The ultimate guide for everything you need to know about a car crash in Arkansas
The first diamonds to be discovered in Arkansas were in 1906. Since then, millions of diamonds have been mined in the state. In fact, Arkansas has the only public diamond mine in the world—Crater of Diamonds State Park in Murfreesboro. Visitors can dig through a 37-acre diamond field (with only shovels, no motorized tools).
The Crater of Diamonds is about a two-hour drive from Little Rock, a little more than four hours from Fayetteville, and a little less than four from Memphis, Tennessee, which is just over the eastern border of Arkansas. There are other tourist destinations, too, like the Clinton Library and Old State House Museum in Little Rock, the hot springs, charming towns in the Ozarks and other destinations.
But if you’re traveling within or through Arkansas, it’s important to know a bit about car accident laws in the state.
We all know that accidents happen, but here are a few real-life examples of Arkansas fatal accidents. If you’re involved in an accident—or you’ve lost a loved one—it’s important to know your rights and responsibilities for liability and the potential for an Arkansas personal injury lawsuit.
Wednesday, June 8, 2022:
Four people died and 10 injured in a multi-vehicle crash on Interstate 30 in Little Rock near the Caddo Valley. There were three separate pile-ups on the highway with 21 vehicles involved and four 18-wheelers. At least two vehicles became engulfed in flames and two others lost their cargo. Roads were wet at the time of the accident from heavy rain that had fallen earlier.
Saturday, September 10, 2022:
Four vehicles were involved in a crash on U.S. 70 near Jaguar Road near Hot Springs. Reports indicate that the driver of a 2020 Hyundai was traveling east on U.S. 70 when he crossed into the westbound lanes. The driver of the first westbound vehicle swerved to avoid the Hyundai but instead hit another vehicle that was parallel to hers. That vehicle left the road on the south side. The first vehicle was struck by that car and then struck by a third westbound vehicle.
The passenger of the second vehicle was killed, along with the driver of the first vehicle and her two passengers, one of which was a child. Each of the four died at the scene. Two other occupants were transported to the hospital with injuries.
Sunday, August 7, 2022:
A young passenger died in Texarkana following an afternoon crash. The 18-year-old driver in a 2022 Ford Escape was traveling north on Jim Walters Road when he failed to properly handle a right-hand curve. The car left the road, went through a chain-link fence, and crashed into a parked, unattached box trailer. The car slid under the trailer. The driver and passenger were taken to the hospital where the juvenile passenger died.
What to do immediately following an accident
If you’ve been in an accident, your first priority is to obtain emergency medical assistance if necessary. If you are or someone else is injured, call 911 immediately and wait for first responders to arrive.
1. Even if you don’t think you’re injured, it’s crucial to get an immediate medical exam with your primary provider, an urgent care or at a hospital. Some injuries don’t have symptoms for days or weeks following an injury and if you don’t have a medical exam on file, it is more difficult to prove that your injuries are the result of the accident.
2. Call the police. It’s important to obtain an accident report, even if you think the damage is minor or if you or another driver are considering paying for damages out of pocket rather than through insurance. That’s because the police report will contain information that can be used as evidence if the damage is more costly than you anticipate or if there is a dispute about who was liable. Don’t assume that just because everyone is in agreement at the scene, it will remain that way. Once the other driver has returned home and processed their thoughts, they might have different ideas of how things happened.
The police report also protects you if you’re the at-fault driver because it would note victims’ conditions at the scene and the extent of property damage. If the other driver later claims that the damage is more severe than it was, then the police report can help show the insurer or the court exactly what happened.
Arkansas law requires that a report is made to the police or the Department of Motor Vehicles if the crash results in death, injury, or property damage worth more than $1,000. If it’s death or injury, the crash must be reported immediately. If it’s property damage, a report must be made within 30 days.
3. Obtain contact information from witnesses. If you’re able to do so, ask witnesses for their name, address and phone number. You don’t have to worry about taking a statement, but it can be helpful to know where to reach them if your lawyer or insurance company wants to contact them later. Move quickly on this if you can; a responding police officer will usually look for witnesses but it’s often too late. In many cases, a well-meaning bystander or an uninvolved motorist will stick around long enough to make sure the victims are safe, but when first responders arrive the witnesses will likely leave.
4. Take information from all involved individuals. You should get certain pieces of information for any person involved in an accident: Their name, address, phone number, vehicle registration, license plate, and driver’s license number. If it’s a pedestrian or bicyclist, take whatever information is relevant. Since most of us regularly have a smartphone that takes pictures, it’s easy and accurate to use your phone to snap a photo of the person’s documents (their license would have most of the information you need), rather than taking time to write everything. By the same token, it’s crucial that you share your information with them, too.
5. Contact your insurance company. Making a report to the insurance company is not the same as making a claim. It’s okay to report the accident but then choose not to make a claim through insurance—and you won’t be penalized. But if you fail to report the accident quickly, the insurance company might not cover it if you do decide you need insurance. This can be crucial because often the damage amount is far more costly than you anticipate. What you think is a ding in your bumper could have internal damage that isn’t visible but that a body shop finds on inspection.
You can either call your insurance company or submit a report through their app, depending on the company.
Accident Report Form
Sample post-accident report form to keep in your glove box - fill out at the scene or as soon as you can after a car accident
Download in PDF format
Who is responsible for damages after an Arkansas car accident?
Arkansas is an at-fault state, which means the person who caused the accident is responsible for paying for the accident.
If you were in an accident that was not your fault, there are three ways to collect payment for your losses:
- File a claim with your own insurance company, which will make a claim on your behalf against the other driver’s insurance policy;
- File a third-party claim directly against the at-fault driver’s insurance policy; or
- File a personal injury lawsuit against the at-fault driver.
You can also use your own Personal Injury Protection insurance for your medial expenses under Arkansas add-on no-fault laws.
Arkansas modified comparative fault rule
The modified comparative fault rule, otherwise known as the 50% rule, means that if you file a lawsuit for damages in Arkansas, you must be 50% or less at fault for the accident. If you’re 51% or more at fault, you can’t recover any damages.
When to file a lawsuit for an Arkansas car accident
If you use insurance to recover damages from an accident, you’d need to prove that the other driver was liable for the crash. In other words, they caused the collision and you suffered losses as a result.
Damages is the amount of money you can recover after an accident. The purpose of damages is to make the plaintiff (injured person) whole, or to restore them to the financial condition they would be in if the accident hadn’t happened.
If you make an insurance claim you can recover damages that include:
- Medical treatment
- Lost wages for work time lost during your recovery
- Property loss
However, if you were seriously injured and you believe that the insurance payment might not be enough to cover the full extent of your costs, both present and future, you might need to file a personal injury lawsuit to cover the full value of your losses.
There are a few reasons why this can happen. First, if your injuries require extensive treatment or time off from work, you might max out the other driver’s insurance policy. Once it reaches the policy limit, there’s no more you can collect through insurance.
Second, insurance doesn’t cover things like pain and suffering or emotional distress. If you believe you’re entitled to non-economic damages like these, you’ll need to file a lawsuit to recover those costs.
If the at-fault motorist is uninsured or underinsured, a lawsuit can be the only way to retrieve damages.
How your Arkansas car accident lawyer can help
There are a few ways in which an experienced, qualified Arkansas lawyer can help you recover costs after a car accident.
First, the lawyer’s job is to negotiate your settlement amount to help you receive maximum compensation. If liability is clear and you’re finished receiving medical treatment, then this might be just a matter of their making sure the insurance company is paying you the correct amount.
But if there are questions about who is liable, you need a lawyer who can minimize your percent of liability. Particularly in an at-fault state like Arkansas that follows the 50% Rule, this is crucial so you don’t miss out on recovering damages.
If your injuries require extensive, ongoing or not-yet-determined medical treatment, or if you’re unable to return to work or the accident has left you with a disability, you need a lawyer. Your lawyer will work with medical experts, actuaries, financial professionals and others to determine exactly how much you’re entitled to receive from your Arkansas car accident. Don’t sell yourself short—be sure to get what you deserve.
Damages/Expenses Worksheet
Damages worksheet to track expenses for your injury claim (medical treatment, property damage, lost wages, prescriptions)
Download in PDF format
Personal Injury Attorney Interview Sheet
Worksheet with questions to ask a personal injury attorney to help determine if he or she will be a good fit for your case
Download in PDF format
Did you know that car accident law varies by state?
Hurt in a car crash? You may find these resources helpful
A personal injury lawyer helps individuals who have sustained injuries in accidents to recover financial compensation. These funds are often needed to pay for medical treatment, make up for lost wages and provide compensation for injuries suffered. Sometimes a case that seems simple at first may become more complicated. In these cases, consider hiring an experienced personal injury lawyer. Read moreNeed a lawyer?
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