Serving clients in Fayetteville and all of NW Arkansas
As the victim of a drunk driving accident, you may face serious injuries that keep you from returning to work and going about your daily activities. You could face high medical expenses, lost wages, and intense pain and suffering because of the other driver’s mistakes.
If you or someone in your family was injured in a drunk driving accident, or if someone you love was killed by a drunk driver, contact Ken Kieklak, Attorney at Law, today. Ken is a Fayetteville drunk driving accident lawyer representing victims and their families in lawsuits against drunk drivers and other negligent drivers. To schedule a free consultation on your case and learn more about what your case might be worth, contact our law offices today at (479) 251-7767.
Suing for a DUI/DWI Accident in Arkansas
Arkansas, like most states, has drunk driving laws that make it illegal to drive with drugs or alcohol in your system. If you are the victim of a car accident, you can usually sue the at-fault driver for the errors they committed behind the wheel. Driving under the influence (DUI) or driving while intoxicated (DWI) is a serious error that can lead to liability for an accident.
Arkansas’ drunk driving laws make it illegal to operate a vehicle while under the effects of drugs or alcohol. The “legal limit” for DWI in Arkansas is .08%, which means that if the driver has .08% alcohol by volume in their blood, they are automatically in violation of DUI laws. It is also illegal to drive while under the effects of drugs. Police aggressively pursue charges in these kinds of cases, often arresting and testing drivers to gauge their blood alcohol concentration or if there are any drugs in their system.
Just because there is a criminal law against drunk driving does not prevent you from suing as well. You can file a civil suit for negligence leading to injury even if there is already a criminal case against the driver that injured you. In fact, that criminal case may help your case. If the drunk driver who injured you is convicted of the crime, that conviction or any guilty pleas they made might help you prove your case against them.
When you file a lawsuit for injuries, you usually need to prove that the at-fault driver was “negligent” by showing they violated some expected duty. Drunk driving laws can help prove that duty, such that any driving with a high BAC is automatically negligent.
To prove your case, you must also prove that their negligence caused your injuries and you must prove the injuries you suffered. This means showing how the accident happened and proving the harms you suffered, such as medical bills, lost wages, and pain and suffering.
Damages for Drunk Driving Victims in Arkansas
After a car accident, you may face a few common areas of damages. Serious damage to your vehicle is common after a drunk driving accident, but the focus of your personal injury case should be the medical expenses, lost wages, and pain and suffering from the accident.
You can claim damages for any medical bills you face related to the accident. Things like emergency medical transportation, surgeries, hospital stays, rehabilitation, and doctor’s visits can all be compensated. You can prove these damages by bringing the bills to court and having doctors and experts testify as to what your ongoing medical costs will cost.
Lost wages are common if your injuries prevent you from returning to work. Missing substantial work during your recovery can be hard on your family, especially if they rely upon you for income. Claiming lost wages can help supply you and your family with support while you recover. If the injuries from the accident led to permanent injury and disability, you may also claim damages for ongoing lost wages or reduced earning capacity. You can prove these damages by using evidence of your normal salary, such as pay stubs and bank statements, to prove the income you lost.
Pain and suffering is difficult to prove because it is so personal and may not have any outwardly obvious evidence. Juries understand that more serious injuries obviously result in more pain and suffering, so that is one factor in proving your injuries. Otherwise, your statements about how the injury affected your life, how it stopped you from performing activities you used to enjoy, and how it affected your home life can be important evidence to prove your pain and suffering.
Fayetteville, Arkansas Drunk Driving Injury Lawyer Offering Free Consultations
If you or a loved one was injured in a drunk driving car accident, you may be entitled to file a lawsuit to recover damages for medical expenses, lost wages, and pain and suffering. To schedule a free consultation on your case, contact Fayetteville drunk driving injury lawyer Ken Kieklak today. Our number is (479) 251-7767.