Arkansas Injury Lawyer Blog

A multiple vehicle accident slowed down traffic on I-40 westbound near Brinkley. The accident occurred at mile marker 207 between Brinkley and Little Rock. According to the Arkansas Highway and Transportation Department, traffic is being diverted at exit 221 westbound and exit 202 eastbound. According to news reports, Medflight transported some passengers to a local hospital.

Interstate accidents in Arkansas continue to pose a major health risk to Arkansas families. It is important that we all remain vigilant and use caution when traveling on the Arkansas interstate system. Arkansas Accident attorney at the Pfeifer Law Firm handle cases involving injuries and damage in car and truck accidents. If you or a loved one would like to speak with an Arkansas car accident lawyer, please contact the Pfeifer Law Firm.

I just read a report of a recent study that found women to be better drivers than men. According to the study, some 80 percent of all fatal and serious car crashes are caused by male drivers. The car accident study found that women are 27 percent less likely than men to cause auto accidents. In 2007, statistics reveal men were involved in 6.1 million car accidents while women were involved in 4.4 million. Further, male drivers out number females 3 to 1 for DUI violations. According to the new report, traffic violations are higher for male drivers in almost every single category from reckless driving, failure to yield, seat belt violations, or speeding.

Women have been telling us men that they are better drivers. Now it seems that they can point to some proof. I will start to keep a non scientific list of at-fault drivers for Arkansas car accident cases that we handle. It will be interesting to see if the car and truck accident cases handled by an Arkansas personal injury lawyer will follow this same ratio....

Please contact an Arkansas car accident attorney if you or a loved one has suffered from a car crash in Arkansas. It is important that legal advice concerning the auto accident be given as early as possible.

According to the National Transportation Safety Board states should ban all driver use of cell phones and other portable electronic devices. The recommendation applies to both hands free and hand held phones and significantly exceeds any existing state laws restricting texting and cellphone use behind the wheel.

The recommendation came in connection with a deadly highway pileup accident in Missouri last year. The board found that the traffic collision was caused by the inattention of a driver who sent or received 11 texts in the 11 minutes immediately before the crash. The pickup driver and a 15-year-old student on one of the school buses were killed. Thirty-eight other people were injured in the Aug. 5, 2010, accident near Gray Summit, Mo.

The board previously recommended bans on texting and cell phone use by commercial truck and bus drivers. According to a study, at any given moment nearly 1 in every 100 car drivers is texting, emailing, surfing the Web or otherwise using a handheld electronic device. Arkansas has passed a statute limiting cell phone use. Please see a previous blog post outlining the new law. Arkansas traffic accident injuries caused from cell phone use is avoidable and drivers should use good judgment and not be tempted to use their cell phones while driving.

If you or a loved one has been injured in a traffic accident, please contact an Arkansas accident lawyer to discuss your legal rights.

A national insurance company has ranked Little Rock, Arkansas 119 out of the top 200 biggest cities in the report. According to the report, Little has gotten worse over the last few years. From my experience as a Little Rock accident lawyer, most accidents are caused from inattention and various distractions. Serious accidents caused from cell phone use continues to rise even even with recent Arkansas laws concerning texting while driving.

If you or a family member has suffered an injury in car accident please contact an Arkansas accident lawyer as soon as possible to fully protect your legal rights.

The Arkansas State Police are reporting that a serious accident occurred on Interstate 30 near Prescott, Arkansas. Four people were killed, and four people are being treated for serious injuries as the result a wreck on Interstate 30.

A white Dodge Durango SUV was headed east on Interstate 30 when the driver veered into the center median and over-corrected and overturned. Three people in the vehicle were pronounced dead at the scene, but one person died later as a result of injuries at a Hot Springs, Arkansas Hospital. Additional people were severally injured and are being treated at local hospitals according to the report.

One vehicle accidents are often severe and result in serious injury or death. Many times we focus on two car accidents, however, on car accidents are just as serious and require consultation with a accident lawyer. Multiple types of insurance coverages could be triggered in this type of car accident. Therefore, it is important to contact an attorney to determine what the legal implications are because of a one vehicle crash. If you or a loved one would like to speak with an Arkansas injury car accident lawyer, please contact the Pfeifer Law Firm for a free consultation.

Cellphones and other electronic devices cause up to 25 percent of U.S. car crashes, according to a recent report. The study was released by the Governors Highway Safety Association.

The study stated that drivers are distracted up to half the time and that crashes caused by distractions can cause a fatal injury. The study indicated that texting causes more distraction that cellphone use.

Thirty U.S. states and the District of Columbia have law prohibiting the use of all cellphones by novice drivers and 41 states and Washington, D.C. had prohibited texting by novice drivers. Thirty four states and the District of Columbia have enacted texting bans for all drivers.

In my experience as an Arkansas car accident lawyer, incidences of personal injury caused by cellphones is common. These car accidents can and should be avoided. If you would like to speak with an Arkansas injury lawyer please contact the Pfeifer Law Firm.

An Arkansas state trooper struck a plea bargain this week over the death of a motorist killed in a Mississippi County crash. According to the black box records, the police car was traveling in excess of 100 miles per hour without emergency lights or sirens.

The Arkansas trooper entered a no contest plea to a Class A misdemeanor, negligent homicide. Sentencing was suspended for a year and he could appear a year from now and have his record expunged.

This fatal Arkansas traffic accident shows how useful the computerized black boxes can be in accident investigations. Most cars have black boxes that record information that can be used in claims and lawsuits involving injury or death in auto collisions and crashes. It is important that an injured car accident victim or their family contact a personal injury lawyer to help determine if this information needs to be preserved in their personal injury claim or lawsuit. If you or a loved one has any questions concerning a car, truck or auto accident, please contact an Arkansas accident attorney at the Pfeifer Law Firm to discuss your rights.

A hit-and-run accident on U.S. Highway 62 East near Henderson sent three people to the hospital according to an Arkansas State Police press release. The injured driver was struck in the rear by another vehicle traveling in the same direction.The impact caused the Ford Mustang to leave the roadway and overturn. The vehicle which struck the Mustang then left the scene of the collision. The driver and two passengers were transported to Baxter Regional Medical Center.

Hopefully, the police find the driver and the vehicle that was at fault in this wreck. However, many times the Hit and Run driver can't be located and the injured victims are left wondering how their medical bills will be paid and how they may be reimbursed for lost time from work. Hopefully, this victim carried uninsured motorist coverage to handle this Hit and Run accident. It is important that all Arkansas drivers carry uninsured and under-insured insurance coverage on their cars. This insurance coverage will "kick in" when the other driver can't be located or who does not carry adequate insurance coverage to fully take care of the injuries and damages that were caused by the accident.

If you or a loved on has any questions about possible insurance coverage it is important that you contact and Arkansas personal injury lawyer as soon as possible to make sure your rights are fully protected.

A Memphis man was killed after police say he hit a car head-on going the wrong way on the interstate. This Arkansas auto accident happened on Interstate 40 in Crittenden County, Arkansas.

This car accident follows a recent report that found several recent auto and truck accidents on I 55 in Arkansas were cause by driver fatigue. The area around the Interstate 40 interchange with Interstate 55 has been cursed by many serious accidents. It is very important that all drivers drive cautiously on Arkansas Interstates. If you or a family member would like to speak with an Arkansas accident lawyer, please contact accident lawyer Paul Pfeifer at 501-374-4440.

One of the most common questions that I get from clients is "How do I get my medical bills paid after an accident?" After an Arkansas car accident, there are several ways to make sure medical bills are paid. First, health insurance should pay the medical bills while the claim of the accident victim is ongoing. However, if the car accident victim does not have health insurance a claim can be filed on their automobile insurance company for medical benefits coverage. Arkansas law mandates that:

Every automobile liability insurance policy covering any private passenger motor vehicle issued or delivered in this state shall provide minimum medical and hospital benefits, income disability, and accidental death benefits, under policy provisions and on forms approved by the Insurance Commissioner, to the named insured and members of his or her family residing in the same household injured in a motor vehicle accident, to passengers injured while occupying the insured motor vehicle, and to persons other than those occupying another vehicle struck by the insured motor vehicle, without regard to fault, as follows:

(1) Medical and Hospital Benefits. All reasonable and necessary expenses for medical, hospital, nursing, dental, surgical, ambulance, funeral expenses, and prosthetic services incurred within twenty-four (24) months after the automobile accident, up to an aggregate of five thousand dollars ($5,000) per person and may include any nonmedical remedial care and treatment rendered in accordance with a recognized religious method of healing. Expenses for hospital room charges may be limited to semiprivate accommodations

This insurance can also be used to reimburse a car accident victim for any out of pocket bills that they incurred. Most people involved in Arkansas car accidents do not understand how this insurance coverage works and they are never provided an explanation from an insurance company. If you or a family member has suffered a car accident, please contact a Little Rock Arkansas car accident attorney to discuss how your bills can be paid and how your rights can be protected.

Drunk drivers cause approximately one-third of all traffic fatalities in the United States.

If you are behind the wheel and you have been drinking, you are more dangerous than a man with a gun shooting into a crowd of people. The man with the gun has made his presence of danger known and people can attempt to take cover. If you're driving down the road while intoxicated, the innocent people driving around you have no idea you're drunk behind the wheel and coming right at them.

Here are some facts about alcohol:

- Alcohol remains in your system for up to six hours.

- Alcohol is responsible for an estimated 75% of fatal car crashes occurring between 12 a.m. and 3 a.m.

- A driver is considered to be legally intoxicated in Arkansas when his or her blood alcohol content (BAC) level is at or above .08 grams per deciliter.

- To reach a BAC level of .08, a man weighing approximately 170 pounds would need to consume four standard drinks in one hour on an empty stomach. A woman weighing about 140 pounds would need to consume three drinks in one hour.

- In 2007, alcohol-impaired driving caused the deaths of nearly 13,000 Americans.

- On average, someone in the U.S. is killed by a drunk driver every 40 minutes.

- An estimated 3 in every 10 Americans at some point in their lives will be involved in an alcohol-related collision.

- A BAC level as low as .02 can affect a person’s response time and makes driving more dangerous. The probability of having a wreck increases significantly with a BAC level of .05, and even more rapidly after with a BAC level of .08.

- A driver with a BAC of .08 is 11 times more likely to be in a fatal accident than a driver who has consumed no alcohol.

- In 2007, more than half of drivers driving while intoxicated and involved in fatal crashes had a BAC level of .15, nearly twice the legal limit.

- Drivers are far more likely to be driving while intoxicated or under the influence during the night than during the day. A study done in 2007 showed that 36% of drivers involved in nighttime fatal crashes were legally drunk versus just 9% during daytime collisions.

- Motorcycle drivers are at higher risk of being involved in a fatal drunk driving accident, with 27% of such accidents in 2007 involving at least one drunk motorcycle operator.

- A crash involving alcohol is more than twice as likely to occur on a weekend day than a week day. Approximately 31% of drivers involved in fatal car crashes on the weekend are legally drunk, as opposed to just 15% during the week.

- According to the National Highway Traffic Safety Administration (NHSTA), beer is the most common type of alcoholic beverage involved in both DUI arrests and fatal crashes.

- Males are almost twice as likely as females to drink and drive and to be involved in a fatal car crash.

- According to a recent study, a first-time offender of driving while intoxicated has already driven while under the influence more than 80 times before being arrested.

- DUI means driving under the influence of some type drug. DWI means simply driving while intoxicated, and in many states, refers to the use of alcohol.

- A recent study has shown that using a cell phone while driving can be just as dangerous as driving while drunk, causing drivers to run traffic lights and a decreased reaction time to driving conditions.

My wife's aunt was killed by a drunk driver in Little Rock, Arkansas. She was on her way home from work one evening when a drunk driver crossed the center line and hit her head on. Her precious life was cut short because of someone else's decision to take a drink and get behind the wheel. Her family's lives are changed forever.

If you or a family member has been involved in an accident caused by a drunk driver, please contact a Little Rock Arkansas accident lawyer today to discuss your legal rights.

Winter conditions can make travel along Arkansas roads dangerous. The Arkansas Highway Department recommends that motorists stay off Arkansas roads during ice and snow storms. However, sometimes that is not an option for some people. The following winter driving tips were listed on the Department's website:

Wear your seat belt, and make sure all passengers—including children—are buckled up.

Remember that ice forms first on bridges, overpasses and shady areas. If you hit a patch of ice, stay off your brakes and decelerate slowly, holding the car steady as you go over the ice.

Speed is the main problem with driving on ice. Adjust your speed to fit the weather conditions. Keep a safe distance from the car in front of you.

If your car goes into a skid, take your foot off the gas pedal but don’t hit the brake. Steer gently in the direction you want the front of the car to go. As the car straightens out, you will be able to regain traction and control.

Check your car battery before cold weather sets in. Battery power dips in cold weather.

Keep blankets, a first-aid kit, flares, jumper cables, tire chains, a flashlight, ice scraper and gloves in your car. Take a food supply of candy bars or dried fruit in case you become stranded.

Keep the gasoline level as high as possible to prevent water condensation in the tank.

Check the automobile’s motor oil, transmission fluid, ignition system, lights, heater, cooling system and wipers

Arkansas motorists must also be aware that we must follow Arkansas traffic laws during winter weather. It is not an excuse for a driver to blame bad road conditions for running a stop sign, red light, or violating any other traffic law. In Arkansas, violations of Arkansas traffic laws can be used as evidence of negligence in a lawsuit or insurance claim. If you or a family member has been injured due to the negligence of another driver, please contact a Little Rock Arkansas accident lawyer today to discuss your legal rights.

Blood tests from the Arkansas Crime Laboratory led to an arrest of an Alma, Arkansas man involved in a fatal car accident. He was arrested on suspicion of negligent homicide, first-degree criminal mischief, and second-degree battery.

Blood samples were taken from the negligent driver. The test results showed that the driver of the vehicle had marijuana and Xanax in his system at the time of the accident.

Most people associate driving under the influence with alcohol. However, this accident is a vivid reminder that altering drugs can, and often do, lead to serious car and truck accidents. I recently handled a case where an elderly woman and her grandchildren were struck head-on by a car driven by a man that had taken narcotic prescription medication earlier in the day. The investigation showed that his intoxication at the time of the wreck led to his inattention and carelessness. Fortunately my client was not killed, but she was seriously injured and required an air lift to an Arkansas hospital. Although she was able to receive a monetary settlement, she will suffer a lifetime of pain, suffering, and disability. Please be careful and do not take medicine or other drugs that could alter your ability to drive. If you need to speak with an attorney regarding a car or truck accident, please contact the Pfeifer Law Firm today.

A recent Arkansas Supreme Court case will help victims of Arkansas car accidents. In State Farm Insurance Company vs. Stamps, the Arkansas Supreme Court affirmed a lower court decision upholding the award of statutory damages of 12% and attorney fees against State Farm Insurance Company. The Court found that these amounts were justified based upon Arkansas Code Annotated 23-79-208 because State Farm refused to settle with an accident victim after demand was made under their underinsured policy.

Arkansas law states that if an injured victim makes a settlement demand on their insurance company that is refused and they are awarded damages within 20% of the demanded amount, 12% damages and attorney fees will be awarded by the Court. This law is meant to punish insurance companies when they delay payment of a meritorious claim.

The Pfeifer Law Firm routinely handles insurance claims for injured accident victims in Arkansas. If you or a family member has been injured in an accident and would like to speak with an Arkansas accident lawyer, please contact us today.

A serious car accident occurred on I-540 in Arkansas. According to published reports the Arkansas State Police spent more than an hour cleaning up four separate auto accidents involving 16 cars on the I-540 bridge over the Arkansas River near Fort Smith.

The car accident happened when cars began to slow down due to the rainy weather conditions. It appears that the cars behind were following too close and started a chain of rear-end collisions.

This Arkansas car accident acts as a reminder that drivers need to stay a safe distance behind forward vehicles. My Arkansas personal injury law firm handles car accident cases that all too often involve rear-end collisions. The problem with drivers following too close and driving too fast for road conditions is very common on Arkansas highways. Injuries from car accidents cause great hardship to the victims and their families. If you have any questions concerning an Arkansas car accident, please contact the Pfeifer Law Firm, an experienced Arkansas car accident law firm.

Texting while driving is as dangerous as driving while drunk. A new law began in Arkansas that bans texting while driving. Act 181 of 2009, also known as Paul’s Law was passed to make Arkansas roads safer.

Paul’s Law bans drivers of all ages from sending text messages while driving, except in emergencies. This Arkansas motor vehicle law was named after Paul Davidson of Jonesboro, Arkansas who was killed in an accident with a vehicle whose driver admitted he was sending a text message.
Another new driving law, Act 197 of 2009, bans the use of cell phones by drivers under age 18, except in emergencies. This Arkansas law prohibits anyone age 18-20 from using a cell phone while driving unless the person is using a hands free device or in an emergency.

As texting has become more popular, accidents blamed on texting has increased dramatically. Recent studies have shown that 26% of people text while driving. Studies suggest that the danger of texting while driving exceeds the danger of simply talking on your cell phone. A recent National Highway Traffic Safety Administration study estimates that 515,000 people were injured in traffic accident due to a distracted driver. According to Arkansas State Police, at least 787 crashes in Arkansas in 2008 involved drivers who were distracted by electronic communication devices.

If you or a family member has suffered a personal injury in an Arkansas accident, please contact an Arkansas car accident lawyer to discuss your legal rights. The Pfeifer Law firm provides free initial consultations for Arkansas car accident injury victims.

A recent study by the National Highway Traffic Safety Administration found that more Americans die on country roads than on more congested city roads. In 2008, 56% of the 37,261 traffic deaths occurred on rural roads. About 23% of the population lives in rural areas.

The comparison is even greater regarding Arkansas traffic accidents. Seventy-four percent of car accident and truck accident deaths were on county or rural roads in Arkansas. Although Arkansas is a rural state, I was surprised by the statistic concerning Arkansas vehicle accident fatalities. From experience representing victims of Arkansas car accidents, I find that people usually drive faster on rural Arkansas roads than the conditions allow. Another possible reason for fatalities in rural areas is the slower delivery of acute medical care for injuries from the accident.

If you or a family member has suffered injuries from an accident, please contact an experienced Arkansas personal injury lawyer. It is important to know your rights and make sure that your damages are fully compensated.

Little Rock, Arkansas has been ranked in the top ten most accident prone cities. According to an article in a popular health magazine, Little Rock ranked fifth in the number of accidents that occur each year. This finding appears to be based upon statistics from the Bureau of Labor, Centers for Disease Control and Prevention and the American Medical Association.

As someone who deals with Arkansas accident victims, this finding is quite troubling. Arkansas accident injuries include car accident injury, on the job injury, slip and fall injury, motorcycle accident injury, truck accident injury, dog bite injury, medical injury, and nursing home abuse injury. Arkansas personal injury victims have a right to have their medical bills paid, lost wages paid, pain and suffering fairly compensated and be fully compensated for their damages.

If you or a family member has suffered a personal injury in Arkansas, please contact an experienced Arkansas personal injury lawyer to make sure your injuries are fully and fairly compensated.

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.

New laws are now in effect that the Arkansas legislature hope will reduce Arkansas traffic accident and personal injuries. A simplified

For drivers under 18:

-No using cell phones while driving.
-Only one minor may be in the vehicle with you unless they are siblings or live with in the same house.
-Driving between 11:00 p.m. and 4:00 a.m. is prohibited, unless driving to or from a school, work or church related activity.

For drivers age 18-21:

-Talking on a cell phone is allowed if a hands-free device is used.

For drivers over 21:

-Using a cell phone to talk is unrestricted.

The laws setting these new restrictions say the first offense will result in a warning, with a possible fine after that.

Arkansas car accidents and truck accidents often occur because drivers are inattentive and careless. These laws are designed to limit traffic accidents caused by teenagers. It is important that teenagers and their parents understand these new laws and the reason for their passage.

Arkansas car accidents take a heavy toll on families and any law designed to lessen the frequency of traffic accidents is important. In the last few years, my law practice has represented many people who were the victim of inattention caused by cell phone use while driving. I work hard making sure victims of Arkansas car accidents receive full compensation for their injuries. If you or a family member has been involved in an Arkansas car accident, please contact an aggressive and experienced Arkansas personal injury lawyer to discuss your legal rights.

Sixty Arkansas hospitals have applied to receive funding for trauma care that will come from a tobacco tax. As our previous post regarding the Arkansas Trauma system points out, the system is designed to save the lives of Arkansas accident victims. The following is a list of hospitals that have applied to date:

LEVEL 1

Arkansas Children's Hospital, Little Rock
Le Bonheur Children's Medical Center, Memphis, Tenn.
Regional Medical Center, Memphis, Tenn.
St. John's Hospital, Springfield, Mo.
UAMS Medical Center, Little Rock

LEVEL 2

Baptist Health Medical Center, Little Rock
Conway Regional Medical Center, Conway
Jefferson Regional Medical Center, Pine Bluff
St. Joseph's Mercy Health Center, Hot Springs
St. Vincent Infirmary, Little Rock
Saline Memorial Hospital, Benton
Sparks Regional Medical Center, Fort Smith

LEVEL 3

Arkansas Methodist Medical Center, Paragould
Ashley County Medical Center, Crossett
Baptist Health Medical Center, Arkadelphia
Baptist Health Medical Center, Heber Springs
Baptist Health Medical Center, North Little Rock
Baptist Health Medical Center, Stuttgart
Baxter Regional Medical Center, Mountain Home
Christus St. Michael Health System, Texarkana, Texas
Johnson Regional Medical Center, Clarksville
Mercy Medical Center, Rogers
North Arkansas Regional Medical Center, Harrison
North Metro Medical Center, Jacksonville
St. Bernards Medical Center, Jonesboro
St. Edward Mercy Medical Center, Fort Smith
St. John's Hospital, Berryville
St. Mary's Regional Medical Center, Russellville
White County Medical Center, Searcy
White River Medical Center, Batesville

LEVEL 4

Arkansas Heart Hospital, Little Rock
Bradley County Medical Center, Warren
Chicot Memorial Hospital, Lake Village
Community Medical Center of Izard County, Calico Rock
Crittenden Regional Hospital, West Memphis
DeQueen Medical Center, DeQueen
Desha County Hospital, McGehee
Dewitt Hospital, Dewitt
Drew Memorial Hospital, Monticello
Five Rivers Medical Center, Pocahontas
Forrest City Medical Center, Forrest City
Fulton County Hospital, Salem
Helena Regional Medical Center, Helena-West Helena
Hot Spring County Medical Center, Malvern
Howard Memorial Hospital, Nashville
John Ed Chambers Memorial Hospital, Danville
Lawrence Memorial Hospital, Walnut Ridge
Little River Memorial Hospital, Ashdown
Mena Regional Health System, Mena
Mercy Hospital Turner Memorial, Ozark
Mercy Hospital, Waldron
NEA Baptist Memorial Hospital, Jonesboro
North Logan Mercy Hospital, Paris
Ouachita County Medical Center, Camden
Ozark Health Medical Center, Clinton
Physician's Specialty Hospital, Fayetteville
Piggot Community Hospital, Piggott
Pike County Memorial Hospital, Murfreesboro
River Valley Medical Center, Dardanelle
St. Anthony's Medical Center, Morrilton
St. Vincent - North, Sherwood
Stone County Medical Center, Mountain View

The new Arkansas Trauma system should save lives of Arkansas personal injury victims and decrease the delay in treatment of catastrophic injuries from car accidents, motorcycle accidents, workplace accidents, train accidents, and other types of personal injuries. If you or a loved one has been the unfortunate victim of an accident in Arkansas, please contact an experienced Arkansas injury lawyer to discuss your legal rights so you can receive compensation for pain and suffering, medical bills, and lost wages.

The Arkansas Supreme Court declared a portion of the 2003 tort reform law unconstitutional. The Arkansas Court found that the law violates the Arkansas Constitution separation of powers clause.

The Arkansas Justices decided questions over the provisions regarding the negligence or fault of non-parties when considering liability and regarding evidence of damages for the costs of necessary medical care, treatment, or services.

This is a very important decision for Arkansans who suffer a personal injury. This change will stop the negligent party from escaping liability by blaming a non-party for the personal injury. The decision also allows an personal injury victim to recover the full amount of damages in a Arkansas personal injury lawsuit. The case will help Arkansas accident victims receive reasonable personal injury settlements. If you or a family member has suffered a personal injury please contact an experienced Arkansas personal injury lawyer as soon as possible to make sure your rights are protected.

The Arkansas Legislature passed a bill in 2009 that would amend current law and requires law enforcers to conduct testing for the presence of drugs and alcohol in drivers who were involved in fatal or potentially fatal car accidents.

Act 423 requires that law enforcers subject a driver involved in an accident “in which death has occurred or is likely to occur” to a “chemical test of the blood, breath or urine”. The results of the test may be used for prosecution purposes and are to be conducted regardless of whether the surviving driver appears to be under the influence of intoxicating or illegal substances or not. A test will also need to be conducted regardless of whether the suspected erring driver is critically injured or not.

Unfortunately, driving under the influence of drugs or alcohol leads to very serious car accidents. If you or a loved one has been injured in a car accident or truck accident involving alcohol or drugs it is important to contact an experienced Arkansas personal injury lawyer to discuss your rights.

A recent study by the Benton, Arkansas police is being used to make the roads safer. According to an article published by the Benton Courier, police are using accident reports to focus on high traffic accident areas to determine the causes.

According to the study, areas of Military Road from Carpenter Street to Northshore Drive have the most number of accidents. The main contributing factors were failure to yield (12 of the collisions), following too closely (nine of the collisions), careless driving (six of the collisions), not stopping at a red light (four of the collisions), driving too fast (two of the collisions) and improper lane changes (two of the collisions). The other area with high car accident rates include parts of Alcoa road in Benton Arkansas.

This is a proactive approach to reducing car accidents in Arkansas. People should be aware of the areas that produce a high percentage of car accidents so that they can avoid suffering an injury or property damage from a car or truck accident. If you would like to speak with an Arkansas car accident lawyer, please contact me today.

A recent news story reported that three people died in three separate accidents on Interstate 40 in Arkansas. Car and truck accidents on I-40 and I-30 in Arkansas are often tragic. The news report indicates that the car accidents happened in or near construction zones. Under Arkansas law, it is imperative that drivers slow down and follow all construction warnings to avoid accidents.

If you or a family member has suffered a personal injury in a car accident or truck accident, please contact an Arkansas accident lawyer to discuss your legal rights.

The National Highway Traffic Safety Administration recorded over 37,000 fatal traffic accidents in 2008. According to government statistics, fatal accidents are the lowest they've been since 1961. The government also says seat belt use continues to rise in most states. In Arkansas, 70 percent of motorists wear their seat belt compared to just over 50 percent in 2001.

A recent Arkansas car accident occurred in Northeast Arkansas in which the injured divers and passenger were not wearing a seat belt. Although it is advisable to always wear a seat belt, a common question asked by many clients is whether the failure to wear a seat belt will limit their recovery in an Arkansas car accident claim. The answer is no. Arkansas law says that the fact that someone was not wearing a seat belt is not admissible at trial. Therefore, a negligent driver can not argue to a jury that the personal injury from the car accident was more serious because the injured person was not wearing a seat belt.

If you or a family member have been injured in an Arkansas car accident I urge you to contact an experienced car accident lawyer in Arkansas to discuss you legal rights.

Approximately one in six drivers across the United States may be driving uninsured by 2010. This unfortunate prediction was published in a recent study from Insurance Research Council. According to the report the percentage of uninsured motorists decreased nationally, from 14.9 percent in 2003 to 13.8 percent in 2007. However,the recent economic downturn is expected to trigger a rise in the uninsured motorist rate.

The extent of the uninsured motorists problem varied by state. In 2007, the five states with the highest uninsured driver estimates were New Mexico (29 percent), Mississippi (28 percent), Alabama (26 percent), Oklahoma (24 percent), and Florida (23 percent). The five states with the lowest uninsured driver estimates were Massachusetts (1 percent), Maine (4 percent), North Dakota (5 percent), New York (5 percent), and Vermont (6 percent).

Arkansas uninsured drivers totaled 15 percent. Although Arkansas was not the worst, the number of uninsured drivers shows how important it is to have adequate uninsured motorist coverage. Arkansas law mandates that insurance companies offer at least $25,000.00 in uninsured coverage. Any denial of uninsured or under-insured coverage MUST BE IN WRITING.

Unfortunately, I have seen first hand the problems associated with uninsured drivers. Due to the high cost of medical care, it is imperative that all Arkansas motorist be fully insured with medical payments coverage, disability coverage and uninsured motorist coverage. In fact, I tell my clients to have as much coverage as they can afford. Oftentimes, injuries from car accidents greatly exceed the insurance limits of the negligent driver. In these situations, a person injured in a car accident can make a claim on their insurance company to be fully compensated for their injuries. If you or a family member has been injured in a car accident, please contact an experienced Arkansas car accident lawyer to fully understand your rights after the car accident.

A bill was signed into law by Gov. Mike Beebe creating an Arkansas trauma system. The bill is meant to speed up how quickly trauma patients in Arkansas get the medical care they need. This is a huge victory for people who suffer a personal injury in a car accident, work accident, or other catastrophic injury. It is expected to save many lives and prevent people from becoming permanently disabled from an injury.

Hospitals will be designated as Level I-IV trauma centers. Level 1 trauma centers will provide the highest level of care and be able to care for the most seriously injured. The level IV centers will be designed to provide initial care and stabilize the injured patient. It is hoped this trauma system can be organized in the next year or two. As an Arkansas personal injury attorney who handles car accident, and other injury cases, I am hopeful that it will be in place soon.

According to new statistics from the Centers for Disease Control, Arkansas is the third most dangerous state for driving. The average annual motor vehicle-related death rate was highest in Mississippi (31.9 per 100,000 population), followed by Wyoming (27.7), Arkansas (25.6), Montana (25.6), and Alabama (25.1). The study also found that men are twice as likely to be killed in an auto accident than women. According to the Community Guide of the Centers for Disease Control, motor vehicle related injuries kill more children and young adults than any other single cause in the United States and are the leading cause of death from injury for people of all ages.

The CDC claims proper use of lap and shoulder belts can reduce the chance of death in a traffic accident by 45 percent, and the likelihood of serious injury by 50 percent. In my practice, I have seen numerous times when a seat-belt saved a life. I have also reviewed cases where seat-belt and airbag malfunctions proved catastrophic. Car accident injuries continue to be a serious problem in Arkansas. Although seat-belt use cannot fully protect against injury, it is an important tool that we should all use. Please wear your seat-belt and if you would like to speak with an attorney about a recent car accident, please contact a car accident attorney today to guarantee your rights are protected.

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.

Four students from the Pine Bluff School District were taken to Jefferson Regional Medical Center for injuries after an accident involving the school bus they were riding on.

Police said the bus was northbound on Main Street near 27th Avenue when it ran off the road, hit a culvert, then came back on the road and struck a utility pole in front of Carpet Barn before finally coming to rest at 27th and Main.

The driver of the bus reported that he moved the bus over to avoid a vehicle that was southbound and slipped off the road. Police report that an investigation into the accident is continuing and Hines was issued a citation for failure to maintain control.

Under Arkansas law the school district's insurance company can be held responsible for the injuries sustained in this accident. If you or a family member is injured in a bus accident, it is important to contact an attorney to discuss your legal options and determine the insurance coverages that may be available to help.

The Arkansas State Police announced that they are collecting data on traffic accidents related to text messaging to determine how much of a problem the practice is in Arkansas. The standard accident reports now have a new information box for troopers to fill out while investigating a crash. When filled, it denotes the use of an electronic device such as a cell phone while driving.

According to Hillary Davidson of Jonesboro, whose father died in a traffic accident, she wants state lawmakers to pass a law that specifically prohibits text messaging while a driver is behind the wheel. She plans to meet with state legislators to ask them to sponsor a bill. Davidson's father, Paul Davidson, died July 14th after his vehicle was hit by another vehicle, driven by a man who told police he was sending a text message. Further, this behavior has gained national attention due to the September 25th Metrolink train crash in California. The crash occurred immediately after the engineer sent a text message.

Although cell phone use and text messaging while driving may not be against the law, their use can be the basis of a negligence action if they cause a car accident in Arkansas. I have successfully argued that a driver was negligent because he was using his cell phone when he did not "see" my client before a car accident. He tried to argue that my client was partially at fault but we were able to show that he was using his cell phone at the time of the wreck and was not paying attention. It is important to gather this information in the discovery phase of a claim or lawsuit. Cell phone records can be subpoenaed from the phone company. This is an important tool that can make the difference in a car accident claim. If you have suffered an injury due to a car accident, please contact me to discuss your rights and determine what information is needed to make a fair recovery for you and your family.