Hot Springs OFFICE

Our office is located at 3949 Central Avenue, Suite F in Hot Springs, just a few blocks from the Walmart Supercenter and the Ouachita River. We know Hot Springs well and will be there whenever you need us most.

Rainwater Holt & Sexton Injury Lawyers
3948 Central Avenue
Suite F
Hot Springs, AR
(501) 525-9000

WE GET YOU RESULTS

4.9
1,100 Google Reviews

Our Auto Accident Case Results

$1.2 MIL

Head injury | Broken Bone Auto accident

$700,000

Brain & back injury Auto accident

$4.5 mil

wrongful death Auto accident

$350,000

Head & hearing loss injury Auto accident

NATIONALLY RESPECTED. LOCALLY TRUSTED.

What to Do After a Car Accident in Hot Springs

The moments following a car accident are crucial for both your physical well-being and any future legal claim. Here’s a comprehensive guide tailored specifically for accidents in Hot Springs:

Move to a safe location if possible, especially on busy tourist routes or highways. Call 911 immediately to report the accident and request medical assistance. Depending on the accident location, the Hot Springs Police Department or Garland County Sheriff’s Department will respond.

Even if you feel fine, get checked by medical professionals. Hot Springs has several quality healthcare options, including CHI St. Vincent Hot Springs and the National Park Medical Center.

Remember to tell your healthcare providers about all of your symptoms, no matter how minor they seem. Some injuries, particularly head trauma and soft tissue damage, may not be immediately apparent.

While waiting for the police, gather evidence if you’re physically able. Take photos of all vehicles involved, showing damage from multiple angles. Capture the overall accident scene, including road conditions and traffic signs. Document any visible injuries and note weather and visibility conditions, which is particularly important on the mountainous roads around Hot Springs.

Collect important details from other involved parties, including names, contact information, addresses, driver’s license numbers, license plate numbers, and insurance company names and policy numbers. Also, jot down the contact information and any statements from witnesses to the accident.

If tourists are involved (which is common in Hot Springs), be sure to get their permanent address and contact information, not just where they’re staying locally.

Hot Springs Police or Garland County Sheriff’s deputies will create an official accident report. Get the report number and the officer’s name. This document will be crucial for your personal injury claim, especially if the other driver is from out of town or out of state.

Report the accident to your insurer, but stick to basic facts. Don’t provide recorded statements without legal advice, as Arkansas’s comparative fault laws mean your statements could impact your compensation.

Before accepting any settlement offers or giving detailed statements, consult with a local attorney who understands the nuances of Hot Springs accidents and has experience in the area. At Rainwater, Holt & Sexton, we offer free consultations to evaluate your case and protect your rights.

Your Rights After a Hot Springs
Car Accident

Understanding your legal rights is essential for protecting yourself after an accident in Hot Springs. Here’s what you need to know:

Arkansas Insurance Requirements

All Arkansas drivers must carry minimum liability insurance:

  • $25,000 for bodily injury per person
  • $50,000 for total bodily injury per accident
  • $25,000 for property damage

However, these minimums often fall short of covering serious accident expenses, especially if you’ve suffered severe injuries or your car was totaled.

Statute of Limitations

In Arkansas, you generally have three years from the date of the accident to file a personal injury lawsuit.

It’s best to file as soon as you can because that will give your attorney more time to build a strong case using the available evidence and witness statements — both of which can be lost or accidentally destroyed as time passes.

Comparative Fault in Arkansas

Arkansas follows a “modified comparative fault” system with a 50% bar rule. This means:

  • You can recover damages as long as you’re less than 50% responsible for the accident
  • Your compensation will be reduced by your percentage of fault
  • If you’re found to be 50% or more at fault, you cannot recover compensation

This makes proper evidence collection and case building crucial, particularly in complex Hot Springs accidents involving multiple vehicles or tourist drivers unfamiliar with local roads.

Rights Against Insurance Companies

You have the right to receive fair compensation for all injuries and damages. You can refuse to give recorded statements to the other driver’s insurance and decline early settlement offers that don’t cover your full damages.

You also have the right to legal representation throughout the claims process.

Rights if Injured by an Uninsured Driver

Unfortunately, not all drivers on Hot Springs roads maintain proper insurance. If you’re hit by an uninsured or underinsured motorist, you still have options.

You can file a claim under your own uninsured motorist coverage, pursue a personal injury lawsuit against the at-fault driver, or explore other potential sources of compensation.

Common Causes of Car Accidents in Hot Springs

Hot Springs’ unique geography and status as a tourist destination create distinct accident patterns that our local attorneys are familiar with.

As a popular vacation destination, Hot Springs sees many out-of-town drivers unfamiliar with local roads. This leads to distracted driving, with tourists looking at their GPS or nearby attractions or making sudden stops to view scenery or landmarks. Many tourists drive rental vehicles they aren’t accustomed to operating, further increasing accident risks.

Hot Springs’ mountainous terrain and road design contribute to accidents in significant ways. The area features winding mountain roads with blind curves and steep grades on highways entering and leaving the city. Seasonal weather variations, including heavy rainfall, create slick conditions that challenge even experienced drivers. Bridge crossings over Lake Hamilton and Lake Catherine and the narrow historic streets in downtown Hot Springs present additional hazards.

Some local areas see higher accident rates than others. The intersection of Central Avenue and Grand Avenue is particularly notorious, as is Highway 70 West near the airport. Other dangerous areas include the Albert Pike and Higdon Ferry intersection, Gulpha Gorge Road within Hot Springs National Park, and the Highway 7 corridor, especially during tourist season.

Hot Springs experiences seasonal fluctuations that affect driving risks throughout the year. Summer tourist influx significantly increases traffic volume, while motorcycle events bring hundreds of riders to local roads. If these factors were involved in your collision, you’ll want a local lawyer who knows how they can impact your case.

Beyond the local factors, standard accident causes remain prevalent in the Hot Springs area. Distracted driving, especially cell phone use, continues to be a major issue. Impaired driving after visiting local entertainment venues, speeding on straightaways after navigating winding roads, aggressive driving during high-traffic periods, and failure to adjust to changing weather conditions all contribute to the accident rate.

Our local knowledge of these specific risk factors helps us investigate accidents more effectively and build stronger cases for our Hot Springs clients.

Types of Compensation Available for Hot Springs Accident Victims

If you’ve been injured in a Hot Springs car accident, you’re likely entitled to compensation. Under Arkansas law, this compensation falls into three buckets: economic, non-economic, and punitive.

Economic Damages

These compensate for tangible financial losses:

Medical Expenses

  • Emergency treatment
  • Hospital stays and surgeries
  • Medications and medical equipment
  • Physical therapy and rehabilitation
  • Future medical needs related to your injuries

Lost Income and Earning Capacity

  • Wages lost while recovering
  • Reduced earning ability due to injuries
  • Lost employment benefits
  • Vocational rehabilitation if you cannot return to your previous occupation
  • Impact on business operations if you’re self-employed

Property Damage

  • Vehicle repair or replacement costs
  • Personal property damaged in the accident
  • Rental car expenses while your vehicle is being repaired
  • Diminished value of your vehicle even after repairs

Non-Economic Damages

These compensate for intangible losses that don’t have specific dollar amounts:

Pain and Suffering

  • Physical pain from injuries
  • Emotional and psychological distress
  • Anxiety, depression, or PTSD following the accident
  • Loss of enjoyment of life and normal activities

Loss of Consortium

  • Impact on your relationship with your spouse
  • Changes in family dynamics
  • Loss of companionship and support

Punitive Damages

In cases involving extreme negligence or intentional misconduct, punitive damages may be awarded to punish the wrongdoer and deter similar behavior. These are rare but may apply in cases involving drunk drivers or extremely reckless behavior on Hot Springs roads.

Factors Affecting Compensation in Hot Springs Cases

The average car accident settlement in Arkansas can vary widely, depending on how severe your collision was and how much it impacted your life (in light of the types of damages listed above).

Local factors can also influence compensation amounts: things like witness availability, whether the driver was a resident or from out of state, what medical costs might be specifically in Hot Springs, and how the Garland County jury views your case (should it go to trial).

At Rainwater, Holt & Sexton, we consider all these factors when valuing your claim, ensuring we seek fair compensation that truly reflects your losses.

Common Injuries and Long Term Effects of a Car Accident

Auto accidents in Hot Springs can cause minor or catastrophic injuries, depending on the nature of your collision. Here are some of the injuries we most commonly see.

Soft Tissue Injuries

  • Whiplash, particularly common in rear-end collisions on busy tourist routes
  • Sprains and strains affecting mobility
  • Contusions and deep tissue bruising
  • Muscle tears requiring physical therapy

Bone and Joint Injuries

  • Fractures ranging from simple to compound
  • Dislocations requiring medical intervention
  • Knee and shoulder damage affecting work capacity
  • Hip injuries that may require joint replacement

Head and Brain Injuries

  • Concussions from impact forces
  • Traumatic brain injuries (TBIs) with potential long-term effects
  • Facial lacerations and fractures
  • Dental injuries requiring specialist care

Spinal Cord Injuries

  • Herniated discs requiring ongoing treatment
  • Nerve damage causing chronic pain
  • Paralysis in severe cases
  • Spinal fractures necessitating surgical intervention

Psychological Injuries

  • PTSD following traumatic accidents
  • Anxiety while driving, particularly on roads similar to the accident location
  • Depression during lengthy recovery periods
  • Sleep disturbances affecting quality of life

Having attorneys familiar with local medical providers ensures your legal team can effectively coordinate with your healthcare providers for documentation needed in your case.

Injured in an auto accident? Call us.

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Dealing with Insurance Companies After an Accident

After a Hot Springs car accident, dealing with insurance companies can be challenging, especially when tourists or out-of-state drivers are involved. This is what you should know:

Common Insurance Company Tactics

Insurers use various strategies to minimize payouts. They might offer you a quick settlement before you understand the full extent of your injuries, or delay your claim and hope you’ll accept a lowball offer out of frustration.

Insurance companies are also known to dispute the medical necessity of your treatment or question the severity of your injuries. Another common tactic used to undermine your claim involves requesting a recorded statement to help them find inconsistencies in your account, or leveraging any social media posts you make to contradict your injury claims.

For these reasons, we recommend that you don’t post on social media about your claim and only offer a statement to insurance after contacting a trusted personal injury lawyer.

How to Protect Your Interests

To safeguard your right to fair compensation:

  1. Avoid giving recorded statements without legal representation
  2. Don’t accept initial settlement offers
  3. Document all communication with insurance companies
  4. Follow medical advice precisely and attend all appointments
  5. Refrain from discussing your accident on social media
  6. Maintain records of all accident-related expenses

Special Considerations for Hot Springs Accidents

Local accidents often involve:

  • Out-of-state insurance companies unfamiliar with Arkansas laws
  • Rental car coverage issues for tourist drivers
  • Multiple coverage sources when commercial vehicles are involved
  • Seasonal variations in insurance adjuster responses due to claim volume

How an Attorney Helps

A Hot Springs car accident attorney from Rainwater, Holt & Sexton can:

  • Handle all insurance communication on your behalf
  • Evaluate settlement offers against your actual damages
  • Negotiate effectively using knowledge of local case values
  • Present compelling evidence to counter liability disputes
  • Take your case to court if a fair settlement cannot be reached

Frequently Asked Questions

What should I do immediately after a car accident in Hot Springs?
First, ensure everyone’s safety and call 911. Document the scene by taking photos and gathering witness information if possible. Seek medical attention even if you feel fine, as some injuries may not be immediately apparent. Then contact a Hot Springs car accident attorney before speaking with insurance companies.

How long do I have to file a car accident claim in Arkansas?
Arkansas has a three-year statute of limitations for most motor vehicle accident claims. It’s best to consult with an attorney as soon as possible to ensure all deadlines are met.

What if the accident involved an out-of-state tourist?
Accidents involving tourists can complicate claims, as they may have out-of-state insurance and will return home shortly after the accident. Our attorneys understand how to handle these situations, including securing proper jurisdiction, managing out-of-state insurance claims, and obtaining testimony when witnesses are no longer in the area.

How much is my Hot Springs car accident case worth?
Every case is unique, with value determined by factors including injury severity, medical expenses, lost wages, property damage, and pain and suffering. During your free consultation, we can provide a more specific evaluation based on your particular circumstances.

Will I have to go to court for my accident case?
While most car crash cases settle without trial, we prepare every case as if it will go to court. This thorough approach often leads to better settlement offers. If a fair settlement cannot be reached, our experienced litigation team is fully prepared to advocate for you in court.

What if I was partially at fault for the accident?
Arkansas follows the modified comparative fault rule with a 50% threshold. This means you can recover damages as long as you’re less than 50% responsible, though your compensation will be reduced by your percentage of fault. Our attorneys work to minimize any fault attributed to you while maximizing your recovery.

How do I pay for medical bills while waiting for my case to resolve?
Several options exist for managing medical expenses during your case. Your health insurance may cover initial treatment. Med-pay coverage on your auto policy can help with immediate medical costs. Our attorneys can also work with medical providers to accept liens, allowing them to defer payment until your case settles.

Why Choose a Hot Springs Car Accident Attorney?


Having local legal representation offers significant advantages for your case.

Our Hot Springs car accident attorneys bring critical local insights, including familiarity with accident-prone areas and an understanding of how Garland County juries view different types of cases. We regularly handle unique local scenarios—from tourist-involved accidents to collisions on scenic mountain highways with complex liability factors.

Our established connections with local law enforcement, medical professionals, and accident reconstruction experts allow us to build stronger cases for our clients. This local knowledge, combined with our client-centered approach, ensures you receive the personalized attention your situation deserves.

We’re here to help.

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