Drunk driving is a leading cause of serious injuries and fatalities on American roadways.
According to the Centers for Disease Control and Prevention (CDC), an average of 29 people die every day in drunk driving accidents.
If you or a loved one have been injured in a drunk driving accident at no fault of their own, you may be eligible to file a claim for the damages incurred.
Contact the NWA Car Accident Attorneys for your auto accident claim.
We have decades of experience securing compensation for victims of car accidents, and we’ll fight hard for the relief you deserve.
Reach out to our auto accident legal team for a free consultation, or use the chatbot on this page to see if you qualify for a drunk driving accident claim instantly.
If you’ve been involved in a drunk driving accident, there are a few steps you should take immediately after the accident occurs:
As a victim, being involved in a drunk driving accident is incredibly traumatic.
A drunk driver often has little regard for other vehicles on the road – crashes are often violent and can result in severe injuries and death.
Drunk driving accidents typically result in criminal charges.
Our attorneys, who specialize in personal injury cases, will file a claim against the driver (and his insurance company) in civil court.
These cases, unlike in criminal court, can result in significant settlements awarded to victims that cover damages and costs associated with the drunk driving accident.
It’s in a victim’s best interest to seek the help of an experienced attorney when it comes to legal action for a drunk driving accident.
Victims have certain legal rights to file suit against negligent drivers under Arkansas law.
Contact a DUI accident lawyer and have them help you figure the best course of action.
DUI accident lawyers will help guide victims in their claim, and will request certain evidence the victims have or secure that evidence themselves.
Evidence in drunk driving accident lawsuits may include:
Car accident claims involving a drunk driver rely on solid evidence, so it’s important that you begin to collect evidence soon after the car crash and preserve it for use by your attorney.
The costs incurred by a car accident can be significant, and too often victims are left to deal with their costs on their own or deal with the insurance company of the other driver.
A DUI accident lawyer can help determine your financial losses, build a strong case, and hold any liable parties responsible for their actions.
Damages refer to the total amount of losses, economic or non-economic, as the result of an accident.
Damages in a drunk driving accident case may include:
If a drunk driving accident results in the tragic death of a loved one, you may be eligible to file a wrongful death lawsuit on their behalf.
Our accident lawyers handle wrongful death cases as well, and we are free to discuss your legal options regarding a wrongful death claim.
The statute of limitations in Arkansas states that you have three years from the date of an accident to file a claim.
Drunk driving in Arkansas is determined by the blood alcohol content of the driver.
In Arkansas, drivers of private vehicles are considered to be drunk if their blood alcohol level is above .08 percent.
Commercial drivers (semi-trucks, company vehicles, etc.) are considered to be drunk when their blood alcohol level is above .04 percent.
Dependent on certain factors, first time offenders could face up to one year of prison time as well as fines between $150-$1000.
Repeat offenders can face more prison time, fines and community service penalties.
Arkansas’s Ignition Interlock Law is meant to keep those convicted of drunk driving from offending again.
If a person is put onto the ignition lock program, an electronic device with a breathalyzer is connected to their vehicle’s ignition system.
The device prevents a person from starting the vehicle if their breath alcohol content is above a set amount.
Drunk driving accidents are still all too common in Arkansas, despite efforts across the state advocating against driving under the influence.
According to the Foundation for Advancing Alcohol Responsibility (Responsibility.org), Arkansas totaled 128 alcohol-impaired driving fatalities in 2019, representing over a quarter of all traffic fatalities that year.
Further, the percentage of drivers whose BAC was above .15% accounted for almost 75% of the DUI fatalities.
If you’ve suffered injuries as a result of the reckless behavior of a drunk driver, you may be eligible to file a claim.
Even if a drunk driver has faced criminal charges for their negligence, they can still be named in civil court.
A DUI Accident Attorney from our law firm can help you secure compensation for your injuries and damages.
Our law firm works on a contingency fee basis – meaning there are no legal fees unless your case wins.
The law in Arkansas states that the driver should be the first one assessed for blame in the event of a drunk driving accident.
However, the contributory negligence clause also assigns responsibility to the other motorists even if they were not drunk.
In some cases, the blame goes beyond the people involved in the accident.
Dram shop laws state that one is liable for providing a minor with alcohol.
For instance, if you serve alcohol at a gathering with minors, and they cause an accident, you could be held liable for the damages.
A drunk driving accident claim is not straightforward, as you need to prove that the other driver was intoxicated and acted negligently.
Your lawyer will take over the whole process by doing the following:
When assigning blame in a drunk driving accident, the jury uses a contributory negligence basis.
This means that both parties will be given a certain percentage of responsibility based on the evidence presented.
If you were partially at fault and got assigned a specific percentage, that amount will be deducted from the total compensation amount.
You won’t be eligible for any compensation if your share of the blame is more than 50 percent.