- Last Updated: November 12, 2024
Attorney Sean T. Keith has been a injury lawyer for 30+ years, a nationally recognized Top 100 Trial Lawyer, and top car accident lawyer & motor vehicle accident lawyer in Arkansas.
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This article has been written and reviewed for legal accuracy and clarity by the team of writers and attorneys at NWA Car Accident Attorney and is as accurate as possible. This content should not be taken as legal advice from an attorney. If you would like to learn more about our owner and experienced injury lawyer, Sean T. Keith, you can do so here.
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NWA Car Accident Attorney does everything possible to make sure the information in this article is up to date and accurate. If you need specific legal advice about your case, contact us. This article should not be taken as advice from an attorney.
Sean Keith's Accollades & Practice Areas He Specializes In
- Over $13 Million recovered in Car Accident Lawsuits and other Motor Vehicle Accident Lawsuits.
- Over $100 Million recovered in total on behalf of clients.
- Sean T. Keith represents clients in motor vehicle accidents such as car accidents, motorcycle accidents, truck accidents, uber accidents, distracted driving accidents, drunk driving accidents, fatigued driver accidents, hit and run accidents, reckless driving accidents, uninsured motorist accidents, and more.
The #1 Rogers Drunk Driving Accident Lawyer
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.
Table of Contents
What Should You Do After a Drunk Driving Accident?
If you’ve been involved in a drunk driving accident, there are a few steps you should take immediately after the accident occurs:
- Do not leave the scene of the car accident.
- Call 911 immediately to alert authorities and receive medical attention.
- Follow any instructions given to you by the police.
- Do not admit fault at any point.
- Collect evidence at the scene of the car accident, including pictures, videos, contact information for witnesses and authorities, receipt of the accident report created by the responding police officer, and any other relevant information.
- Track all costs associated with the accident, including medical bills and vehicle repair costs.
- Contact a drunk driving accident lawyer for a consultation.
Hiring a DUI Accident Lawyer and Filing a Claim
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.
Evidence in a Drunk Driving Accident Lawsuit
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:
- Photos and videos of the accident or scene of accident
- Medical records
- The official police report from the accident
- Repair bills
- Witness
- Insurance company information
- Any other relevant evidence
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.
Damages in a Drunk Driving Accident Case: What Can You Recover Compensation For?
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:
- Medical expenses
- Lost wages or lost earning ability
- Property damage
- Loss of quality of life, loss of consortium, and other non-monetary losses.
- Pain and suffering
- Emotional distress
- Punitive damages
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.
How Long Do I Have to File a DUI Accident Claim in Civil Court?
The statute of limitations in Arkansas states that you have three years from the date of an accident to file a claim.
What is Considered Drunk Driving in Arkansas?
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 in Arkansas
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.
Contact the NWA DUI Accident Attorneys for a Free Case Evaluation
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.
Frequently Asked Questions
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Who Can Be Held Responsible for Drunk Driving Accidents in Arkansas?
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.
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How Can A Lawyer Help Me with My Drunk Driving Accident?
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:
- Obtaining records from the police to determine that the other driver was drunk beyond the stipulated levels, and this caused the accident.
- Gathering evidence that you previously collected from the accident scene such as statements from witnesses, medical reports, and images of the scene.
- Investigating the root cause of the accident, using the evidence and facts to determine how it happened and why.
- Negotiating with the insurance company on your behalf to see if they can settle on a favorable out of court agreement.
- Taking the matter to litigation and representing you in a court of law if they cannot reach a favorable agreement.
- Pursuing punitive damages in addition to other compensation.
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What If I Was Partly to Blame for An Accident With A Drunk Driver?
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.
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