Little Rock Drunk Driving Accident Victim Lawyers
If you’re injured in a drunk driving accident in Little Rock, a knowledgeable Arkansas DUI accident attorney can help you navigate the aftermath of the crash and receive fair compensation.
Arkansas DUI laws are strict, with penalties including fines, license suspension, and potential jail time. For first-time offenders, the legal blood alcohol concentration (BAC) limit is 0.08%, with harsher penalties for repeat offenders or those with higher BAC levels.
For decades, the injury lawyers at Rainwater, Holt & Sexton have successfully represented victims of Arkansas drunk driving accidents. After a drunk driving accident, our attorneys are committed to holding irresponsible drunk drivers accountable for their actions under Arkansas law.
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- Drunk Driving Accidents in Little Rock
- Do I Have a Case?
- What To Do After Being Hit by a Drunk Driver
- Who is Responsible for Your Little Rock Drunk Driving Accident?
- What About Other Parties?
- Drunk Driver Statistics in Arkansas and Little Rock
- How Much Compensation Am I Entitled To?
- Why Hire an Attorney
- Why Choose Rainwater, Holt & Sexton?
- Contact Us
Drunk Driving Accidents in Little Rock
Drunk driving accidents often result in severe consequences for both the impaired drivers and innocent victims. In fact:
- Recent research ranked Arkansas among the top 10 states for alcohol-impaired driving fatalities per capita.
- Studies show that 34% of deadly car crashes in Arkansas are alcohol-related.
Arkansas law defines legal intoxication as having a blood alcohol concentration (BAC) of 0.08% or higher. However, it’s crucial to note that drivers can still be charged with DWI (Driving While Intoxicated) even if their BAC is below this threshold, if law enforcement determines they are too impaired to operate a vehicle safely.
Little Rock enforces a strict zero-tolerance policy for underage drinking and driving. Individuals under 21 with a BAC of 0.02% or higher face DUI charges, reflecting the city’s commitment to preventing alcohol-related accidents among young drivers.
Of course, the impact of drunk driving accidents in Little Rock extends far beyond the immediate crash site. These incidents often result in multi-vehicle collisions, property damage, and injuries to pedestrians or cyclists. They occur across all neighborhoods, from residential areas to busy downtown streets and at various times of day.
Arkansas law includes a five-year “lookback period” for DUI offenses. This means repeat offenders face significantly harsher penalties if caught driving under the influence again within five years of their first offense. This provision aims to deter repeat offenses and enhance public safety.
Do I Have a Case?
After a drunk driving crash in Little Rock or elsewhere in Arkansas, most victims have grounds for a lawsuit against the impaired driver, even if they bear some responsibility for the collision. Arkansas follows a “modified comparative fault” rule, which means you can seek damages if you’re found to be less than 50% at fault for the accident.
If you’re unsure whether you have a case, it’s crucial to consult with an experienced Little Rock DWI accident victim lawyer promptly. At Rainwater, Holt & Sexton, we can examine the specifics of your accident and assess your eligibility to file a claim or lawsuit.
Arkansas law takes a firm stance against drunk driving. If the other driver was intoxicated and caused you harm, you likely have a strong case. Factors that may strengthen your position include:
- The driver’s Blood Alcohol Concentration (BAC) at the time of the accident
- Any field sobriety test results
- Eyewitness accounts of the driver’s behavior
- Evidence of property damage or injuries sustained
Remember, Arkansas has a statute of limitations for personal injury cases, typically three years from the date of the accident. It’s essential to act quickly to preserve your rights and gather critical evidence.
Every case is unique, and the circumstances surrounding your accident will determine the strength of your claim. Our injury legal team can provide a thorough evaluation of your case. We’re committed to helping Little Rock residents and Arkansans across the state seek justice and compensation after drunk driving accidents.
Who is Responsible for Your Little Rock Drunk Driving Accident?
After a drunk driving accident in Little Rock, you may wonder who is ultimately responsible for the crash and your resulting injuries. An experienced Arkansas drunk driving attorney at RHS can help establish liability and guide you through seeking compensation.
The most apparent responsible party is typically the impaired driver. By operating a vehicle while intoxicated, they’ve violated Arkansas law and put others at risk. This violation often forms the foundation of legal accountability.
However, since Arkansas follows the “modified comparative fault” rule, the court assigns a percentage of fault to each party involved in the accident. You can still recover damages if you’re found to be less than 50% responsible for the collision. The amount you’re eligible to receive will be reduced by your percentage of fault.
What About Other Parties?
In drunk driving cases, the intoxicated driver is often assigned a significant portion of the blame. But other factors could influence the distribution of fault, such as:
- Road conditions
- Vehicle malfunctions
- Actions of other drivers or pedestrians
- Potential negligence of establishments that served alcohol to the driver
It’s worth noting that Arkansas has “dram shop” laws, which can hold bars or restaurants liable if they served alcohol to a visibly intoxicated person who then caused an accident. Under Arkansas Code § 16-126-104, establishments that sell or serve alcohol can be held liable for injuries caused by their intoxicated patrons. This applies in two key scenarios:
- When alcohol is served to a clearly intoxicated person
- When alcohol is provided to a minor under 21 years of age
You may have access to additional insurance policies or assets by including these establishments in your claim. This can be crucial if the drunk driver’s insurance coverage is insufficient to fully compensate you for your injuries and losses.
Your Little Rock drunk driving accident attorney will thoroughly investigate the circumstances of your case to identify all potentially responsible parties. This comprehensive approach ensures that you have the best chance of receiving fair compensation for your injuries and losses.
Drunk Driver Statistics in Arkansas and Little Rock
Drunk driving remains a significant concern in Arkansas at large and the capital city, Little Rock. Recent data from the Arkansas State Police and the National Highway Traffic Safety Administration (NHTSA) paint a sobering picture of the problem’s scope.
In a recent year, approximately 34% of all traffic fatalities in Arkansas were alcohol-related.
This translates to more than 100 lives lost annually due to impaired driving in the state. Moreover, it’s estimated that for every arrest made for driving under the influence (DUI), there are hundreds of impaired driving incidents that go undetected.
Arkansas ranks 13th in the country for drunk driving.
Pulaski County, where Little Rock is located, consistently ranks among the top counties in Arkansas for DUI arrests and alcohol-related crashes. According to one study, 30% of fatalities in Pulaski County involved a drunk driver. The county’s higher population density and concentration of nightlife venues contribute to this troubling statistic.
Little Rock, as the state’s most populous city, bears a disproportionate burden of these incidents.
The Little Rock Police Department reports that DUI arrests make up a significant portion of their annual arrests, highlighting the ongoing challenge faced by law enforcement in curbing this dangerous behavior.
Injured in an Accident with a Drunk Driver?
How Much Compensation Am I Entitled To?
If you’ve been injured by an intoxicated driver in Little Rock, you may be entitled to various forms of compensation. Arkansas law recognizes two primary categories of damages in these cases: economic and non-economic damages.
Economic damages are quantifiable losses that can be verified through documentation. These include:
- Medical expenses
- Rehabilitation costs
- Ongoing treatment expenses
- Lost wages
- Diminished earning capacity
- Property damage
Non-economic damages are more subjective and may include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Mental anguish
- Loss of consortium (or loss of the benefits of an intimate or familial relationship, such as companionship and intimacy)
In certain cases, Arkansas law allows for the pursuit of punitive damages. Unlike compensatory damages, these are meant to penalize the drunk driver for their reckless behavior and deter similar actions in the community. However, Arkansas law places limits on punitive damages in most situations.
The total compensation you might receive depends on several factors:
- The severity and long-term impact of your injuries
- Your degree of fault in the accident (if any)
- The vehicles involved (e.g. truck, motorcycle, or car accident)
- The drunk driver’s level of intoxication
- The strength of evidence in your case
Arkansas follows a “modified comparative fault” rule, which means your compensation could be reduced if you’re found partially responsible for the accident. Additionally, there are time limits (statutes of limitations) for filing drunk driving accident claims in Arkansas.
Given the complexities of Arkansas drunk driving laws and the potential for legislative changes, you should hire an experienced Little Rock personal injury attorney at Rainwater, Holt & Sexton after your crash. They can provide a detailed assessment of your case, explain your rights, and work to maximize your compensation.
Remember, every drunk driving accident case in Little Rock is unique. Your specific circumstances will determine the types and amounts of compensation you may be eligible to receive. Don’t hesitate to seek legal guidance to ensure your rights are fully protected and you receive the compensation that can help in your recovery.
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