Conway, AR Car Accident Lawyer

Each day, we drive our cars and carry out our routine without any mishaps. However, there are times when unforeseen incidents occur, leading to car accident injuries that necessitate compensation.

If you were injured in a car accident because of someone else’s negligence, our lawyers are here to assist you in recovering compensation. Unfortunately, negligent drivers are more prevalent on the roads than we would like to believe, and their actions can lead to accidents in various ways. If this applies to you, you have the option to file a lawsuit to obtain justice for the damages you have suffered. Remember, you do not have to face these challenges alone. Our team is ready to fight for you.

For a free case review with our car accident lawyers, contact us today at (479) 316-0438.

Knowing Whether You Have a Valid Car Accident Lawsuit in Conway

After a car accident, it is common to feel disoriented and worried about the well-being of everyone involved. Nonetheless, if you did not cause the accident, then someone else must have been at fault.

Fortunately, our car accident attorneys can help you determine the next steps to protect your rights and recover the compensation you are entitled to.

Who Was Negligent?

Most car accidents result from driver negligence, but determining whether the other driver was negligent and what their negligence entailed can be difficult. Often, the other driver denies any negligence or wrongdoing. However, if you know you did not behave negligently or carelessly when the accident occurred, there is a strong chance that the other driver did behave negligently.

Sometimes, negligence is clear from the evidence that your attorney and the police may obtain during the investigation. We should review photos and videos from the accident, talk to witnesses, and review police reports to determine how the other driver caused the accident.

Were You Injured?

Accidents can be scary, but they are not always huge disasters. Many drivers are lucky enough to sustain only some minor vehicle damage and nothing more. If you want to sue, you will likely need to show that you experienced injuries and suffered damages.

For a personal injury lawsuit, you must have bodily injuries to be able to sue the other driver. If you did not experience bodily harm, a lawsuit might not be the best path forward for you.

Will Insurance Help?

In Conway, insurance operates under the “at-fault” system, which means that the insurance company of the driver who acted negligently should be held accountable. You will likely need to file a third-party claim with the other driver’s liability coverage, and you must be prepared to prove how the other driver is responsible.

You may have a strong case for a lawsuit if insurance does not cover all your damages. In severe accidents, damages often exceed policy limits, and lawsuits may be the best or only way for injured drivers to receive full compensation.

Proving Negligence in a Car Accident Lawsuit

The driver whose actions resulted in an accident is usually considered at fault. Negligence occurs when a party fails to fulfill their legal obligations to others.

Duty of Care

As drivers, we owe legal duties to our fellow motorists on the road, such as following traffic regulations and guidelines. The law recognizes a legal obligation or duty of care of all drivers on public roads and highways to drive with reasonable safety under the circumstances while obeying the traffic code.

Put another way, simply operating a vehicle on a public road creates a legal duty to drive safely. If the other driver violates this duty, they may be held responsible for the accident.

Breach of Duty

A breach of duty is something that violates or breaches a driver’s legal duty of care on the road. To be held responsible for an accident, we must show how the other driver breached their duty. If there is no breach, they may not be held liable.

A breach includes driving over speed limits, disobeying traffic lights and stop signs, and driving while distracted. Any failure to abide by the duty of care can lead to an accident, and the driver who neglects their responsibilities will be held accountable for the resulting consequences.

Direct Connection Between the Breach and the Accident

The mere fact that another driver acted negligently and breached their duty of care does not automatically make them legally responsible for the car accident. We must also prove that the breach directly caused the accident.

At-fault drivers may argue that something other than their own negligence caused the accident. They might say another driver was involved in causing the accident, or that the plaintiff in the lawsuit is the real culprit. We need evidence that proves otherwise and shows a direct, causal connection between their negligent actions and the accident.

Damages from the Accident

Finally, we must prove that you actually experienced injuries and damages. You cannot sue for hypothetical injuries that could have happened but did not. Not only that, but defendants cannot be held liable for damages that plaintiffs cannot prove. We may need witness testimony, records of your costs, and your own testimony about how the accident affected your life.

Damages Available Following a Car Accident in Conway

The consequences of a car accident play a crucial role in determining the outcome of a lawsuit. To win a personal injury case, the plaintiff must prove that they experienced damages from the accident that can be compensated in court. This highlights the significance of seeking medical assistance immediately after an accident to uncover and treat any injuries.

If you have been injured, lost work hours, or incurred expenses because of a car accident, it is advisable to consult with our skilled Conway attorneys to determine if you have a legal claim. Avoid relying on the opinions of friends or family members, and certainly do not depend on what the insurance companies say. Instead, it is recommended that you discuss your specific situation with a knowledgeable lawyer.

Economic Damages

Economic damages revolve around monetary costs you incur as a direct result of the accident. For many, this includes significant hospital bills, vehicle repairs or replacements, lost income from missing work, and other costs. Save all your receipts, invoices, and credit card bills to review with your attorney so they can accurately calculate your economic damages.

Non-Economic Damages

Your non-economic damages might not be fully proven through evidence of financial costs alone. Instead, we need to show how the accident took a toll on your physical and mental well-being and affected your quality of life.

Many non-economic damages include bodily pain, mental distress, psychological injuries like depression or PTSD, humiliation, and overall loss of quality of life.

How Long Do You Have to File a Lawsuit After a Car Accident in Conway?

In Conway and throughout Arkansas, there is a specific time limit for filing a car accident lawsuit. This is known as the statute of limitations and is set out in Ark. Code. § 16-56-105. Victims of car accident injuries have three years from the date of the accident to file their lawsuit.

The clock starts ticking on the date that the cause of action accrues, which is usually the date of the accident. For example, if your car accident occurred on January 10, 2024, you would have until January 10, 2027, to file your claim in the appropriate court.

Dangerous Roads and Highways in Conway, AR

Road safety is a significant concern in Conway, where certain roads and highways have become notorious for their danger.

Highway 12

For example, Highway 12, despite being just 57 miles long, has gained a reputation as one of the most dangerous roads in Conway. Accidents on this highway are often fatal, leading to tragic losses and potential wrongful death cases.

Highway 25

Another dangerous highway with a long history of auto accidents is Highway 25. This highway runs north to south for about 127 miles and is known for a high number of serious or fatal collisions. High speed limits, large trucks, and heavy traffic may contribute to the high risk of serious accidents.

Interstate 40

Interstate 40 is also one of the most dangerous interstates in Conway. This is a major high-speed corridor that often experiences heavy traffic, numerous large trucks, and crashes. Considering the high rate of speed and heavy traffic on this highway, it is more than possible that one driver’s negligence could cause a serious multi-vehicle accident.

Types of Car Accident Cases Our Attorneys Handle in Conway

Some car accidents are straightforward, requiring little more than filing a claim. However, many car accident cases in Conway can be much more complicated, often involving multiple parties. The following are some of the difficult cases we help clients get compensation for in Conway:

Accidents Involving Multiple Vehicles

Multi-vehicle accidents can be extremely complicated to deal with. They involve multiple parties, and determining fault can be a challenge because of the complex sequence of events leading up to the crash.

In several cases, more than one driver might share responsibility for the accident. After being involved in a crash, it’s critical to document everything you can to strengthen your case. Be sure to photograph the scene, speak with any witnesses and get their contact information, and request a copy of the official police report. Thorough documentation can significantly improve your ability to recover the full compensation you’re entitled to receive.

Accidents Caused by Commercial Drivers

When a collision involving a commercial driver occurs, the resulting lawsuit can be much more complicated than those involving private drivers. If the accident occurred while the driver was performing their work duties, the driver’s employer might share some responsibility.

This is particularly the case if the employer fails to ensure that the driver is properly trained and fit to operate the vehicle. Moreover, if the vehicle was not adequately maintained or if the company responsible failed to provide proper training to its employees, the company could also be held accountable.

Rideshare Vehicle Accidents

In the event of an accident involving a rideshare vehicle, such as those operated by Uber or Lyft, determining liability can be a complex process. If the driver of the rideshare vehicle is found to be at fault, the company’s insurance policy typically covers any resulting damages.

However, this applies only if the driver was actively transporting a passenger and logged into the app at the time of the accident. If the driver was not carrying a passenger and was not waiting for a ride request, their personal insurance policy might cover the damages. It is essential to have a team on your side that understands these nuances to maximize the compensation you receive.

Accidents Caused by Amazon Delivery Truck Drivers

Accidents involving Amazon delivery trucks have become increasingly common as the company continues to expand its delivery network. If an Amazon delivery driver causes an accident, both the driver and Amazon might be held liable.

Amazon maintains a commercial insurance policy that covers its drivers during deliveries, but the company has also faced lawsuits alleging negligence in its hiring and training practices.

In some cases, the driver might work for a third party contracted with Amazon to make its deliveries. This means the driver usually does not work directly for Amazon but is an employee of a third-party contractor that has direct control over the employee.

In that situation, suing Amazon might not be possible, but compensation could be recovered from the contractor and its driver. However, Amazon insurance might still apply in these cases.

Pedestrian and Car Accidents

Pedestrian and car accidents are tragically common. These accidents often occur when pedestrians attempt to cross highways or local streets, and they are more common at night. When a pedestrian is hit by a car, the driver can often be held liable if they were not exercising reasonable care. However, pedestrians also have a duty to follow traffic laws and could be found partially at fault in some situations.

Bicycle and Car Accidents

Bicycle and car accidents have the potential to cause catastrophic injuries, especially considering cyclists’ high susceptibility to harm. Numerous factors can lead to such accidents, including drivers neglecting to give way to cyclists, inattentiveness from either drivers or cyclists, or hazardous road conditions.

In these cases, responsibility is generally attributed to the party who failed to demonstrate reasonable care, which could include the driver, cyclist, or even a third party responsible for ensuring the safety of road conditions.

Manufacturing and Design Defects

Not all car accidents are solely the result of driver error or negligence. In some cases, accidents can be caused by manufacturing and design defects. These defects can render vehicles unsafe and lead to accidents that could have been prevented.

When such situations arise, the manufacturer of the vehicle or the faulty part can be held accountable. To establish liability, it is necessary to demonstrate that the vehicle or part was, in fact, defective, that the defect caused the accident, and that the accident resulted in the victim’s injuries. This process can be extremely challenging and often requires the testimony of expert witnesses to establish key but complex elements of the case.

Accidents Caused by Drunk Drivers

One of the leading causes of car accidents in Conway is drunk driving. If a drunk driver causes a car accident, the driver can be held accountable for any injuries or damage that result from the accident.

In certain situations, establishments that served alcohol to the driver can also be held responsible for the accident under the state’s dram shop laws. Moreover, a criminal conviction for drunk driving can serve as evidence of negligence in a civil case.

Because driving while intoxicated is usually considered egregious behavior, punitive damages can typically be claimed in these cases. These damages are intended to punish the other party for reckless behavior, which a DUI almost always falls under.

FAQs About Car Accident Claims in Conway, AR

How Do I Know if I Should Sue for a Car Accident?

You might not know for sure whether a lawsuit is a good idea until you speak to an attorney. Even so, serious injuries and even a little bit of evidence indicating negligence on the other driver’s party may mean you have a strong legal case on your hands. Talk to a lawyer as soon as possible.

How Do I Know What Damages to Claim in a Car Accident Case?

Damages commonly include claims for the monetary costs of the accident and for the plaintiff’s mental, physical, and emotional damages. You may claim hospital bills, vehicle repair costs, damaged personal belongings, lost income from missing work, physical pain, and emotional distress, among various other damages.

Can I Sue for a Car Accident if I Was Not Driving?

Yes. You may sue for your injuries even if you were not driving but were a passenger in one of the vehicles. You may also sue if you were struck by a car while riding a bike, walking on a sidewalk, or crossing the street.

How Do I Get Evidence for a Car Accident Lawsuit?

Evidence may be found at the scene of the accident, and you should try to collect what you can while you wait for help. Rather than picking up physical objects from the accident, take pictures and record videos of the scene. If anyone has a dashcam, we should preserve the footage as quickly as possible.

Should I Sue for a Car Accident if My Claims Are Covered by Insurance?

Maybe. If your claims are completely covered, you may not need to pursue a lawsuit, and doing so might be a waste of time and resources. However, if your damages exceed insurance policy limits, or specific damages are not covered by insurance, you can and should sue for full compensation.

Our Conway Car Accident Lawyers Can Help

Call us today at (479) 316-0438 to speak with our car accident attorneys and receive your free case evaluation.