Car Accident Attorneys Serving Rogers and All of Arkansas
The Arkansas car accident lawyers at Bailey & Oliver Law Firm understand how auto collisions can change every aspect of your life. Though most accidents are over within seconds, the lasting damages can impact your finances, health, and happiness for years to come.
There are more than six million passenger car accidents in the United States each year. Many of these are minor and primarily involve property damage. Others, however, are serious and can result in catastrophic injury for the drivers and passengers of cars, vans, small trucks, and SUVs.
The knowledgeable car accident attorneys at our Rogers, Arkansas office can help you understand your legal rights and determine the compensation you may be owed for your injuries, pain, suffering, and property damage. If you or a loved one has been injured in a car wreck, we urge you to contact our attorneys as soon as possible.
To schedule your FREE case review, call the dedicated Arkansas car accident lawyers at Bailey & Oliver Law Firm at (479) 202-5200 today. We will evaluate the strengths of your claim and provide advice on the most effective approach to seek legal redress for the damages you have incurred.
Top Causes of Car Accidents in Arkansas
The injury lawyers at Bailey & Oliver Law Firm have witnessed firsthand the devastating consequences of car accidents on individuals and families. We have decades of experience investigating car crashes to determine why they happened – and we are ready to take these cases as far as needed to hold irresponsible drivers to full account for their actions.
Some of the most common causes of car accidents in and around Rogers, Arkansas are:
According to the Arkansas Department of Finance & Administration, speeding is the number one cause of traffic citations in our state. Excessive speed is also a leading cause of car accidents in Arkansas and across the United States. Drivers who exceed the posted speed limits put themselves and others at risk. Traveling at high speeds shortens the time available for drivers to react to unexpected situations, making it difficult to control the vehicle and avoid collisions.
Careless, Reckless, and Improper Driving
Aggressive and reckless driving behaviors, such as tailgating, changing lanes without signaling, and disregarding traffic laws, contribute to numerous accidents on Arkansas roads. Reckless drivers often underestimate the risks associated with their actions, leading to collisions, injuries, and fatalities.
Distracted driving has emerged as a significant cause of car accidents in recent years. With the widespread use of smartphones, drivers often engage in activities like texting, browsing social media, or talking on the phone while behind the wheel. These distractions divert their attention from the road, often leading to catastrophic accidents.
Impaired driving remains a persistent problem in Arkansas. Despite stringent laws and public awareness campaigns, some individuals continue to operate vehicles under the influence of alcohol or drugs. Intoxicated drivers exhibit reduced reaction times, impaired judgment, and compromised motor skills, which significantly increase the likelihood of accidents.
Prescription and OTC Medications Use
Unlike alcohol, prescription and OTC Medications are not always considered dangerous. However, a study from AAA found that an alarming number of drivers are intoxicated on things like antihistamines, decongestants, cough syrups, muscle relaxants, and opioids. Any level of intoxication, however mild or legal, poses a serious risk to everyone on the road.
Failure to Obey Traffic Laws
Disregarding traffic laws, such as running red lights, not yielding right-of-way, and ignoring stop signs, contributes to a significant number of accidents. Failure to follow these basic rules of the road also disrupts the flow of traffic.
Driver fatigue is a commonly overlooked cause of car accidents. Sleep-deprived drivers exhibit reduced alertness and impaired judgment, which can result in lapses in attention, slower reaction times, and even falling asleep at the wheel.
Poorly Maintained Roads
Unmaintained roads, dangerous intersections, poorly designed traffic systems, and similar issues can easily contribute to car accidents. These factors are often overlooked, though they may play a significant role.
From defective airbags and faulty ignition switches to electrical fires and engine failure, defective vehicles pose a serious threat. Oftentimes, defects occur while the vehicle is in operation, causing a loss of control and significantly increasing the risk of an accident.
Inclement Weather Conditions
Arkansas experiences various weather conditions, including severe wind and heavy rain. Poor weather can significantly impact road conditions, reducing visibility and creating slippery surfaces. Drivers who fail to adjust their driving behavior accordingly may lose control of their vehicles, leading to accidents.
When you are injured or a loved one is killed in a car crash, identifying its underlying causes will be necessary for seeking proper compensation. We are here to review your claim free of cost and obligation to help ensure you understand your rights and options.
What Is Distracted Driving?
Distracted driving is a catch-all term for anything a driver may do that isn’t related to driving.
There are three types of distracted driving:
- Visual. Taking your eyes off the road.
- Manual. Taking your hands off of the steering wheel.
- Cognitive. Taking your attention away from driving.
Some forms of distraction, such as eating and drinking, using a cell phone, or personal grooming involve all three types. Others may only involve one or two. But even the slightest distraction places everyone at risk.
Distraction is ubiquitous. This makes proving its role in a car accident all the more difficult. Experienced and effective, our Arkansas car wreck lawyers know how to investigate these claims to determine if distraction contributed to your injuries.
What Are the Most Common Car Accident Injuries?
Several factors help determine the location and severity of car accident injuries. Depending on the speed, weight differential between vehicles, road conditions, seatbelt use, and more, common car accident injuries include:
- Traumatic Brain Injury
- Spinal Cord Injury
- Broken or Pulverized Bone
- Organ Damage
- Soft Tissue Injury
Car accidents are a leading cause of traumatic brain injury and spinal cord injury, both of which can have a profound impact on your ability to be self-sufficient or provide for your family. Tragically, hundreds of car accidents in Arkansas also result in death, either as a direct result or following complications from severe injuries like TBI.
The lifetime costs associated with car wrecks can exceed millions. When your injury is the result of someone else’s actions, holding them responsible for your damages is your right. We are here to fight for your rights and help you secure the full compensation you are due.
What To Do After a Car Wreck
When you are involved in a car crash, the action you take on the scene can help protect your rights and ensure your safety. This includes:
Moving Off of the Road
The first and most important step after a car accident is to prioritize your safety and the safety of others involved. If possible, move your vehicle to a safe location away from traffic, turn on your hazard lights, and check for injuries. Call 911 if anyone requires immediate medical attention.
Contact Law Enforcement
It’s important to report the accident, particularly if there are injuries or crash cleanup involved. If there are no injuries, dial the non-emergency number and request an officer to arrive at the scene. The police report will document important details, such as the date, time, location, and parties involved, which can be helpful for potential legal actions. Do not suggest to the police that the accident was your fault.
Collect as much information as possible from the accident scene. Exchange contact, insurance, and driver’s license details with the other parties involved. Additionally, note down the names and contact information of any witnesses who may have observed the incident.
Document the Accident
In addition to gathering information, make a detailed record of the accident. Jot down the sequence of events leading up to the collision, including weather conditions, road conditions, and any other relevant factors. Take photographs of the accident scene, vehicle damage, and any visible injuries. These notes can serve as a helpful reference when pursuing legal action.
Notify Your Insurance Company
Promptly notify your insurance company about the accident, even if you believe the other party is at fault. Provide them with accurate and factual information regarding the incident. Be cautious when speaking to insurance adjusters and avoid admitting fault or speculating about the extent of your injuries.
What you do in the days and weeks following your accident can also impact your ability to file suit. We recommend you:
Seek Medical Attention
Regardless of whether you believe your injuries are severe or minor, it is crucial to seek medical attention after a car accident. Some injuries, including SCI and TBI, may not be immediately apparent. Only a medical professional can diagnose and document your injuries properly. Delaying medical treatment may not only compromise your well-being but also weaken any potential injury claims.
Call the Car Accident Lawyers at Bailey & Oliver
If you’ve sustained significant injuries or property damage, having an attorney can help protect your rights, guide you through the legal process, negotiate with insurance companies, and represent your best interests in court if necessary. Having a car accident attorney on your side often helps to ensure the most positive outcomes.
What If I Couldn’t Document My Car Accident?
Many victims of car crashes sustain severe injuries that prevent action on the scene of the accident. If your injury prevented you from taking pictures, gathering contact info, or following other “what to do after a car crash” advice, we can still help. During the investigative process, we will do everything possible to uncover every piece of evidence that supports your claim.
The car accident lawyers at Bailey & Oliver Law Firm have more than 60 years of experience helping victims of car accidents in Rogers and surrounding areas get justice. We welcome the opportunity to meet with you, assess your claim, and help you decide how best to move forward.
How Much Is My Car Accident Claim Worth?
There are many factors to determine the value of a claim. Your case is likely very unique and has its own set of factors that determine value. Serious injuries combined with the fault clearly on the other driver can result in claims with substantial value and compensation. The value of your case is often determined by the law firm you hire. It is simple; if the insurance company knows your law firm will go to trial for you, the insurance will offer a huge amount more than a law firm that the insurance company knows will not go to trial.
Damages in a car accident claim may include:
- Current and Future Medical Expenses
- Current and Future Lost Wages
- Household Expenses Related to the Injury (remodels, retrofits, etc.)
- Assistive/Adaptive Technology Required by the Injury (wheelchairs, prosthetics, etc.)
- Physical Pain
- Emotional Suffering
Car accident claims revolving around catastrophic personal injury may seek compensation for all related economic, physical, and psychological damages.
The Arkansas car accident lawyers at Bailey & Oliver Law Firm have secured millions for victims of serious injury. We are here to listen to your story, assess the many ways your accident has impacted your life, and help you determine how much your car accident claim is worth.
How Long Do I Have to File a Claim?
In the state of Arkansas, you have three years from the date of your car accident to file a personal injury claim. (See Arkansas Code § 16-56-105) However, filing a car accident lawsuit well in advance of the statute of limitations is important for preserving evidence, securing witness statements, and building a strong case. By taking timely action, you avoid the risk of missing legal deadlines and may even improve the chances of a successful claim.
We strongly encourage you to contact us for a complimentary case review long before the statute of limitations nears. This enables us to better protect your rights and maximize the chances of obtaining the compensation you deserve.
Will My Car Accident Claim Go to Trial?
Our car accident lawyers are always ready to go to trial. Our number one goal is collecting maximum value for our clients. If we can do that for you by settlement, wonderful! If we can do that for you by trial, we will do so with honor. Most car accident claims in Arkansas settle before a trial is necessary. Negotiating a settlement before a trial can help save time and, with the help of an experienced legal team, can result in significant compensation as well.
When claims settle during negotiations, they may be over within six to twelve months. When they go to trial, they may take two years or longer.
It is our hope to obtain a positive outcome for you without you having to go to trial, saving you from the stress of court proceedings. However, in some cases, our car accident lawyers need to enter the courtroom to get the compensation our clients deserve. Experienced litigators, our attorneys are prepared to take your claim as far as needed to help ensure the best results possible.
How Do I Choose the Best Car Crash Lawyer in Rogers?
When you are looking for an Arkansas car accident attorney, experience and results are important. So too is a firm’s reputation for client relations.
At Bailey & Oliver Law Firm, we take time to fully understand and appreciate the situations our clients are in. We listen carefully, advise thoughtfully, and provide quality client care at every step. We are passionate about justice and fight tirelessly for our clients.
We work on a contingency basis and take care of all upfront costs. You only pay for our services if we win. But at Bailey & Oliver Law Firm, winning is what we do. Our goal and desire is to achieve the best possible outcomes for our clients, and when we win – then, and only then, do we get paid for our work.
If you need a car accident lawyer in Arkansas, contact Baily & Oliver Law Firm online or by calling (479) 202-5200 to schedule your FREE consultation today. Located in Rogers, we serve all Northwest Arkansas Communities.
Can I File a Personal Injury Claim if I Was Partially at Fault for the Accident?
Yes, you can – as long you’re less than 50 percent responsible for the crash. Arkansas is a modified comparative fault state, which means that partially at-fault drivers or road users can file a compensation claim.
However, the final settlement amount receivable by the plaintiff will be affected by their degree of culpability. For example, if the value of your injury claim is $50,000, but you were found to be 30 percent responsible, you’ll only get 70 percent ($35,000) in the final payment.
Do You Need a Police Report for an Accident in Arkansas?
If you intend to pursue damages and recover compensation from your insurance provider or the at-fault party’s insurance company, you’ll need a police report. Arkansas state laws require that all car accidents be reported to the police immediately.
When the police arrive at the scene, they’ll take notes, interview both parties and witnesses (if any), and compile a report. This police report will contain the details of the parties involved in the crash, the law enforcement officer’s unbiased opinion on the cause of the accident, and other pertinent information regarding the collision.
To successfully pursue an injury claim, you need to retrieve the police report as the liable party’s insurance provider would prefer the information from an unbiased law enforcement agent over your claims of what happened.
How Can a Car Accident Lawyer Help Me if the Other Driver Was Uninsured?
An experienced Arkansas auto accident attorney can help seek maximum compensation from your insurance provider if the other driver has no insurance. All drivers in the state are required to carry no-fault insurance, otherwise known as personal injury protection coverage.
And if you have uninsured or underinsured motorist coverage, that can be handy in situations like this. This allows you to directly seek benefits from your insurance provider if the other party has no insurance.
An injury lawyer can also help you navigate the often complex laws surrounding injury claims involving uninsured drivers. At Bailey & Oliver Law Firm, our injury lawyers can work to recover monetary damages, as well as non-economic damages, on your behalf.
What Should I Do if the Insurance Company Denies My Car Accident Claim?
Don’t panic if your claim was denied. You may have options. First, find out the reason for the denial — most insurance companies provide this information in the claim denial letter. Common issues include:
- Errors in the filing — This can be anything from a wrong code to a misspelled name or outdated personal information e.g. If you got married and changed your last name.
- Care wasn’t authorized by the insurance provider before it was carried out — Some tests or surgeries may require prior authorization before they can be covered by the insurance provider.
- Insurance policy doesn’t cover your type of injury.
- You filed the claim with the wrong insurance company.
- Your requested settlement amount is higher than the at-fault party’s coverage limits or your coverage limits.
There are many reasons for claim denials. For example, insurance companies can refuse to approve claims with inadequate or inaccurate information. The best strategy would be to work with an experienced car accident lawyer to figure out the problem. Then, let them handle the claim appeal process and recover your damages.
What Is The Hit And Run Law In Arkansas?
Arkansas hit and run law prohibits the liable party from leaving the accident scene without rendering help to the victim. If the liable party leaves the scene, they may be charged with Class A or B misdemeanors, or Class C or D felonies.
They may also pay fines of up to $10,000, have their driving licenses revoked, and serve jail time of up to six years. The court may also mandate them to pay damages for the injuries and pain sustained by the victim. Ultimately, how much they – or their insurance provider – will pay as compensation depends on the severity of property damage, the state they were in at the time of the crash, and/or injuries sustained by the victims.
What Happens if My Car Accident Injuries Don't Appear Until Weeks or Months After the Accident?
Arkansas civil statute of limitations (how long you have to file an injury claim) and discovery rule (when you found out that you sustained injuries because of the accident) play a crucial role here. Typically, you have three years from the date of the incident and two years from the date of discovery to file a claim.
If the injury doesn’t show up until much later, the discovery rule states that the statute of limitations starts counting from that point. For example, let’s say a plaintiff was in a car accident two and half years ago, but only developed severe back pains a week ago.
If the plaintiff can trace the cause of the severe back pain to that accident, and weren’t involved in another accident before they discovered the injury, they have two years to file a claim, per the discovery rule.
Can I File a Lawsuit if I Lost a Loved One in a Car Accident?
You can file a wrongful death suit if you lost a loved one because of someone’s carelessness or negligence. But it has to be done within a year of your loved one’s demise. Sadly, we understand that one year is not enough time to process the death of your loved one or even seek legal advice.
But if you want to make the liable party pay for their actions or mistakes, it’s best to seek the legal services of an experienced wrongful death attorney in Arkansas on time. At Bailey & Oliver Law Firm, our wrongful death lawyers can fight for your rights and help you recover the losses caused by the passing of your loved one.
While money cannot bring back your loved one, it can help provide some measure of financial security for you and other surviving relatives.
When Bailey & Oliver Law Firm goes to work for you, we apply every resource and every team member to your case. We form relationships with our clients and often become extended members of the family. Our passion is helping people, to be a voice for the voiceless, a champion for justice, and a protector of your rights. We are not afraid to get our hands and our feet dirty in order to win a desirable outcome.