Serving clients in Fayetteville and all of NW Arkansas
A car accident can be a life-altering experience if you sustain serious injuries. Students at the University of Arkansas are in the prime of their life, and any injuries sustained in a car crash on- or off-campus could interfere with your studies and potentially stop you from continuing your education entirely.
If you or a loved one was injured in a car crash or was killed in a car accident near the University of Arkansas, call our University of Arkansas car accident lawyer today. Ken Kieklak, Attorney at Law, is an experienced Fayetteville, AR car accident lawyer that represents victims and their families in claims seeking compensation for medical expenses, lost wages, pain and suffering, and other damages related to car accidents. For a free legal consultation on your potential case, contact our law offices at 479-251-7767.
Suing for Car Accident Injuries in Arkansas
If you were injured in a car crash while attending the University of Arkansas, Arkansas’ traffic laws and insurance systems might be unfamiliar to you. Especially if you are from another state or have never been in a car crash before, it is important to understand how car accident cases work in Arkansas and how you can sue for your injuries.
Some states are “no-fault” car accident states. This means that car insurance policies issued in those states are required to cover the injuries and costs to the driver who carries the insurance policy. This personal injury protection (PIP) coverage usually covers up to a certain threshold of damages. Other states use a “fault” system where the insurance covers injuries that policyholder causes in an accident. Some states with no-fault systems also generally block lawsuits, requiring injury victims to use their insurance unless they meet certain thresholds.
In Arkansas, you can pay for no-fault coverage, and your insurance company is required to offer it to you, but you do not necessarily have any no-fault coverage on your policy. Moreover, no-fault coverage is not necessary, since you may be able to sue for severe injuries.
When you file a lawsuit against the at-fault driver in Arkansas, you have to prove that the other driver was at fault before you can recover compensation. This can mean pointing to traffic violations leading up to the accident such as speeding or running a red light. It can also include pointing to other serious violations during the crash, such as driving under the influence, driving while distracted, texting and driving, or drowsy driving.
If the other driver disputes the case, they may try to claim that you were actually at fault and deserve to pay for their compensation – or at the very least that they do not have to pay you. In most Arkansas injury cases, you can still claim damages even if you are partly responsible for the accident. The cutoff for liability is 50% fault, which means that as long as you are less than 50% at fault in causing the accident, you should still be able to recover compensation for the injuries you faced, though the damages might be reduced.
Damages for a University of Arkansas Student Injured in a Car Crash
As an injury victim, there are certain damages you might face in any type of personal injury lawsuit. In car accident cases specifically, you might include additional damages for the property damage you faced for damage to your vehicle. However, the damages for your physical injuries are far more important and typically include compensation for medical bills, lost wages, and pain and suffering.
Whenever you go to the hospital or seek other medical attention and care for your injuries, you should keep a good record of the payments you made. This can include saving hospital bills, health insurance records, and financial records to help show what medical care you received because of the injury. In a car accident lawsuit, you can typically claim 100% of these damages from the at-fault driver.
You may also claim damages for any wages you lost because of the accident. Many university students do not work while attending college, but if you were working on campus or at another job while attending school, you may be able to sue for any lost wages the car accident causes you. If your injuries result in permanent disabilities, they could ultimately affect your wages in the future. Any reduced earning capacity or future lost wages can also be claimed in a car accident lawsuit.
Damages for pain and suffering can be paid to a victim to cover the physical, mental, and emotional effects of the accident on top of the damages for medical bills and lost wages. If your injury was not very severe and did not greatly affect your life, these damages might be low, but you can still claim them as part of your case. In more severe injury cases, these damages can be substantial. Especially if the injury changed your life, reduced your enjoyment of life, stopped you from caring for yourself, or interfered with activities you used to perform, you could seek high damages for pain and suffering.
You may also be entitled to damages if you lost a loved one in a car accident. Talk to an attorney about what your car accident lawsuit might be worth under Arkansas law.
Call Our University of Arkansas Car Accident Lawyer for a Free Case Consultation
Car accidents are far too common for college students and could potentially affect the rest of their life. If you are a University of Arkansas student that was injured in a car accident or you are the parent or family of a loved one killed in a car accident near the University of Arkansas, call Ken Kieklak, Attorney at Law, today. Our University or Arkansas car accident lawyer may be able to take your case and fight to get you the compensation you deserve from the at-fault driver and other responsible parties. For a free legal consultation on your case, call our law offices today at 479-251-7767.