Were you injured in a car accident caused by a speeding or aggressive driver? If so, don't hesitate to contact an experienced Little Rock car accident attorney
at Pfeifer Law Firm right away for help.
Speeding and aggressive driving are two of the most common causes of car accidents. In fact, the National Highway Traffic Safety Administration
(NHTSA) reports that speeding was a contributing factor in 26 percent of all traffic fatalities across the country in 2017. In addition to resulting in more accidents, speeding and aggressive driving also tend to exacerbate the severity of car accident injuries. This is another reason why these driving behaviors are so dangerous.
and his team at the Pfeifer Law Firm are committed to helping the victims of Arkansas speeding and aggressive driving accidents. Attorney Pfeifer is a Little Rock native, and he’s licensed to practice law in every state and federal court in Arkansas, as well as the U.S. 8th Circuit Court of Appeals. His track record of results has also earned him an AV Preeminent
rating from Martindale-Hubbell, which is the highest rating an attorney can receive.
The best time to get started on your car accident claim is as early as possible. Call our office today at 501-374-4440 or visit our contact page
for a free consultation.
What Is Aggressive Driving?
Arkansas law defines aggressive driving as driving in a way that indicates a “wanton disregard” for the safety of people and property.
Essentially, aggressive driving is when a driver behaves in such a way that their actions put other people at risk. This includes other drivers as well as pedestrians, bicyclists, construction workers, and others who could be injured by the driver’s reckless actions.
Some common examples of aggressive driving include:
- Failing to signal when turning or changing lanes
- Following too closely behind another vehicle (tailgating)
- Running a red light
- Failing to stop at a stop sign, yield sign, or other traffic signal
- Making sudden lane changes
- Driving illegally on the sidewalk or shoulder
- Passing in a no-passing zone
- Suddenly slamming on the brakes when it’s not necessary
What Compensation Am I Owed Under Arkansas Law?
Under Arkansas law, the victims of speeding and aggressive driving accidents are entitled to pursue many different categories of compensation for their injuries. This includes things like:
- The cost of your past and future medical bills related to the accident
- The wages you lost while recovering from the accident
- Your reduced ability to work due to your injuries (if applicable)
- The physical pain and suffering you’ve endured due to your injuries
- Any mental or emotional pain you’ve suffered due to the accident
- Any scarring or disfigurement that resulted from the accident
Arkansas is an at-fault state when it comes to car accidents, which means you’re allowed to file a lawsuit against the party responsible for causing your accident. However, the relative fault of each party in causing the accident is an important factor when it comes to determining how much compensation you could receive.
This is because Arkansas uses a legal doctrine called “comparative negligence” to determine fault in these sorts of cases. Basically, comparative negligence means that any compensation in a car accident case is portioned out according to the percentage of fault for everyone involved in the accident.
The easiest way to explain this is to use a practical example. Suppose you’re making a left turn and a speeding driver runs a red light and crashes into you in a T-bone collision. You were making a protected turn while the left-turn arrow was active, so the other driver will bear the majority of the fault for the accident.
However, you did not use your turn signal while making the turn, so the judge – hypothetically speaking – finds that you are 10 percent responsible for the accident. If you sued the other driver for $50,000, your compensation would be reduced by 10 percent, or $5,000. In this example, you would receive $45,000 in compensation.
How Much Time Do I Have to File a Lawsuit?
Arkansas’ statute of limitations on civil claims sets the time limit for filing a lawsuit after a car accident. This law states that you have three years from the date of the accident to file a lawsuit. However, it’s vital to get started on your case sooner rather than later. Crucial evidence could be lost, cleaned up, or destroyed in the days and weeks following a crash. Your attorney will need to investigate the crash, secure all of the relevant evidence, and begin building your injury claim as soon as possible.
It's also important to note that the majority of injury claims settle out of court. In most instances, your attorney will negotiate with the other party's insurance company and will work to reach a settlement that accounts for all of the financial losses you've incurred and will incur in the future. It takes time to negotiate a fair settlement. If the other side refuses to do what's right and fully compensate you, your lawyer will recommend that you file a lawsuit.
Because this process can take some time, it's better to act quickly. Failure to file a lawsuit (if necessary) before the statute of limitations runs out could result in the court refusing to hear your case.
What to Do After an Accident?
Here’s what you need to do after an accident to protect yourself and your injury claim:
- Follow your doctor’s treatment plan exactly as ordered. If you don’t, you run the risk of having your compensation reduced because the other side will argue your injuries were exacerbated due to your unwillingness to follow your doctor’s instructions.
- Hold on to all medical records and receipts, as well as pay stubs and other evidence. These documents are crucial to establishing the value of your economic losses after an accident and maximizing the value of your claim.
- Start a journal to keep track of your daily pain. You may not want to focus on the pain you’re in after an accident, but a written record helps illustrate how these injuries have impacted your daily life. This evidence is key to recovering compensation for your pain and suffering. Keeping a journal will allow you to document key details of your pain, suffering, and recovery process. Details are important and could make a difference in the outcome of your case.
- Stay off of social media. Don’t post about or share any pictures of the accident. It may seem harmless, but remember that things you post could be misconstrued. The other side will likely be looking for evidence that you were at fault for the crash, or that you aren't as injured as you claim, and social media posts could jeopardize your claim.
How Can Pfeifer Law Firm Help?
If you’ve been injured in a car accident, let the Pfeifer Law Firm handle all of the legal legwork for you while you focus on your recovery. With more than two decades of experience in personal injury law, Paul Pfeifer is prepared to handle your case with skill and compassion. He has secured multimillion dollar settlements and verdicts on behalf of clients in Little Rock and across Arkansas and is prepared to put his experience to work for you.
Our firm represents injury clients on a contingency-fee-basis. You won't owe us anything until we collect compensation on your behalf. Schedule a free consultation today by calling 501-374-4440, filling out a contact form, or chatting with us live online. We are ready to listen and ready to get to work for you.