The aftermath of a car accident can be overwhelming. In addition to physical injuries and emotional trauma, victims often face significant financial burdens from medical bills and lost wages. Thankfully, Arkansas personal injury law offers a lifeline for those affected by car crashes.
This legal framework provides a path for victims to seek compensation for their losses and hold negligent drivers accountable.
This article explores how the state’s personal injury law assists car crash victims. We’ll explain key concepts like determining fault, recoverable damages, and the crucial role a lawyer can play in navigating the legal process.
A Look at the Statistics
As per TRIP, between 2019 and 2022, Arkansas saw a 27% rise in traffic fatalities despite a one percent decrease in overall vehicle travel. Traffic crashes in the state led to significant societal harm totaling $19 billion, including $5 billion in economic costs and $14 billion in quality-of-life costs.
These statistics underscore the urgent need for effective road safety measures. Addressing this issue requires a multifaceted approach. They include rigorous law enforcement, public awareness campaigns, infrastructure improvements, and legislative actions.
Determining Fault Under Modified Comparative Negligence System
Most personal injuries stem from someone’s negligence, meaning the failure to act with reasonable care under the circumstances. Defendants often claim that the victim is also to blame, invoking a legal defense called “comparative negligence.”
Under Arkansas’ modified comparative negligence rule, victims with less than 50% fault for the accident can still seek damages. However, their compensation diminishes in proportion to their fault percentage. If they’re 50% or more at fault, they can’t recover damages.
For instance, in a car accident scenario, if the jury finds you 30% at fault, your recoverable amount decreases by 30%. Hence, you’d get 70% of damages, paid by the other party’s insurance. If you’re 51% or more at fault, you receive no compensation, ensuring fairness and accountability.
Recoverable Damages in Arkansas Personal Injury Cases
The state’s personal injury law provides victims the opportunity to seek compensation for various types of damages resulting from an accident. These recoverable damages ensure that victims are adequately compensated for their losses and suffering.
They Include:
Medical expenses: Victims can claim compensation for all medical bills related to the accident. This includes hospital stays, surgeries, medication, rehabilitation, and any ongoing medical treatments.
Lost wages: If an injury leads to missed work or reduces the victim’s ability to earn, they can seek compensation for lost wages. This ensures that victims do not suffer financially due to their inability to work.
Pain and suffering: This form of compensation covers the mental and physical anguish caused by the accident. The compensation claimed is subjective but vital for covering the impact of an injury.
Property damage: Victims can be reimbursed for the repair or replacement of their damaged vehicle or other personal property involved in the accident.
Loss of consortium: This covers the loss of companionship from a spouse due to the injuries sustained in the accident.
According to Nolo, the Arkansas Constitution prohibits caps on most kinds of damages, ensuring victims can seek full compensation. However, there is an exception for punitive damages. The state caps punitive damages at the greater of $250,000 or three times the amount of compensatory damages, but not exceeding $1,000,000.
How a Personal Injury Lawyer Assists Car Accident Victims?
Filing a personal injury lawsuit in Arkansas involves several crucial steps. This is especially important when dealing with serious accidents like the recent fatal collision involving Jeffrey Beierle, 31, of Rogers.
According to the Northwest Arkansas Democrat-Gazette, Beierle was killed when his vehicle hit a curb and crashed into a vehicle driven by Jere Seifritz. Seifritz sustained injuries. The case highlights the need for legal assistance in navigating the complexities of personal injury law.
A Rogers personal injury lawyer would play a critical role in such a case. The lawyer would conduct a comprehensive investigation. They will gather evidence such as police reports, witness statements, and medical records.
Keith Law Group notes that the personal injury lawyer will represent the victim’s family throughout the legal proceedings, negotiating with insurance companies. They may also argue the case in court if necessary.
By handling all legal aspects, the lawyer allows the family to focus on grieving and recovery while striving to obtain justice for their loss.
Frequently Asked Questions
What happens if the person at fault in an accident has no insurance in Arkansas?
In Arkansas, being at fault in an accident without insurance leads to legal consequences. The responsible party must personally cover all expenses for injuries or property damage incurred.
What is Arkansas’ recent insurance law?
Arkansas has implemented a new insurance law mandating all drivers to carry vehicle insurance, applicable solely to motorcycles and motor vehicles. This law ensures that all drivers in the state are covered by insurance, enhancing safety and financial protection for road users.
What factors are commonly examined in accident investigations?
Accident investigations typically scrutinize site conditions, road surface conditions, accident location points, vehicle conditions, driver conditions, and witness statements. Following a collision resulting in severe physical harm or death, an inquiry ensues to gather this varied evidence.
What is the first step in an accident investigation?
The initial step in accident investigation involves gathering evidence. This process is crucial for establishing facts, determining liability, and laying the groundwork for building a strong case.
In conclusion, the toll of a car crash can be overwhelming. Financial burdens from medical bills and lost wages can further compound the hardship. Thankfully, the personal injury law offers a vital lifeline for victims.
Understanding how Arkansas personal injury law works and the crucial role a personal injury lawyer can play is essential. By seeking legal guidance, car accident victims in the state can find a path toward financial recovery and a brighter future.
