Arkansas Injury Lawyer Blog

A recent article in the New York Times was disappointing. The story outlined problems with Courts getting enough people to show up for jury duty and the resistance to people wanting to serve on jury duty. This problem has a negative impact on people who suffer a personal injury or car accident in Arkansas. Jurors must be reminded that the Seventh Amendment to the Constitution states:

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

The article points out that angry jurors are a concern for plaintiffs in civil suits because the plaintiff brought the suit and is more likely to be blamed by the jurors for any inconvenience that jury duty caused them. I often remind jurors about their civic duty and thank them for their service. The right to a jury trial should always be cherished.

Jurors are paid a small daily stipend in Arkansas. It may be time to pay them more in accordance with the value of their civic duty. Although most personal injury lawsuits and car accident claims settle before trial, it is necessary to prepare and have the option of trial to keep insurance companies honest. The jury system is used to offer justice to victims of personal injury and negligence claims in Arkansas. If you or a family member has suffered an injury in a car accident, motorcycle accident, truck accident, or other type of personal injury, please contact an Arkansas personal injury attorney to make sure you receive fair compensation for your injuries.

An accident on Lake Hamilton two years ago led to a new Arkansas law that sets the minimum age of 16 for a solo operator of a personal watercraft in Arkansas. The Arkansas Game and Fish Commission provides a good summary of the changes:

To operate any motorboat powered by an engine of 10 horsepower or more (including a personal watercraft):

A person under 12 years of age:
o Must satisfy the boating education requirement, and
o If operating a motorboat, must be under the direct visible and audible supervision of a parent, guardian or person over 17 years old.
o If operating a PWC, must have a person at least 21 on board and in a position to take immediate control of the PWC. That person must hold a boating education card if he or she was born after 1985.
A person 12 - 15 years of age:
o Must satisfy the boating education requirement, and
o If operating a PWC, must have a person at least 18 on board the PWC. That person must hold a boating education card if he or she was born after 1985.
A person 16 years of age or older must satisfy the boating education requirement if born after 1985..

Furthermore, it is illegal for the owner or person in control of a motorboat to allow someone who does not meet the age or boating education requirements to operate the vessel.

These Arkansas boating laws are meant to reduce personal injuries associated with boat and personal watercraft accidents in Arkansas. The law also makes the insurance company of the parents or other responsible parties potentially liable for the operation of the boat or personal watercraft. If you have been injured in an Arkansas boat accident or Arkansas personal watercraft accident, please contact the Pfeifer Law Firm to make sure your rights are protected.

Arkansas boating accidents and fatalities are up this year. There have been 21 reported boating accidents. Further, there have been six deaths because of Arkansas boat accidents. At this same time last year Arkansas had 12 accidents with four fatalities. In 2008 there were 86 reported boat accidents with 14 fatalities, 44 personal injuries and estimated property damage of almost $280,000.

It is important to pay close attention to your surroundings and always keep a proper lookout while boating on Arkansas lakes and rivers. Arkansas boat law mandates that any individual born on or after Jan. 1, 1986, must complete a boater education course before they may operate any powerboat or personal watercraft. However, the course is open to boaters of all ages and educates individuals on water regulations and safety.

The Arkansas Game and Fish Commission makes it easy for boaters to complete the Boating Education course. Individuals may take the course at home through a DVD, online or through a class. If you or a family member suffers a injury in a boat accident please contact an Arkansas personal injury lawyer as soon as possible so a full and accurate investigation of the accident can take place.

Arkansas is the only state without a trauma center to deal with people who suffer a personal injury. Currently, the Arkansas Legislature is debating a plan to institute a trauma system. Unfortunately, a similar plan was defeated in 2007. Hopefully, this will not happen again.

According to government statistics, 15,000 people are hospitalized with injuries in Arkansas. Of those, 2,000 people die from their personal injuries and 6,000 suffer permanent disabilities each year. Arkansas has the third highest death rate in the country from motor vehicle accidents. According to the U.S. Centers for Disease Control and Prevention, there are 25 deaths per 100,00 people annually in the state compared to a national average of 15.2 per 100,000.

It is time that the Arkansas Legislature act and develop a trauma system to help people who suffer a personal injury in Arkansas. State health officials state publicly that a trauma system would prevent an estimated 2,000 disabilities and save 200-600 lives of Arkansans who don't get appropriate care fast enough.

In my personal injury law firm, I have seen clients transferred from one hospital to the next to get to a hospital that can handle their injuries. I also have clients that were forced to travel hundreds of miles to get appropriate medical treatment for their personal injuries. In the proposed trauma-system bill, hospitals and emergency rooms would be linked statewide ensuring that the trauma patients are taken from the accident scene directly to the closest facility that is best able to treat the specific injuries. This will save valuable time in the treatment of personal injuries.

A boating accident involving an aluminum Jon boat and a fiberglass Master Craft ski boat occurred around 8:30 p.m. on the White River in Independence County. Although no one was killed, this incident reminds all Arkansas boaters that boating safety should not be ignored. According to the Batesville Daily Guard, in an article titled Collision Sinks Boat, Operator Arrested the driver of the ski boat was arrested on suspicion of boating while intoxicated and several of his passengers had to be rescued from the water due to them not wearing life jackets.

For many Arkansas residents, spending time on the water in the summer is a yearly ritual. We need to remember that boating safety is the top priority so people do not get injured. Injuries caused by negligent boat operators are often serious and may involve issues requiring the assistance of a personal injury attorney.