Fayetteville Car Accident Lawyers

Car accidents can happen unexpectedly, leaving you with medical bills, rehabilitation costs, and other expenses. It can become overwhelming if you are unsure how to seek compensation to cover these costs.

At Osborne & Wilmoth Law Firm, our experienced Fayetteville car accident lawyers have helped many clients recover the compensation they deserve through a strong insurance claim or, when necessary, a personal injury lawsuit. If you are facing post-accident expenses, contact Osborne & Wilmoth, and we will guide you through the legal process.

What Are Common Causes of Car Accidents in Fayetteville?

In Fayetteville, distracted driving is a leading cause of accidents. Any activity that takes a driver’s attention off the road can result in an accident, with some distractions being more dangerous than others. For example, texting requires the driver’s hands, eyes, and mind, significantly increasing the risk of a crash. Eating, talking with passengers, or adjusting controls, though typically less severely, can divert attention.

Aggressive driving is another factor contributing to accidents. Speeding, tailgating, improper lane changes, and brake-checking can easily lead to collisions. Drivers who engage in these behaviors may be held liable for the financial consequences of an accident.

Despite the legal consequences, driving under the influence of drugs or alcohol remains a common cause of crashes. Even the most careful drivers can lose control of their vehicles in poor weather conditions, such as rain, further heightening the risk of accidents.

What Steps Should You Take After a Car Accident?

Your health and safety should be your priority following a car accident. Call 911 immediately to report the incident and seek medical attention, even if you do not feel seriously injured. Arkansas law requires drivers to report accidents that result in injury, death, or property damage over $1,000.

Getting a medical evaluation is crucial because some injuries, like concussions, may not show symptoms right away. This step ensures your safety and creates medical documentation that can be useful if you pursue compensation.

The police report generated from your 911 call is another important document that can help support your case. After ensuring the authorities and medical professionals are involved, exchange contact and insurance information with the other driver, take scene photos, and document any injuries. Record your recollection of the event and report the accident to your insurance company if possible.

How Do You Prove Fault in a Car Accident?

Securing compensation for your injuries requires more than proving the accident happened. Arkansas follows a modified comparative negligence rule, meaning your compensation could be reduced accordingly if you are found partially responsible for the accident. For example, if you are deemed 10% at fault, your final payout could be reduced by 10%.

To protect your claim, gather strong evidence, such as police reports, witness statements, traffic camera footage, and medical records. If needed, an experienced personal injury attorney can help bolster your case with expert witnesses and accident reconstruction specialists.

How Long Do You Have to File a Car Accident Claim in Arkansas?

In Arkansas, the statute of limitations for filing a car accident claim is typically three years from the accident date. This means you must file your lawsuit within this time frame, or you may lose your right to seek compensation. However, certain factors, such as claims involving government entities or minor plaintiffs, could alter this deadline.

It is essential to consult with a personal injury attorney as soon as possible after the accident to ensure that your claim is filed within the appropriate time limits. Delaying your claim could result in lost evidence or weakened witness testimony, negatively impacting your case.

What Compensation Can You Receive After a Car Accident?

Car accident victims can pursue two types of compensation: economic and non-economic damages. Economic damages cover specific financial losses, such as medical bills, rehabilitation costs, and lost wages. Non-economic damages compensate for intangible losses, including pain and suffering and a diminished quality of life.

In rare cases, the court may award punitive damages if the at-fault driver acted recklessly. These damages are intended to punish the driver and prevent similar behavior in the future.

What Happens if the Other Driver Is Uninsured or Underinsured?

If you are involved in an accident with a driver who lacks insurance or does not have enough coverage to fully compensate for your damages, you may still have options. Arkansas law requires drivers to carry uninsured/underinsured motorist (UM/UIM) coverage as part of their auto insurance policy unless they explicitly reject it in writing.

UM/UIM coverage can help cover your medical expenses, lost wages, and other costs if the at-fault driver cannot pay. If you have this coverage, your own insurance company will step in to compensate you for the damages up to the policy limits.

In cases where the at-fault driver is uninsured and you do not have UM/UIM coverage, you may need to pursue compensation directly through a personal injury lawsuit against the driver. However, this can be challenging if the driver lacks financial resources. Consulting with a car accident attorney can help you explore all available options.

Why Hire a Local Car Accident Lawyer?

You’ll likely deal with the at-fault driver’s insurance company when seeking compensation in Arkansas. These companies often attempt to offer low settlements, pressure you into accepting less than you deserve, or deny your claim. A skilled personal injury attorney can recognize these tactics and negotiate on your behalf.

Your attorney can take the case to court if the insurance company doesn’t offer fair compensation. Hiring a local lawyer familiar with Fayetteville’s roads, traffic patterns, and legal landscape can help you achieve the best outcome. Local attorneys have relationships with area judges and other legal professionals, which can be advantageous during negotiations or court proceedings.

Get On the Road to Recovery With the Fayetteville Car Accident Lawyers at Osborne & Wilmoth Law Firm

After a car accident, managing medical bills, insurance claims, and legal issues can feel overwhelming, but you do not have to handle it alone. The Fayetteville car accident lawyers at Osborne & Wilmoth Law Firm are here to collect evidence, negotiate with insurance companies, and represent you in court. Call 479-521-7727 or fill out our online contact form for a free consultation. Located in Fayetteville, Arkansas, we serve clients in the surrounding areas.