Rogers, AR Car Accident Lawyer
Many drivers have been involved in accidents. In most cases, the car suffers the most damage while the driver and passengers are shaken and might be bruised. However, in other crashes, victims are severely injured.
You have rights if you were injured in a car accident. Whether you settle with an insurance company or pursue a civil claim in court, you should have our experienced lawyers advocating for you. Maximizing your potential compensation usually depends on having aggressive legal counsel who understands the system. Many accident victims fail to realize they have a viable claim against another driver or party. After an accident, you should contact our office to discuss the details and determine your next course of action.
For a free case review with our car accident attorneys, contact us by calling (479) 316-0438.
Most Common Causes of Car Accidents in Rogers, AR
Unfortunately, car accidents are a common occurrence in Rogers and throughout Arkansas. In many cases, these accidents are the natural result of a chain of unfortunate events. However, there are times when the negligence or recklessness of another driver causes a crash. Our experienced Rogers car accident lawyers have handled many different types of automotive crash cases. The complexity of your personal injury case will depend on the circumstances surrounding your crash.
Accidents are likely to occur when someone is not paying attention to the road. Multi-tasking while behind the wheel is never a good idea, yet many people text, eat, or engage in another activity when they should be focused on driving. Distracted driving is one of the leading causes of accidents in Rogers. People who endanger and injure others should be held accountable for their actions.
Speeding or Reckless Driving
Reckless driving occurs when a motorist ignores traffic rules and regulations. This conduct puts themselves and others on the road at risk. Speeding is one of the most common violations. Additionally, speeding also increases the chances of serious injuries.
Driving Under the Influence
Anyone driving drunk or under the influence of drugs is driving with impaired physical and mental capabilities. Drunk drivers will make poor decisions that put others at risk. Their reaction time is also severely diminished, so ordinary traffic conditions become dangerous. Driving under the influence is not only negligent behavior – it is also illegal.
What to Do if You Are Involved in a Car Accident in Rogers, AR
A personal injury case begins the moments following an accident. The steps you take after a crash could greatly impact your chances of a successful court claim or a significant insurance settlement.
Assess Your Injuries
The first thing to do after an accident is to check on your injuries and see to your passengers’ health. If you or your passengers need medical attention, call 911. It is advisable to call the police whether you suffered an injury or not. Law enforcement will secure the accident site, ensure everyone receives the medical treatment they require, and gather information for an accident report.
Medical treatment is important for your health and a personal injury case. The rush of adrenaline or the type of injury you suffered could mean that the extent of harm is not obvious. Even if you believe you are OK, you should see your doctor within a day or two after an accident.
You need to get the contact and insurance information from any other driver involved in an accident. While this will be available in a police report, you should still collect this information. It will help our team to begin building a claim or start negotiations for a settlement.
To prove another person was negligent, you need evidence. For example, a police report or citation showing another motorist was driving under the influence could be critical evidence for determining fault. However, there is a substantial amount of evidence you could gather from the accident scene.
Photographs will show our accident investigators the position of any vehicles involved, along with the damage they sustained. This information will help determine what occurred. Pictures of the road conditions will also show if other factors contributed to the crash.
You should also collect the names and contact information of anyone who witnessed the accident. Impartial witnesses will often provide more credible testimony than those involved in the accident.
Contact Your Insurance
Every insurance policy has terms requiring policyholders to report an accident. While provisions might vary, an accident must be reported within a reasonable time. This period is typically defined as a day or two. Failing to report an accident could jeopardize your ability to file a claim.
You must answer your insurance provider’s questions regarding the accident. However, you should only report the facts and avoid opinions or speculation. Do not discuss your injuries. Insurance adjusters work for the company, and their job is to minimize liability. Do not let small talk or banter lower your guard. Furthermore, you are not required to talk with another driver’s insurance company. Any information they require could be obtained from the police report or their policyholder.
Elements that Must Be Proven to Win a Car Accident Lawsuit in Rogers, AR
Successfully navigating a car accident lawsuit in Rogers requires proving four distinct elements. Each element builds on the last, forming a chain that connects the defendant’s actions to your injuries. The following are the four factors that must be proven to win your claim in Rogers:
Duty of Care
Duty refers to a driver’s legal obligation to operate their vehicle in a reasonably safe manner. This involves obeying traffic laws, staying alert, and taking reasonable care to avoid harm to others on the road. Every motorist in Rogers has this duty when they get behind the wheel.
Breach of Duty
Once it is established that the defendant had a duty of care, the next step is to prove that they breached this duty. A breach of duty in a car accident case refers to any action or inaction by a driver that a reasonable person would not have done under similar circumstances.
This could include speeding, distracted driving, driving under the influence, or failing to yield. Evidence such as police reports, witness testimonies, or traffic surveillance footage can often be used to prove this breach of duty.
The Defendant Actually Caused Your Accident
After establishing that the defendant breached their duty of care, it must be demonstrated that this breach directly caused the accident and your injuries. This is often the most challenging element to prove in a car accident lawsuit.
You must show that were it not for the defendant’s negligent actions, the accident would not have occurred. Medical records, accident reconstruction reports, and expert testimonies are all instrumental in establishing causation.
You Sustained Real Damages
The final element to prove in a car accident lawsuit is damages. This refers to the actual losses you have suffered as a result of the accident. Damages can be both economic, such as medical expenses, lost wages, and property damage, and non-economic, like pain and suffering, emotional distress, and loss of enjoyment of life. To prove damages, you will need to present evidence such as medical bills, pay stubs, and personal testimony about how the accident has impacted your life.
Evidence Commonly Used to Prove Liability in a Rogers, AR Car Accident Lawsuit
After a car accident, establishing liability is necessary to secure compensation for damages. However, the burden of proof falls on you to present persuasive evidence that the other party was at fault. The evidence in your case will come from various places, but much of it will likely be in your possession. The following are common types of evidence used to prove fault in a lawsuit, so be sure to keep detailed records and save all documents relating to your accident:
After an accident, when law enforcement arrives at the scene, they take notes and prepare a comprehensive report that provides an in-depth analysis of the incident. This report includes the officer’s observations, statements from all the parties involved in the accident and witnesses, and occasionally, even the officer’s opinion on which party was responsible for the accident. The report is then prepared and made available for you to purchase, usually after a week or two.
Photographic and Video Evidence
Having photographic and video evidence from your accident can be extremely helpful in proving what happened. These visual aids can be captured by a variety of sources, including the parties involved in the accident, eyewitnesses, or even surveillance cameras located near the accident site.
By capturing important details such as the position of the vehicles, the condition of the road, any traffic signals in the area, and any damage to the vehicles involved in the accident, these visuals can play a crucial role in determining how the accident occurred and how the other party is at fault.
Eyewitnesses often provide valuable firsthand accounts that can support your version of events. Witnesses might include other drivers, pedestrians, or even residents who happened to witness the accident. By providing their testimony, they can shed light on important details such as the speed of the vehicles involved, the actions of the drivers before and after the accident, and the conditions when the accident occurred.
However, in some cases, it might be necessary to call upon experts to help determine who is liable for the accident. For instance, an accident reconstruction expert will use scientific methods to determine exactly how the accident occurred, while a medical expert can be called upon to provide testimony about the extent and cause of your injuries. Additionally, an automotive expert might be able to identify any vehicle defects if that was the cause of your accident.
Your medical records will also serve as the backbone of the evidence you present to the court. These records provide a comprehensive picture of your health status, including doctor’s notes, hospital bills, imaging studies, and therapy records. They showcase the type and severity of your injuries, the medical care you have and will likely continue to receive, and the effects of your injuries on your daily life.
In some cases, it might be necessary to demonstrate that the other driver violated Rogers’ traffic laws in order to prove fault. This can be particularly relevant in cases where the other driver was speeding, failed to yield, or ran a red light, as these actions can be strong evidence of negligence. To support this argument, traffic citations issued by law enforcement officers at the scene can serve as proof of these violations. In such cases, these citations can be used as evidence in court to further your claim.
Vehicle Damage Reports
Reports that outline the extent of the damage to your vehicle can also play a significant role in determining who is liable for the incident. It is usually important to have an auto mechanic or an accident reconstruction expert analyze the damage sustained by your vehicle. This analysis can help determine the force and direction of the impact, which is crucial in understanding how the accident occurred and, ultimately, who was at fault.
Contact Our Rogers, AR Car Accident Attorneys Today
Call us today at (479) 316-0438 to receive your free case assessment with our car accident lawyers.