Conway, AR
Car Accident Lawyer
Injured in a car accident in Conway? Our auto accident attorneys have decades of experience serving Arkansas accident victims, and we’re here to help you choose the right next steps and maximize your recovery after a crash.
From heavy traffic on I-40 to busy corridors like Dave Ward Drive, Oak Street, and Harkrider Street, drivers in Conway face no shortage of challenges navigating the city. Add in Arkansas’ unpredictable weather, and it’s no surprise that accidents ranging from minor to serious are a regular occurrence.
Whether you call Conway home or you’re just passing through, having a local attorney who understands Conway’s roadways and legal landscape can make a world of difference. At Rainwater, Holt & Sexton, we know the local courts, the local roads, and the tactics insurance companies use to limit payouts—and we know how to fight back.
If you need an experienced Conway car accident attorney, reach out today and tell us your story.
We’re here to help.
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What to Do After a Car Accident
in Conway
If you’re involved in a car accident in Conway, taking the right steps in the moments and days afterward can have a major impact on your ability to file a successful claim. After a motor vehicle accident, we recommend that you:
Emergency responders can assess injuries, document the scene, and ensure everyone’s safety. Plus, a police report can become a central piece of evidence in your claim.
Visit a local provider like Conway Regional Medical Center or an urgent care clinic. Even if your injuries seem minor, they may worsen over time. Prompt treatment helps protect both your health and your claim, and medical records provide a vital link between the accident and your injuries.
Take photos of the vehicles, road conditions, traffic signs, and visible injuries. Note any traffic cameras or potential witnesses. Don’t rely solely on the police report—your documentation could help establish liability or corroborate your version of events.
Collect driver’s license numbers, insurance details, and phone numbers from all parties involved. If there are witnesses, ask for their names and contact information as well. Eyewitness testimony can strengthen your case.
A police report from the Conway Police Department or Arkansas Department of Public Safety is essential. This report will be a critical part of your case and can be obtained online or in person for a small fee. Be sure to review it for accuracy and bring it to your attorney’s attention if anything seems incorrect or incomplete.
Before you speak with insurance companies, speak with us. We offer free consultations and can help you avoid costly mistakes. An attorney can guide you on what to say and what not to say to insurers.
Your Rights After a Conway Car Accident
Under Arkansas law, if someone else’s negligence caused your accident, you have the right to pursue compensation. But knowing your rights—and acting quickly to protect them—is critical.
Understanding Arkansas Insurance Laws
Arkansas is an “at-fault” state. This means the person who caused the accident is responsible for the damages. Car accident victims can seek compensation through:
- The at-fault driver’s liability insurance
- Their own uninsured/underinsured motorist policy
- A civil lawsuit when appropriate
Every driver in Arkansas is required to carry minimum levels of liability insurance, but in serious crashes, those minimums may not come close to covering your medical costs and lost wages. That’s where an experienced car accident attorney can step in to identify additional sources of recovery.
Time Limits for Filing a Claim
In Arkansas, you typically have three years from the date of the accident to file a personal injury claim.
However, waiting can make it harder to collect vital evidence, track down witnesses, or get accurate medical evaluations. Insurance companies also use delays as leverage to deny or diminish claims. As such, our team of car accident attorneys recommends that you contact a car accident lawyer in Conway ASAP after your crash so that evidence is protected, memories are fresh, and we can get to work on building the strongest possible case on your behalf.
Comparative Negligence
Arkansas follows a modified comparative negligence rule. If you are found to be 49% or less at fault, you can still recover compensation. However, your recovery will be reduced by your percentage of fault. (For example, if you were awarded $50,000 in damages but found to be 10% at fault for the collision, you’ll only receive $45,000—$50,000 reduced by your 10% share of fault.
If you’re 50% or more at fault, you may not recover any damages. This makes it especially important to have an experienced attorney protect your side of the story and challenge any unfair allocation of blame.
What’s Needed to Recover Compensation
Typically, receiving a payout for a car accident claim requires that you establish the four elements of negligence: duty, breach, causation, and damages.
- Duty: The other driver owed you a duty to drive safely
- Breach: They violated that duty (e.g. by running a red light or speeding)
- Causation: Their negligence directly caused your accident
- Damages: You sustained damages as a result (injuries, property damage, etc.)
Local Court Experience Matters
Car accident claims in Conway may be heard in Faulkner County courts. Our attorneys regularly handle cases in these local venues and understand the procedures, timelines, and expectations of these courts. From filing the correct paperwork to navigating pre-trial hearings, our familiarity with local processes gives our clients a clear edge in the process.
Types of Compensation Available for Conway Accident Victims
Depending on your injuries and circumstances, you may be eligible for a range of damages:
Economic Damages
Economic damages include anything you can easily calculate.
- Medical Bills: ER visits, imaging, surgeries, physical therapy. These are often the most immediate and obvious expenses.
- Future Medical Expenses: Ongoing treatment, mobility aids, in-home care. Injuries that require future surgeries or long-term rehabilitation must be factored into your claim.
- Lost Wages: Time away from work due to recovery. We work with your employer to calculate lost income accurately.
- Loss of Earning Capacity: If you can’t return to the same job or career. In some cases, clients are forced to change professions or leave the workforce entirely.
- Property Damage: Repair or replacement of your vehicle and belongings. This can include damage to electronics, child car seats, or other personal property in the vehicle at the time of the crash.
Non-Economic Damages
Non-economic damages involve subjective, non-quantifiable damages.
- Pain and Suffering: Physical pain and emotional distress from your injuries. These damages reflect not just discomfort but the toll the injury takes on your daily life.
- Mental Anguish: Anxiety, PTSD, depression. Emotional trauma can last longer than the physical injury.
- Loss of Enjoyment of Life: Inability to engage in hobbies, relationships, or family life. If you can no longer participate in things that brought you joy before the accident, compensation may be available.
- Loss of Consortium: Damages to marital or familial relationships due to injury. Your spouse or loved ones may have also been deeply affected by your injury, and Arkansas law is designed to help families that are struggling after an accident.
Punitive Damages
In extreme cases, such as those involving drunk driving or reckless conduct, the court may award punitive damages to punish the offender and deter similar future behavior. These are awarded in addition to compensatory damages and are less common, but important in certain severe cases.
Whatever the severity of your accident, our experienced Conway car accident attorneys will help you recover for the full scope of your damages, not just the ones that are immediately obvious.
Common Car Accident Injuries
We routinely help clients in Conway who suffer from injuries that include:
Painful and persistent, often overlooked by insurers. These injuries may require chiropractic care or physical therapy for months.
From simple breaks to compound fractures requiring surgery. Some fractures can lead to lasting complications, such as arthritis or limited mobility.
These may lead to long-term mobility issues or paralysis. Even moderate back injuries can disrupt daily functioning and require ongoing care.
Traumatic brain injuries (TBI) can affect memory, focus, and personality. Some TBIs result in long-term disability or require speech and cognitive therapy.
Bleeding and organ damage that may not be obvious immediately after the crash. These injuries often require surgical intervention and extended hospital stays.
Anxiety, phobias, or PTSD related to the trauma of the accident. These injuries can make it difficult to return to driving or feel safe on the road.
Conway Regional Medical Center and local specialists play a key role in both acute care and rehabilitation. We work with your medical providers to fully document how your injuries have impacted your life, and we have the ability to consult independent medical experts to support your claim.
Dealing with Insurance Companies After an Accident
In the aftermath of a collision, insurance companies have one job: pay out as little as possible. Without experienced legal help, you risk settling for far less than your claim is worth.
Common Insurance Tactics
- Pressuring you to accept a lowball offer quickly before you understand the full extent of your injuries
- Asking for a recorded statement they can use against you later
- Delaying communication to wear you down or cause you to miss deadlines
- Disputing medical treatment or injury severity, even when it’s clearly documented
- Blaming you for the accident, even if the facts suggest otherwise
How We Help
When you work with Rainwater, Holt & Sexton, we handle all insurance negotiations on your behalf. Our team knows how to:
- Calculate the full value of your claim, including long-term and non-economic losses
- Push back on underhanded tactics that insurers use to devalue or deny claims
- Collect and present strong evidence, from medical records to accident reconstruction
- Prepare your case for trial if the insurer refuses to offer a fair settlement, ensuring you are fully represented at every stage
We don’t back down, and we advocate for our clients until a fair deal has been reached and justice has been served.
Frequently Asked Questions
First, you should call 911 and get medical help. Once you’ve confirmed that everyone’s safe, do your best to document the scene, exchange information with the drivers and witnesses, and carve out time to request a police report. Don’t forget to contact a Conway personal injury lawyer before speaking with insurance companies.
You typically have three years, but it’s best to act quickly while evidence and memories are still fresh.
You still have every right to file a claim in Arkansas. Our team can coordinate across state lines and navigate any complexities with out-of-town drivers.
That depends on the severity of your injuries, medical costs, lost wages, pain and suffering, and more. We provide personalized evaluations during your free consultation, but if you’re looking for more guidance right now, explore this piece on average settlement amounts.
Most cases settle out of court, but we prepare every case as if it will go to trial. If court becomes necessary, you’ll be in good hands.
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