FAQs

Frequently Asked Questions

Arkansas Auto Accident

  • Can a passenger recover damages in Arkansas for accident injuries caused by a driver of the same car?

    Yes, a passenger can recover damages in Arkansas from the driver of a car in which they are a passenger.   

  • Does Arkansas cap non-economic damages, like pain and suffering, for a person injured in a car accident?

    As of now, Arkansas does not put a cap on compensatory damages.  However, there are special interest groups (insurance company, nursing home, etc.) that continue to pay legistators to attempt to put caps on damages.   So far, all such attempts have failed as being unconstitutional, since the 7th Amendment to the Constitution states that a jury determines the amount of damages without some arbitrary limitations imposed by the legislature.

  • How much does it cost to hire a car accident lawyer?

    It does not cost anything to hire me as your attorney in a personal injury case.   I get paid a percentage of any recovery, but only if there is a recovery.  If there is no recovery, no fee is owed.

  • I loaned my car to a friend who was involved in an Arkansas car accident. Am I liable if my friend was at fault?

    You are not personally liable if you loan your vehicle to someone and they have an accident, unless the owner was negligent in loaning the vehicle (for example loaning your vehicle to a drunk driver).  However, the owner's liability insurance coverage will pay for any damages up to the liability policy limits.  The owner of the vehicle is not liable for any damages out of his or her pocket.

  • The car accident was the other driver's fault. Can I just settle it myself without an attorney?

    You definitely have the option to settle the case yourself directly with the insurance company of the person at fault.   However, that insurance company will offer substantially less to an individual than it would to an attorney.  In fact, I have found that, after deducting my fees, the amount left over is more than what the insurance company would offer a person who is not represented by an attorney.

  • What documents or evidence should I bring with me the first time I meet my attorney following my Arkansas car accident?

    The most important document is the police report of the accident.  Also, any correspondence with insurance companies, as well as copies of any medical bills and records, is also good to bring if you have them.  However, if you don't have any or some of thsoe documents, the attorney can obtain them with no problem.

  • What information should I obtain after a car accident?

    It is always good to take pictures of the accident scene, pictures of your vehicle and pictures of any other vehicles involved in the accident.   Also, pictures of any visiable injuries (like cuts, bruising, etc.) are a good idea.   

  • What is the statute of limitations to bring an Arkansas auto accident case?

    Most personal injury cases, based on negligence, have a three (3) years statute of limitations in Arkansas.   Medical malpractice cases have a two (2) year statute of limitations from the date of the alleged medical mistake.  If you are injured due to an assault, that has only a one (1) year statute of limitations.   Regardless, the sooner you hire an attorney the better, so the attorney can make sure you don't do anything to hurt the value of your case like giving recorded statements to an insurance company without an attorney present.

  • What kinds of damages are available in an Arkansas auto accident case?

    Besides paying any medical bills incurred and paying wages lost, Arkansas law also allows recovery for pain and suffering, for the nature, extent and duration of any injuries, for scaring or any other visiable results of the injury and for any permanency of the injuries, as well as other damages.

Arkansas 18 Wheeler

  • A big rig lost control causing a major accident that injured me. Can I recover in Arkansas against the driver of the big rig?

    You can recovery against the driver of an 18 wheeler just like you can from the driver of a regualr vehicle.  However, 18 wheelers usually have ery large insurance polices as opposed to smaller insurance policies for most vehicles.  

  • How are damages determined for serious physical injuries or death in an 18-wheeler or semi-truck accident?

    Damages are determined the same way for all personal injuries cases with those damages being determined by the injuries.  However, 18 wheelers usually have larger insurance policies to cover those damages.

  • How do I protect my legal rights after an 18-wheeler or semi-truck accident in Arkansas?

    The best way to protect your legal rights is to hire an attorney immediately, because evidence can disappear or be altered by the trucking company.  Trucking companies only have to keep their log books for a limited time, and the attorney for the injured person will need to perserve evidence like photos of the accident scene and vehicles involved.  Also, the attorney will need to request that all material associated with the accident be perserved.

  • How do national and local laws and regulations affect my Arkansas 18-wheeler accident case?

    In addition to the local laws of Arkansas concerning accident cases,  there are Federal laws that govern the operation of trucks and the retention of documents and information concerning maintenance on the truck and the operation of the truck at the time of the accident.  However, you need to hire an attorney immediately, so the trucking firm can be put on notice to retain any such documents or evidence.

  • How much time do I have after an 18-wheeler or semi-truck accident to file a lawsuit in Arkansas?

    There is a three (3) year statute of limitations for bringing a lawsuit against a trucking firm and its driver.   However, since it is important to make sure the trucking firm perserves all documents and evidence from the accident, you need to hire an attorney immediately, so he can request that they perserve all such documents and evidence.

  • How much will it cost me to hire a truck accident attorney in Arkansas?

    It will not cost you anything to hire an attorney. Pursuant to my contract, I only get paid if I am successful in getting a recovery, with any fee being paid out of that recovery.  If there is no recovery, there is no fee.

  • How quickly should I contact an attorney in Arkansas following my 18-wheeler or semi-truck accident case?

    Immediately!!!   There are documents that the attorney would need to put the trucking firm on notice to perserved, and there is a time limit for how long a trucking firm has to retain any such documents.  After an accident, the trucking firm and its insurance company immediately start investigating the accident, so you would want to hire an attorney immediately, so he or she can do the same.

  • I was in an accident and the other vehicle was a semi-truck. What do I do now?

    Immediately contact an attorney, so he or she can start investigating the accident before the accident scene changes and before any documents are lost by the trucking firm.  

  • Why should I hire a truck accident attorney to represent me following my 18-wheeler or semi-truck accident in Arkansas?

    Personal injury cases against truck drivers and trucking firms are very difficult.   Only an attorney would know what photos need to be taken of the accident scene and of the vehicles involved, and only an attorney would know what documents to look for and to request that the trucking firm retain. 

Arkansas Insurance Claims

  • Does an insurance company have to pay for a rental car when repairs are being made to my vehicle?

    Usually, the fault party's insurance company does pay for a rental car while your vehicle is beign repair.   If the vehicle is totaled, you are entitled to a rental car from the day of the accident until the insurance company pays for the value of the totaled vehicle.  

  • I was a passenger in a car that was in an accident. Does the driver's insurance cover my injuries?

    As a passenger, you would recover your damages from the driver of the vehicle at fault, which may be the vehicle in which you were a passenger or it may be another vehicle.  However, even if your driver was not at fautl, he or she may have coverage that applies to your case, which is in addition to the coverage from the fault party's insurance company.

  • I was in an accident in my car in Arkansas, which I did not cause, during work hours. Who's insurance covers the damage?

    If you were working at the time of an accident, you would actually have two potential claims. You could claim under the Workers' Compensation coverage of your employer, and you can still make a separate claim against the fault party's insurance company.

  • If my insurance company denies my claim in Arkansas, do I have any rights?

    Yes, you have rights when an insurance company denies your claim, or offers less than your claim is worth, including the rigth to file a lawsuit to have a jury determine fault and the damages.

  • My friend caused an accident while driving my car. Who's insurance company pays for the damage in Arkansas?

    If you give permission to a friend to drive your vehicle, and that friend causes an accident, your insurance would pay for any damages caused.  However, you, as owner of the vehicle, would not be personally liable for any damages beyond that insurance coverage, unless you were also negligence in loaning the vehicle (for example if you loan your vehicle to a drunk friend).

  • What are the different parts of an auto insurance policy?

    There are many coverages available in an insurance policy, but it depends on what is purchased.  For example, there is liability coverage (required by law), Medical Payments coverage, Uninsured Motorist coverage, and Underinsured Motorist coverage to name a few.

  • What can I do when an insurance company refuses to pay an insurance claim in Arkansas?

    If an insurance company denies your claim, you can hire an attorney, and the attorney can file a lawsuit to have a jury determine liability and damages.

  • What is underinsured motorist coverage in Arkansas?

    Underinsured Motorist coverage is insurance that covers damages that exceed the amount of insurance maintained by the person at fault.  For example, if your case is worth $50,000.00, and the fault party only has $25,000.00 in liability coverage, Underinsured Motorist coverage would pay the other $25,000.00.  

  • What should I do if I was in an accident with an uninsured driver in Arkansas?

    If an uninsured driver causes an accident with you, you can make a claim with your insurance company, if you have Uninsured Motorist coverage.  Since 25% of Arkansas drivers do not have any insurance, it is VERY important to make sure you have Uninsured Motorist coverage on your own policy.   You can certainly sue the uninsured driver.  However, that driver could file bankruptcy to avoid paying any judgment, so it is important to have Uninsured Motorist coverage to make sure you receive compensation for your injuries and damages.

  • What type of auto insurance is required in Arkansas?

    While only liability insurance is required by Arkansas law, it is very important to purchase full coverages, including Collision coverage, Medical Payments coverage, Uninsured Motorist coverage and Underinsured Motorist coverage.

Arkansas Liquor Liability

  • Are tavern or bar employers or the actual employees liable in a dram shop action or liquor liability case?

    If a tavern or bar employee serves alcohol to a minor, or to a clearly intoxicated person,  that tavern or bar is liable for any damages caused to some that the drunk person injuries.

  • Do all states have statutory liability for liquor store, bar, or tavern dram shop actions or liquor liability cases?

    Athough Arkansas does have statutory liability for liquore stores, bars and taverns, some states do not.

  • If a patron presented a fake ID, does that provide a defense to improperly serving a minor alcohol?

    With the protections on driver's licenses these days, like bar codes that can be scanned to determine if it is valid, it is not a defense that the bar or liquor store was presented a fake ID.  If they are properly trained, employees of liquor stores and bars should be able to easily determine if an ID is fake.

  • Must liquor store, bar, or tavern employees actually know the person served is drunk for the imposition of liability?

    Under Arkansas law, the liquor store, bar or tavern employees are liable if they provide alcohol to a person that is clearly intoxicated.  

  • What actions give rise to liability for a bar, tavern, or liquor store in a dram shop action or liquor liability case?

    Serving a clearly intoxicated person alcohol, or serving a minor, gives rise to liability for a bar, tavern and liquor store.

  • What is the role of automobile insurance for a drunk driver in a dram shop action or liquor liability case?

    If a person who causes an accident is drunk, you can obtain a recovery against the drunk driver's insurance in addition to recovering from any establishment where the driver became drunk.  Therefore, in any accident involving a drunk driver, it is important to get an attorney, so he or she can determine if an establishment (bar, liquor store or tavern) was involved.

  • What kinds of damages may be recovered in a dram shop action or liquor liability case?

    The same damage recoverable in any personal injury case is available against the owner of a bar, liquor store or tavern that serves alcohol to a clearly intoxicated person or to a minor.

Arkansas Motorcycle Accident

  • Can a failure to wear a helmet reduce the claim for damages sustained by an injured motorcycle rider in Arkansas?
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  • Can I claim compensation for my injuries in a motorcycle accident?
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  • Do I need a lawyer if I was offered a settlement by the at-fault driver's insurance company after a motorcycle accident?
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  • How can my Arkansas lawyer help me get my bike fixed faster?
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  • How important is it for me to consult a motorcycle accident attorney regarding my Arkansas motorcycle accident case?
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  • How long do I have after my Arkansas motorcycle accident to file my motorcycle injury case?
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  • I did not carry my insurance on my motorcycle. Can I still sue the driver who hit me?
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  • How important is it for me to consult a motorcycle accident attorney regarding my Arkansas motorcycle accident case?
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  • Should I accept the insurance settlement offer, because if I sue for more, I have to give one0third to a lawyer?
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  • What if a loved one has been killed in an Arkansas motorcycle accident that was not their fault?
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Arkansas Pedestrian Accident

  • As a pedestrian, what duty is placed upon me to avoid accidents in Arkansas?
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  • Can I recover damages even if the motorist never hit me or my child?
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  • I was walking in the bike lane on the side of the road. Is the driver liable for my injuries?
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  • How soon do I need to bring a case after a pedestrian accident in Arkansas?
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  • I fell on a broken piece of city sidewalk and injured my ankle. Do I have a case against the city?
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  • I was jaywalking and was hit by a car. The driver saw me and could have avoided me. Can I still sue?
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  • If I am a pedestrian hit by a motor vehicle in Arkansas, is there anyone else I can sue other than the motor vehicle driver?
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  • If I am walking across a street against the light and am hit, is the driver still negligent?
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  • What kinds of damages are available in an Arkansas pedestrian case?
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Arkansas Tire Failure

  • Can I be found to have been partially at fault for my injuries caused by a tire failure in Arkansas?
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  • Can I sue the manufacturers of the car for my tire failure injuries?
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  • How does a tire recall affect my Arkansas tire failure injury case?
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  • How long do I have to file an Arkansas lawsuit for injuries caused by tire failure?
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  • What if I was injured in an Arkansas accident caused by tire failure, but I had failed to properly maintain the tires?
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  • What is a tire defect?
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  • What kinds of damages are available in an Arkansas tire failure case?
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  • What should I do if I am injured as a result of tire failure in Arkansas?
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  • Who can sue in an Arkansas tire failure case?
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Arkansas Vehicle Rollover

  • Besides the car manufacturer, who else may be liable for a defective product?
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  • Can I sue a manufacturer if I have already settled my Arkansas vehicle rollover case with my insurance company?
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  • Can I be found to have been partially at fault in Arkansas for my injuries caused by a vehicle rollover?
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  • Do I need an attorney to pursue a claim after my Yamaha Rhino rollover accident?
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  • Does the year of the vehicle make a difference in an Arkansas vehicle rollover case?
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  • How long do I have to file an Arkansas vehicle rollover case?
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  • I think a defective vehicle caused my injuries. What should I do?
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  • What increases the risk of rollover crashes in 15-passenger vans?
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  • What kinds of damages are available in an Arkansas vehicle rollover case?
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  • Who can sue in an Arkansas vehicle rollover case?
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