Can You Sue a Drunk Driver in Arkansas?

Drunk driving is dangerous. Not only is it unacceptable from a safety perspective, but it is also illegal in Arkansas. An intoxicated driver can be held criminally and civilly responsible after a collision. If you or a loved one was involved in a crash with an intoxicated driver, an experienced Little Rock DUI accident attorney can help you seek justice and compensation.

Still, the unfortunate reality is that drunk driving remains far too common in our region. The Arkansas Judiciary reports that our state ranks in the bottom ten for DUI fatalities. Impaired drivers can and should be accountable. Notably, a drunk driver who causes a crash in Arkansas may face civil liability separate from any criminal prosecution.

How Do You Hold a Drunk Driver Liable for a Crash in Arkansas?

You have the right to file a civil legal claim against an impaired driver after a crash in Arkansas. A drunk driver may also face criminal charges after a crash, but it is the civil claims process, not the criminal justice system, that is your path to holding them liable for your damages.

Your civil DUI accident injury claim is focused on whether the driver breached his or her duty of care to operate the vehicle safely. Evidence of intoxication can strengthen your personal injury claim. Indeed, evidence developed during the DWI investigation may help establish fault. Along with other things, relevant proof of fault may include breath or blood test results, field sobriety test evidence, police body-camera footage, observations by responding officers, admissions by the driver, bar or restaurant receipts, surveillance footage, and witness testimony. Beyond that, you can also rely on other acts of negligence, such as speeding or failure to yield, to prove negligence.

Who Else Can Be Held Liable for a DUI Accident in Little Rock?

A drunk driver is not the only party who may bear liability for a drunk driving crash in Little Rock. As a general rule, your DUI accident injury claim starts with the at-fault driver and his or her insurance company. However, it does not always end there. Other parties may bear fault, including:

• An Employer: Were you the victim of a commercial DUI crash in Arkansas? The responsible driver’s employer may bear civil liability for your injuries. Indeed, an employer may face vicarious liability when an employee negligently causes a crash while acting within the scope of employment. Arkansas follows the traditional principles of respondeat superior. The law examines whether the employee was carrying out the employer’s business.
• A Bar, Restaurant, or Other Alcohol Retailer: Arkansas does have dram shop liability. However, it is narrower than in many other states. Under Ark. Code Ann. § 16-126-104, a jury may find an alcoholic-beverage retailer liable when the retailer knowingly sold alcohol to a person who was clearly intoxicated, or reasonably should have known that the person was clearly intoxicated, and the sale was the proximate cause of a subsequent injury. Notably, Arkansas law also provides a separate basis for liability for cases in which a minor causes a crash after being unlawfully sold or supplied with alcohol.
• A Vehicle Owner: It is important to clarify that ownership alone does not automatically make another person liable for the drunk driver’s negligence. With that being said, Arkansas law recognizes negligent entrustment when a person entrusts a vehicle to someone who is incompetent, inexperienced, or reckless, and the owner knew or had reason to know of that condition. As an example, if someone knowingly lets a drunk person borrow their vehicle to drive home from a bar, that vehicle owner may potentially bear liability for the crash.

What Compensation Can I Recover for an Arkansas DUI Accident?

Through a civil DUI accident injury claim against the at-fault driver or any other negligent party, you have the right to seek compensation for economic damages and non-economic damages. Along with other losses, DUI accident injury compensation in Arkansas may include:

• Property damage, including vehicle repairs;
• Ambulance costs and other emergency medical care;
• Hospital bills and related medical expenses;
• Medications and medical equipment;
• Physical therapy and rehabilitative care;
• Lost wages and loss of earning power;
• Pain and suffering;
• Long-term disability;
• Loss of life enjoyment; and
• Wrongful death of a family member.

FAQs: Suing a Drunk Driver for an Accident in Arkansas

Is a Criminal DUI Charge Relevant for a Civil Case in Arkansas?

Yes. A criminal DWI charge is absolutely relevant for your civil personal injury claim. Still, the two proceedings are legally separate. In Arkansas, prosecutors must establish guilt beyond a reasonable doubt. As a civil plaintiff, you only need to prove liability under the preponderance-of-the-evidence standard. In doing so, you can use evidence developed during the criminal investigation.

What is the Statute of Limitations for Suing a Drunk Driver in Arkansas?

Civil DUI accident injury claims are time-sensitive. Under Arkansas law (Ark. Code Ann. § 16-56-105), there is generally a three-year statute of limitations for filing a personal injury lawsuit. You do not want to miss out on your chance to seek justice and compensation. Speak to a Little Rock DUI accident lawyer as soon as possible after a crash.

Are Punitive Damages Available in Arkansas DUI Accident Injury Claims?

Yes, punitive damages can potentially be awarded in an Arkansas drunk-driving injury claim, although they are not automatic merely because alcohol was involved. Arkansas law requires a plaintiff seeking punitive damages to establish compensatory liability, and in addition, prove the required aggravating conduct (supporting punitive damages) by clear and convincing evidence.

Contact Our Little Rock DUI Accident Attorney Today

At Reed Firm, our Little Rock DUI accident lawyer has the knowledge and experience that you can rely on. If you or your loved one was hurt in a drunk driving crash, we are here to help you navigate the civil claims process. Call us at 501-777-7333 or contact us online to get a free case review. With an office in Little Rock, we handle DUI accident cases throughout the surrounding region.