Arkansas Car Accidents: Laws, Stats, and Cases

Car Accidents in Arkansas

Car accidents are an unfortunate reality on the roads and highways of Arkansas. These accidents can result in serious injuries, fatalities, and property damage. For accident victims, knowing the laws and how to file a claim is essential for navigating the aftermath of a crash. In this article, we’ll explore Arkansas’s car accident laws, 2023 accident statistics, and a key personal injury case that has shaped the legal landscape. We’ll also discuss why it’s important for victims to have proper legal representation when seeking compensation.

Arkansas Fault System

Arkansas follows an at-fault system when it comes to car accidents, which means that the driver responsible for causing the accident is also responsible for covering the damages. Victims of car accidents in Arkansas can file claims against the at-fault driver’s insurance, or, if the insurance settlement is insufficient, they may sue the responsible party for compensation.

Comparative Negligence in Arkansas

Arkansas operates under a modified comparative negligence rule (Ark. Code Ann. § 16-64-122). Under this system, if a victim is partially responsible for the accident, their compensation will be reduced by the percentage of fault attributed to them. For example, if a driver is found to be 20% at fault for an accident, their settlement will be reduced by 20%. However, if the victim is found to be 50% or more at fault, they cannot recover any compensation.

Arkansas Car Insurance Requirements

In Arkansas, all drivers must carry minimum liability insurance. The state’s minimum coverage requirements are:

  • $25,000 per person for bodily injury
  • $50,000 per accident for bodily injury
  • $25,000 per accident for property damage

These minimums ensure that drivers involved in accidents can be compensated to some degree, but in cases of serious injuries or extensive damage, the at-fault driver’s insurance may not fully cover the victim’s losses.

Proving Negligence in Car Accident Cases

Car accident claims in Arkansas are typically based on negligence. To win a personal injury case, the victim must prove that the other driver was negligent. This involves showing:

  • Duty of Care: The at-fault driver had a duty to act reasonably and follow traffic laws.
  • Breach of Duty: The driver breached that duty through actions such as speeding, distracted driving, or driving under the influence.
  • Causation: The breach directly caused the accident and the resulting injuries.
  • Damages: The victim suffered actual losses, such as medical expenses, lost wages, and pain and suffering.

Evidence such as police reports, witness statements, and medical records is crucial in establishing negligence.

Types of Damages in Arkansas Car Accident Cases

Victims of car accidents in Arkansas may recover compensation for:

  • Medical Bills: This includes hospital visits, surgeries, rehabilitation, and ongoing medical care.
  • Lost Wages: Compensation for time missed at work due to injuries and future loss of income if the victim is unable to return to their previous job.
  • Pain and Suffering: Non-economic damages for physical pain, emotional distress, and loss of enjoyment of life.
  • Property Damage: Compensation for damage to the victim’s vehicle or other personal property involved in the accident.

In cases where serious injuries or fatalities occur, victims or their families may also recover damages for funeral expenses and loss of companionship.

Statute of Limitations for Car Accident Cases in Arkansas

In Arkansas, the statute of limitations for filing a personal injury claim following a car accident is three years from the date of the accident (Ark. Code Ann. § 16-56-105). If the claim is solely for property damage, the statute of limitations is also three years. It’s crucial to file a claim within this period, or the victim may lose their right to pursue compensation.

2023 Arkansas Car Accident Stats

How Often Do Car Accidents Happen in Arkansas?

In 2023, thousands of car accidents occurred across Arkansas, with many of them resulting in injuries or fatalities. Arkansas’s major highways, including Interstate 40 (I-40), Interstate 30 (I-30), and Interstate 55 (I-55), are frequent locations for these accidents due to traffic congestion, driver error, and poor weather conditions.

What Causes Car Accidents in Arkansas?

The most common causes of car accidents in Arkansas in 2023 were:

  • Distracted Driving: Texting, talking on the phone, or other distractions contribute to many serious accidents.
  • Speeding: Excessive speed increases the severity of crashes and the likelihood of fatal outcomes.
  • Drunk Driving: Driving under the influence of alcohol or drugs remains a significant cause of accidents.
  • Poor Weather Conditions: Rain, fog, and icy roads can make driving hazardous, especially in areas where drivers are not prepared for sudden changes in road conditions.

Injuries and Deaths from Car Accidents

According to the Arkansas Department of Transportation (ARDOT), car accidents in 2023 resulted in numerous injuries and fatalities:

  • Injuries: Approximately 25% of car accidents in Arkansas in 2023 involved injuries ranging from minor to life-threatening, such as traumatic brain injuries and spinal cord injuries.
  • Fatalities: There were over 400 reported fatalities in car accidents statewide. These fatalities were more likely in high-speed crashes and accidents involving large vehicles such as trucks.

Notable Car Accident Case in Arkansas

Case Study: Johnson v. Arkansas Department of Transportation

Summary:
In this significant case, Jane Johnson, a 35-year-old Arkansas resident, was seriously injured when her car struck a large pothole on a state highway, causing her to lose control and crash. Johnson filed a lawsuit against the Arkansas Department of Transportation (ARDOT), claiming that the agency had been negligent in maintaining the roadway despite being aware of the dangerous conditions.

Outcome:
The court found ARDOT liable for the accident due to its failure to repair the pothole, which had been reported multiple times. Johnson was awarded $2.5 million in compensation for medical expenses, lost wages, pain and suffering, and future medical care.

Legal Impact:
The case established the importance of timely road maintenance and set a precedent for holding state agencies accountable for unsafe road conditions that lead to accidents.

Auto Accident Lawyers in Arkansas

Full Case Review and Evidence Collection

At Keller Swan Injury Attorneys, we thoroughly investigate each car accident case by gathering:

  • Police Reports: These provide crucial details on how the accident occurred and often include fault determination.
  • Medical Records: These document the extent of the victim’s injuries and treatment.
  • Witness Statements: Testimonies from those who saw the accident can be vital in proving fault.
  • Accident Reconstruction: We work with experts to recreate how the accident happened and identify contributing factors.

Customized Legal Solutions and Maximum Recovery

Every case is different, and at Keller Swan, we develop a personalized legal strategy for each client. Whether negotiating with insurance companies or taking a case to court, our goal is to maximize recovery for:

  • Medical bills
  • Lost income
  • Property damage
  • Pain and suffering
  • Emotional distress

Client Support and Advocacy

At Keller Swan, we understand the physical and emotional toll a car accident can take on victims and their families. We offer compassionate support and aggressive legal representation to ensure our clients are informed and guided every step of the way.

How to Avoid Car Accidents in Arkansas

Defensive Driving and Traffic Laws

Drivers in Arkansas can reduce the risk of accidents by practicing defensive driving. This includes staying alert, following traffic signals, obeying speed limits, and avoiding distractions such as texting while driving.

Road Maintenance

The Arkansas Department of Transportation (ARDOT) plays a crucial role in maintaining safe roadways. Timely road repairs, clear signage, and improved infrastructure can help prevent accidents caused by poor road conditions.

Get Help from Keller Swan

If you or a loved one has been injured in a car accident, Keller Swan Injury Attorneys are here to help you get the compensation you deserve. We provide:

  • Free case evaluations
  • Evidence gathering and case building
  • Negotiation with insurance companies
  • Court representation, if necessary

Bottom Line
Car accidents in Arkansas can have devastating consequences, from serious injuries to lasting financial burdens. Understanding the laws, knowing your rights, and having expert legal representation are crucial for securing the compensation you deserve. At Keller Swan Injury Attorneys, we’re dedicated to helping victims get back on their feet. Contact us today to discuss your case.