Being involved in a car accident can turn your world upside down.
Between physical injuries, emotional trauma, and significant financial ramifications, moving forward after an accident can feel impossible.
At Cottrell Law Office, attorney Wesley Cottrell has been admitted to practice law in Arkansas since 1989 and is licensed in both the U.S. District Court for the Eastern District of Arkansas and the U.S. District Court for the Western District of Arkansas. He has represented injured Arkansans in car accident cases for over 40 years from the firm’s Rogers office in Northwest Arkansas. When you contact us, you speak with someone who knows Arkansas courts, Arkansas insurance adjusters, and what it takes to get your case resolved fairly.
If you suffered injuries in a car accident on Arkansas roads, know that you are not alone. When you’re not sure where to turn, contact the Cottrell Law Office to discuss your rights and options.
Car Accidents in Arkansas — What the Numbers Show
Arkansas roads are among the most dangerous in the country. In 2023, motor vehicle crashes were the number-one most common cause of death due to unintentional injury in Arkansas. That year, 626 Arkansans died in motor vehicle crashes at a rate of 20.2 deaths per 100,000 residents. Arkansas ranks 4th in the nation for motor vehicle fatalities.
Thousands more Arkansans suffer serious injuries in crashes each year many of them life-altering. The leading contributing factors in Arkansas fatal crashes include impaired driving, speeding, failure to wear a seatbelt, and distracted driving.
If you were injured in an Arkansas car accident caused by another driver, you have the right to pursue compensation for your losses. An experienced Arkansas car accident lawyer can help you understand what your claim may be worth and how to protect your rights before the insurance company makes its first move.
Arkansas Car Accident Laws
Before proceeding with your case, it’s important to have a basic understanding of the process and requirements. Here are a few things you should know about car accident claims.
Negligence and Fault Under Arkansas Law
Car accidents and other personal injury cases generally require proving that the at-fault party was negligent.
Pursuant to Arkansas Code § 16-64-122(c), “fault” includes any “act, omission, conduct, risk assumed, breach of warranty, or breach of any legal duty which is a proximate cause of any damages sustained by any party.”
Notably, however, Arkansas follows comparative fault rules, which govern situations where more than one party is at fault for the accident.
Thus, if an injury victim is found to be even partially at fault, their damages will be reduced in proportion to their share of liability.
Comparative negligence rules can be a complicated topic. Thus, if you have questions about whether and to what extent these rules may apply to you, speak with a qualified legal professional to discuss the facts of your case in more detail.
Arkansas Car Accident Statute of Limitations
Importantly, injury victims do not have unlimited time to file their claims.
Rather, Arkansas law imposes a three-year statute of limitations on personal injury actions, meaning that in most cases, you must file your claim within three years of the date of the accident.
Because time is of the essence, you must seek assistance as soon as possible to preserve your rights.
What to Do After a Car Accident in Arkansas
The steps you take immediately after a crash can affect the outcome of any future claim. Here is what matters most:
Call 911
Arkansas law requires you to report accidents involving injury, death, or property damage over $1,000. A police report creates an official record of the crash that is essential documentation for any claim.
Seek medical attention right away
Even if you feel fine at the scene. Whiplash, soft tissue injuries, and head injuries often don’t produce symptoms for hours or days. Delaying treatment gives insurance companies a reason to argue your injuries weren’t caused by the accident.
Document the scene
Take photos of all vehicles, road conditions, traffic signs, skid marks, and any visible injuries before anything is moved. Get names and contact information from any witnesses.
Do not admit fault at the scene
Under Arkansas’s comparative fault rules, anything you say about fault at the scene can become part of the official record. Stick to the facts when speaking with law enforcement.
Be careful with insurance companies
The state follows a modified comparative negligence rule meaning evidence and clear documentation are crucial if fault is disputed. The other driver’s insurance company is not on your side. You are generally not required to give them a recorded statement before speaking with an attorney.
Contact a car accident attorney before accepting any settlement
Once you accept a settlement and sign a release, you typically cannot go back for more — even if you discover additional injuries later.
FAQs About Hiring an Arkansas Car Accident Lawyer
Many people aren’t sure whether they should hire an attorney for their car accident case.
If you’re not sure whether working with a lawyer is the right decision for you, below are a few things to keep in mind before moving forward.
What Does a Car Accident Lawyer Do?
A car accident lawyer can assist with nearly every facet of your car accident claim. For example, an attorney can help you:
- Assess the strength of your case and determine the best course of action for your legal claims;
- Gather evidence that can be used to help prove the defendant’s fault;
- Locate and prepare potential eyewitnesses who may be able to testify on your behalf;
- Negotiate with opposing parties, their insurers, and legal counsel in an effort to reach a favorable settlement; and
- Prepare for and take your case to trial when a fair and reasonable settlement is not feasible.
In short, an Arkansas car accident attorney can take some of the weight off of your shoulders so you can get back to focusing on recovering from your injuries.
We’ll take care of everything else.
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How Much Does a Lawyer Cost for a Car Accident?
The cost of hiring a car accident lawyer will vary from firm to firm. For example, some firms will charge an hourly rate for any services provided throughout the course of your case.
In such situations, the total cost of the lawyer’s services will depend on the total time required to settle the matter or litigate it to a conclusion.
Conversely, some firms will work on a contingency fee basis. This means that the lawyer will receive a percentage of your total settlement or judgment, and you don’t pay anything unless and until you get your compensation.
Before selecting a firm to handle your car accident case, be sure to consult with an attorney to discuss what their fee arrangement will look like.
Should I Hire an Arkansas Car Accident Lawyer for My Case?
An experienced personal injury attorney can certainly provide a number of benefits. That said, hiring a lawyer is not required under Arkansas law.
Thus, the decision is ultimately yours as to whether you should hire an attorney or attempt to handle the case yourself. However, keep in mind that insurance companies have tactics they use to confuse victims who don’t know what their case is worth.
So if you decide to go it alone, you could end up settling for far less than your case is worth. And if your medical bills keep piling up, you can never go back for more after you accept a settlement.
How long do I have to file a car accident claim in Arkansas?
Arkansas law gives most car accident injury victims three years from the date of the accident to file a personal injury lawsuit. For wrongful death claims, the deadline is also three years from the date of death. While three years may feel like plenty of time, waiting can make it harder to gather evidence and build a strong case. It is generally best to speak with an attorney as soon as possible after an accident.
What if the other driver was uninsured?
Arkansas requires insurers to offer uninsured motorist (UM) and underinsured motorist (UIM) coverage. If you carry this coverage and the at-fault driver has no insurance or not enough to cover your losses — your own UM/UIM policy may cover the gap. An attorney can help you navigate a claim against your own insurer in this situation.
What if I was partially at fault for the accident?
Under Arkansas’s modified comparative fault rule, you can still pursue compensation as long as you are 49% or less responsible for the accident. If you are found to be 50% or more at fault, you cannot recover damages. If your fault is 49% or lower, your recovery is reduced by your percentage of fault. For example, if you are found 25% at fault and your damages total $80,000, you could recover $60,000. Because insurance companies often try to assign more fault to injured parties than is warranted, having an attorney evaluate and challenge fault determinations can make a meaningful difference in your outcome.
How long does an Arkansas car accident case take?
It depends on the complexity of the case. Straightforward cases with clear liability and fully documented injuries can sometimes resolve in a few months through settlement. Cases involving disputed fault, serious injuries, or uncooperative insurers can take a year or more. Your attorney can give you a realistic timeline once they review the facts of your situation.
Speak with a Car Accident Attorney at the Cottrell Law Office Today
If you or a loved one has sustained injuries in a car accident, consider speaking with an attorney to discuss your case and options moving forward.
At the Cottrell Law Office, we pride ourselves on relentlessly fighting for the rights of our clients. Firm founder and managing attorney Wesley A. Cottrell has more than 32 years of experience fighting for the rights of injury victims.
When you hire our team, you can feel confident knowing that you have someone on your side with the background and resources necessary to give your case its best chance at success.
When you’re ready to discuss your case, call us to schedule a free consultation and see if we might be the right fit for you.