Little Rock Drunk Driving Accident Attorney

Impaired drivers are one of the most dangerous hazards on Arkansas roadways. These motorists often have reduced ability to operate their vehicles safely due to issues such as slow reaction times and poor awareness. If you’ve been hurt in a crash with a drunk driver, now is the right time to act.

You are entitled to pursue financial compensation from an impaired motorist, and our team is here to help. At Reed Firm, we can investigate the cause of your crash and find proof that the other driver was intoxicated. Reach out to a Little Rock drunk driving accident attorney today.

Arkansas Drunk Driving Statistics

Impaired drivers are present in every state, and Arkansas is no exception. In fact, it’s considered one of the worst states for drunk driving in the entire country. According to a three-year study, Arkansas is one of the ten worst states for intoxicated driver accidents.

The extent of these accidents is staggering. According to the Arkansas Department of Health, one out of every four traffic fatalities in the state is the result of alcohol impairment. Given the widespread damage these drivers can cause, it’s important to seek out an attorney to protect your rights after a crash.

What to Do After an Accident with a Drunk Driver

Every step you take following a collision with a drunk driver is important. Your actions could hurt or help your personal injury claim, so it’s vital that you are careful. Some of the things to do after a crash include:

Call 911 and Report the Crash

Always report the accident to law enforcement. If you suspect the other driver is intoxicated, tell the responding officer. Police will investigate and file a report, and there’s also a possibility they will arrest the other driver and charge them with a crime.

Seek Immediate Medical Care

Even if you feel stable, get evaluated by a medical professional. Injuries from drunk driving accidents are often serious and may not show symptoms right away. Medical records also create a clear link between the crash and your injuries.

Document the Scene

If you are able, take photos of the vehicles, road conditions, and visible injuries. Look for signs of intoxication, such as open containers or erratic behavior. This evidence can become important later.

Gather Witness Information

Witnesses play an important role in these cases, as juries are more likely to believe them. To ensure they are available at trial, take down their contact information before they leave the scene of the crash.

Avoid Speaking with Insurance Adjusters Alone

It’s never a good idea to speak to the other driver’s insurance company without an attorney. Their adjusters will likely attempt to twist your words or look for an excuse to deny your claim. You’re not obligated to talk with them, and doing so will only work against you.

Talk to a Lawyer

A Little Rock drunk driving accident attorney can step in immediately to protect your rights. There are a lot of risks that come with handling your own personal injury case, and our team is ready to give you the best shot at a favorable outcome.

Proving Negligence in a Drunk Driving Crash

To recover compensation, you must prove negligence. In a drunk driving case, this means showing that the other driver failed to act with reasonable care and caused your injuries.

Driving under the influence is strong evidence of negligence. Arkansas law prohibits operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. However, impairment can exist even below that level if alcohol or drugs affect the driver’s ability to operate the vehicle safely.

To prove that the other driver was impaired, you’re going to need evidence. Evidence in these cases often includes:

• Police reports
• Field sobriety test results
• Breath or blood test results
• Dashcam video
• Officer testimony, and
• Witness statements.

A Little Rock drunk driving accident attorney can evaluate your case and find the strongest evidence that works in your favor.

Arkansas’s Dram Shop Law

Arkansas law allows injured victims to pursue claims against establishments that serve alcohol in certain situations. Under Arkansas Code Annotated § 16-126-104, a business may be held liable if it knowingly serves alcohol to a clearly intoxicated person who then causes injury to someone else.

This is often referred to as a dram shop claim. These cases focus on whether the establishment should have recognized that the person was visibly intoxicated and refused service.

Dram shop claims can be complex. You must show more than the fact that alcohol was served. Evidence may include witness testimony, receipts, surveillance footage, and employee statements. When successful, these claims provide another avenue for recovering compensation beyond the impaired driver.

The Administrative Points System in Arkansas

Arkansas uses a point system to track traffic violations and penalize unsafe drivers. While this system is separate from your civil claim, it reflects how seriously the state treats dangerous driving behavior, including DUI offenses.

• A first DUI conviction can result in license suspension, fines, and possible jail time.
• Accumulating too many points on a driving record can lead to additional license suspension.
• Repeat DUI offenses carry harsher penalties, including longer suspensions and increased fines.
• Refusing a chemical test can result in automatic administrative penalties, even before a criminal conviction.

These penalties do not directly compensate you, but they often support your civil case by showing the driver violated safety laws.

What Compensation Can Be Recovered

If you’ve been injured in a crash with a drunk driver, you could be entitled to different types of compensation. Some of the most common examples include the following:

Medical Expenses

You can recover costs related to emergency care, hospital stays, surgeries, medications, and rehabilitation. Serious injuries may require ongoing treatment, which should also be included in your claim.

Lost Wages

If your injuries prevent you from working, you can seek compensation for the income you lost during your recovery period. What’s more, you might be entitled to compensation for any lost benefits or unused vacation time as well.

Loss of Earning Capacity

Some injuries limit your ability to return to your previous job or earn the same income. You may recover damages for this long-term financial impact.

Pain and Suffering

Drunk driving accidents often cause significant physical pain and emotional distress. Arkansas law allows compensation for how the injury affects your quality of life.

Punitive Damages

Often, courts allow the jury to award punitive damages when a drunk driver causes injury to another. Punitive damages are intended to punish the wrongdoer, and they are in addition to compensatory damages like medical expense recovery and pain and suffering.

Property Damage

You can recover the cost of repairing or replacing your vehicle and any other personal property damaged in the crash.

How an Attorney Can Help

Handling a drunk driving accident claim on your own can be overwhelming. A lawyer provides guidance and takes on the legal burden so you can focus on recovery.

Investigating the Crash

An attorney gathers evidence, reviews police reports, and works with experts to understand exactly how the accident occurred.

Identifying All Liable Parties

Beyond the driver, other parties may share responsibility. This can include bars, restaurants, or event hosts who are subject to dram shop laws.

Calculating Full Damages

Your lawyer can look at all of your losses and give you an idea of what your case might be worth, taking into account the probability of punitive damages. While an attorney can’t make promises about a certain outcome, they can help you understand the types of damages available.

Negotiating With Insurance Companies

Insurance companies often attempt to minimize payouts. An attorney handles negotiations and pushes for a fair settlement.

Taking the Case to Trial

These cases usually settle without the need for a trial, but that isn’t always how things play out. If the other side refuses to settle, your attorney could take your case to trial and secure a verdict in your favor.

Speak With a Little Rock Drunk Driving Accident Attorney Today

If you’ve been hurt in a collision with a drunk driver, you deserve justice. The legal system provides you with the chance to seek compensation, but doing it on your own is never easy. Call a Little Rock drunk driving accident attorney today for a free case review.

Frequently Asked Questions

Can I sue the bar that served the driver?

In some cases, you may be able to sue a bar under something known as the dram shop law. To be successful, you’ll need to prove they knowingly overserved the driver.

Will the drunk driver’s criminal case affect my civil case?

You have the right to file a personal injury claim following an accident, regardless of whether they’ve been charged with a crime. If there is a criminal conviction, you can use it as evidence in your case.

How long do I have to file a lawsuit in Arkansas?

You generally have three years from the date of the accident under Arkansas Code Annotated § 16-56-105. This deadline, known as the statute of limitations, can be a major pitfall with personal injury claims.

What if the driver refuses a breath or blood test?

Refusing a test can lead to criminal charges, but it might make proving your civil case more difficult. Your attorney can still rely on other evidence to establish impairment, however.