The problem of distracted driving is the cause of many serious car accidents, both in Arkansas and the rest of the country. As carefully and defensively as you may drive, you cannot control the choices that others make, but you do bear the risks.
If you have suffered an injury from a distracted driver, you may be entitled to substantial financial compensation. The car accident attorneys at Denton & Zachary in Little Rock are standing by and ready to help you fight for the money that you deserve. Call us today to schedule a free initial consultation.
Distracted Driving Laws in Arkansas
Arkansas has very strict fines for using a handheld device behind the wheel. The following are prohibited:
- Using the internet
It does not matter how old the driver is. Arkansas police have the right to stop all drivers from using handheld devices. They can make a primary traffic stop, meaning that the driver does not need to be doing anything else other than using their handheld device for the officer to pull them over.
Unfortunately, there is only so much that officers can do to enforce the laws because there are tens of thousands of distracted driving crashes in Arkansas each year.
In addition, there are other types of distracted driving that are not necessarily illegal, but they are still dangerous. Officers cannot physically prevent each instance of distracted driving, so you and your loved ones are still at risk of the bad behavior of others.
The result can be a serious car accident because the other driver had not taken any evasive action or tried to reduce the severity of the crash before it happened.
Types of Distractions Behind the Wheel
Distracted driving is anything that can take one’s focus away from where it should be — on the road. Drivers should have both hands on the steering wheel and two eyes on the road. Anything less can dramatically raise the risk of an accident.
The smartphone has been a large cause of the recent spike in auto accidents. Drivers may be sending texts or checking social media. The result is the same — they will miss valuable time to deal with challenges around them on the road.
Here are other examples of distracted driving that raises the risk of a car accident:
- Engaging in focused conversation with someone else in the car that reduces the driver’s ability to concentrate
- Focusing on another task while driving, such as eating or personal grooming (which takes both attention and hands off the steering wheel)
- Listening to loud music that keeps the driver from concentrating fully
There is no one type of distracted driving that is more dangerous. All of them are equally risky and put other drivers on the road and their passengers at risk.
How Is Distracted Driving Proven?
You do not always have to specifically prove that the driver was doing something else behind the wheel at the time of the accident. What the driver did may speak for itself. For example, if the driver rear-ended you because they were texting while driving, the fact that they hit you from behind will be enough to make them negligent in the crash under longstanding car accident liability rules. The same thing goes if they end up in your lane in a head-on crash.
In close cases, it can help your legal position if you obtain evidence that the driver was distracted. First, you can locate witnesses who may have seen what the other driver was doing at the time of the accident. Getting your hands on the other driver’s phone records can prove that they were using their device at the time of the accident. Your attorney will need to subpoena these records through the court process.
Damages Available in Distracted Driving Accidents
In every car accident case, you have the legal right to be paid the full amount of damages that you suffered. Your car accident damages are not just limited to the money that has come out of your pocket. Injuries can take on multiple forms, and you can be paid for all of them, depending on your own individual experience.
Here are some of the available damages in a car accident claim:
- All costs related to your medical care
- Lost wages that you can have earned at work (including time missed for medical care and treatment)
- Pain and suffering to compensate you for the physical and emotional discomfort and issues that you have endured
- Loss of enjoyment of the life that you had before the accident
- Permanent scarring and disfigurement
A family can receive damages for their own loss when a loved one has died in an accident by filing a wrongful death lawsuit.
Contact a Little Rock Distracted Driving Car Accident Lawyer Today
Although you are legally entitled to financial compensation after a car accident that was someone else’s fault, the insurance company is determined to make the legal process as hard as humanly possible. You need someone to fight for you and your legal rights, and that is exactly what we do at Denton & Zachary.
To schedule a free consultation with one of our experienced lawyers, you can send us a message online or call us today at (501) 273-1695.
Car Accident Case FAQs
How do I know how much my car accident case is worth?
You will not usually know this information on your own, leaving you vulnerable to reaching a low settlement agreement. We know this information, and we will work for you to get the most money.
How can I prove fault in a car accident case?
Your lawyer will gather the necessary evidence that can show what the other driver did to cause the crash.
How long will my car accident case take?
It is hard to say because much depends on the insurance company and what they do.