

Reporting the Incident and Gathering Evidence

After receiving medical attention, reporting the pedestrian accident to the appropriate authorities is a must. If the accident involved a commercial driver or occurred in a public place, additional agencies may need to be notified.

Document everything related to the accident. This includes medical bills, hospital discharge summaries, prescriptions, time missed from work, and any communication with insurance companies. Keep a journal detailing your physical and emotional condition, which can support claims related to pain and suffering.

Your pedestrian accident lawyers can help secure traffic camera footage, collect expert testimony, and build a compelling case to recover compensation for all your losses.

Legal Support and Claims Process

Importance of Hiring a Pedestrian Accident Attorney

Working with experienced pedestrian accident attorneys can significantly impact the outcome of your personal injury claim. These legal professionals are skilled in navigating Arkansas’s legal process, gathering evidence, negotiating with insurance companies, and advocating for your rights in court if necessary.

A qualified accident lawyer will evaluate your case during a no-obligation consultation and explain your legal options clearly. This consultation allows you to understand whether you’re entitled to recover damages for medical expenses, lost wages, and pain and suffering.

Unlike a car accident or auto accident involving two vehicles, pedestrian accident cases often require detailed accident reconstruction and expert input to establish fault and determine the extent of damages. Pedestrian accident attorneys are equipped with the knowledge and resources to handle these complexities.

Overview of the Claims Process

The pedestrian accident claims process begins with your attorney investigating the accident and determining liability. Once sufficient evidence is gathered, they’ll file a claim with the at-fault party’s insurance company. This includes a demand letter outlining the facts, injuries, and requested compensation.

Next comes the negotiation phase. Insurance companies may offer a quick settlement, but it’s often lower than what your case is worth. Your legal team will push for fair compensation that accounts for current and future medical needs, lost wages, and non-economic damages.

If a settlement can’t be reached, your attorney may recommend filing a personal injury lawsuit. The legal process may involve depositions, mediation, and possibly trial—although many claims are resolved before reaching court.

Role of Insurance Companies

Insurance companies play a central role in the pedestrian accident claims process. Unfortunately, their goal is often to minimize payouts. They may attempt to downplay the severity of your injuries, dispute liability, or delay your claim.

Because dealing with insurers after a serious accident can be stressful and complex, having a pedestrian accident lawyer handle all communication and negotiations is essential. Your attorney will ensure your rights are protected and that you’re not pressured into accepting a lowball offer.

Remember, you have the right to a fair settlement that considers all aspects of your recovery, from emergency care to long-term therapy for catastrophic injuries.

Why Choose Keller Swan Injury Attorneys

Choosing the right legal team after a pedestrian accident in Arkansas can make a significant difference in the outcome of your case. At Keller Swan Injury Attorneys, we understand the challenges injured pedestrians face—from mounting medical bills to dealing with uncooperative insurance companies. Our firm brings decades of combined experience in handling complex personal injury claims and delivering results for clients across Arkansas.

Our pedestrian accident lawyers are known for their personalized approach, in-depth legal knowledge, and a proven track record of success. We don’t just handle your case—we advocate fiercely for your right to fair compensation. From catastrophic injuries like spinal cord injuries to more common car accident cases, our legal team knows how to build a powerful claim and fight for maximum compensation. Best of all, we offer a no-obligation consultation, so you can get clarity on your legal rights without any financial pressure.

Frequently Asked Questions

1. What should I do immediately after being injured in a pedestrian accident?

Seek medical attention first, report the incident to the police, gather evidence, and contact a pedestrian accident attorney before speaking to any insurance companies.

2. Can I still file a claim if I was partially at fault for the accident?

Yes. Arkansas follows a modified comparative fault rule, which means you can still recover compensation if you were less than 50% at fault.

3. How long do I have to file a personal injury lawsuit in Arkansas?

You generally have three years from the date of the pedestrian accident to file a lawsuit. However, it’s best to consult an attorney early to preserve evidence and strengthen your case.

4. What types of compensation can I recover?

You may be entitled to compensation for medical bills, lost wages, pain and suffering, and other damages related to your pedestrian accident injuries.

Take the First Step Toward Justice

If you or a loved one has been injured in a pedestrian accident in Arkansas, don’t navigate the claims process alone. At Keller Swan Injury Attorneys, we offer dedicated legal support tailored to the needs of injured pedestrians and their families. Our team understands how devastating traumatic brain injuries, spinal cord injuries, and other serious injuries can be—and we’re here to help you rebuild your life.

Contact us today for your free consultation. There’s no obligation, just honest answers and a clear path forward. Whether you’re facing lost wages, overwhelming medical expenses, or ongoing pain, let our skilled pedestrian accident lawyers fight to recover the compensation you deserve.