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How to Determine Fault in a Car Accident?

Proving fault in a car accident is not always easy, but it can be made easier if you follow these steps:

The first thing you should do is to call 911, to alert the police and emergency crews of your accident. This will ensure that you get a police report detailing the accident and it will also ensure that you and your passengers receive medical attention promptly. When speaking to the police and to the other driver, be sure not to admit fault. Even as simple as “I’m sorry” can be taken out of context to prove that you admitted to causing the crash.

This is one of the first things you should do after an accident, as long as you are not injured. If the other driver were to flee the scene of the crash before the police arrived, you would have visual proof as to who caused your accident. This can prove to be invaluable.

Collect the other driver’s insurance information, driver’s license number, name, and address. This can help you tremendously when you are filing an injury claim.

If you are uninjured, snap pictures of the accident scene and any details that you think would help your case. This could include broken signs, broken traffic signals, overgrown shrubs, skid marks, and road debris.

You should also take pictures of the cars and their relationship to each other on the road, as well as any damage the cars sustained. Be sure to take close-up pictures of the damage, as well as pictures from far away.

If there are any eyewitnesses, be sure to gather their information. Write down their names, addresses, and phone numbers so your attorney can talk to them if more information is required.

Call an attorney as soon as you are able. The sooner your attorney is on your case, the faster you can collect the money you deserve.

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Arkansas is an At Fault State

In the state of Arkansas, the person responsible for the accident is also responsible for the injuries and damages they caused. If you have suffered an injury in a car accident, you are able to collect compensation in one of three ways:

  • By filing a claim with your own insurance company
  • Filing a third-party claim directly with the “at-fault” driver’s insurance carrier
  • By filing a personal injury lawsuit

Arkansas is also one of just six states that have “add-on” no-fault laws. These laws allow policyholders to purchase and use their own Personal Injury Protection insurance to pay for medical expenses, etc. no matter who was at fault for the accident. It also allows them to file a personal injury lawsuit against the “at-fault” driver without restriction.

What is No Doubt Liability?

What is No Doubt Liability?

Certain types of accidents are almost always the fault of the other driver. These accidents are called “no doubt” liability because insurance companies won’t even bother to argue the vast majority of these cases, as there is little doubt in anyone’s mind who is at fault for the crash. Some of those “no doubt” liability crashes include:

  • Rear End Collisions – the car following behind you must leave enough space to stop even in emergencies. Even if you slam on your brakes, the driver behind you must be able to stop safely. If they cannot, then they will be at fault for the accident.
  • Left Turn Accidents – a car making a left turn is almost always liable for any car that is coming straight unless the other car was going through a red light or was going well over the posted speed limit.
  • DUI Accidents – the drunk driver will almost always be responsible for the accident. Even if you are found to be partly to blame for the crash, the DUI driver will bear the majority of the burden in most cases.

How Negligence Can Help Determine Fault?

In order to establish fault, you must show that the other driver was negligent. The theory of negligence is that anyone who acts in a careless way or causes injury will be legally liable for any resulting harm. In order to win a negligence claim and show fault, your attorney must prove that the other driver owed you a legal duty and they breached this duty by driving recklessly or carelessly. They must also establish that the resulting breach directly caused injuries and damages to you and/or your property.

There are numerous types of negligence, including:

  • Comparative Negligence – this occurs when you are partly responsible for the injuries to yourself and your property. If you are found to be partly to blame for the crash, you may be required to pay a percentage of the damages.
  • Pure Comparative Negligence – the driver’s damages are totaled and effectively reduced to reflect their portion of the crash. For instance, if you were awarded $100,000 after an accident, but found to be 10% responsible for the crash, then you would only receive $90,000 of that award.
  • Modified Comparative Negligence – the driver would not recover any damages if they’re found to be at least 50% or more responsible for the crash. Arkansas courts use a modified comparative fault rule.
  • Contributory Negligence – this occurs when you caused your own injuries but cannot collect any damages. Most states are doing away with this type of negligence.

Because your damages will be reduced by the amount you are determined to be “at fault,” the insurance company will try to pin some of the blame on you. After all, reducing the amount they must pay is their primary goal. They may claim that you were speeding at the time of the crash or that you were operating recklessly as well. This is an important part of the legal process and why it is so important to have a car accident attorney on your side fighting for you during this time.

Determining Fault for Different Types of Accidents

Determining Fault for Different Types of Accidents

Different types of accidents may require a different type of investigation in order to determine fault, such as:

  • Single Car Accidents – the majority of single car accidents are the fault of the single car driver. Police reports often assign blame quickly and without a thorough investigation. But there are times when other drivers caused your single car accident or when poorly maintained roads or traffic lights led to your crash. If you believe that your single car accident was someone else’s fault, your attorney can lead a full investigation into the matter to clearly establish who is to blame.
  • Parked Car Accidents – parked car accidents are always the fault of the driver who was moving into traffic. When both cars are moving into traffic, determining fault can be trickier. Examining the damage to the cars and gathering eyewitness accounts become critical.
  • Multi-Car Accidents – multi-car accidents need to be investigated closely to determine who is at fault. Police reports are critical after a multi-car crash because the police are trained to examine crash damage and take witness statements into account when assessing blame. However, they are not infallible. An experienced attorney can examine the crash site, the damage to the vehicle, and perform a more extensive investigation in order to determine fault. In many cases, accident reconstruction experts may need to be called in order to fully establish the cause of the crash and who is to blame.

What to Do if You’re At Fault?

If you caused the accident and you believe you are to blame, take the following steps:

Even if you are to blame, it is the law to report any accident that causes damage to property or injury to another person. Failure to report an accident could be seen as leaving the scene of the crime.

Even if you believe the accident was your fault, never say “I’m sorry” or admit to causing the accident. After a crash, your adrenaline may be running high and you may not be considering all the factors that led to the accident. Perhaps you didn’t see the other driver, but perhaps they were speeding or driving drunk. Let the police investigate and avoid admitting to causing the crash.

You must answer all police questions but avoid saying anything incriminating. Do be honest in your recount of the accident, however.

Always be polite when dealing with the other driver and with police after an accident. Avoid aggressive behavior and if the other driver gets aggressive, seek help.

If you believe that there were contributing factors to your accident, be sure to collect the evidence. Take pictures of any overgrown shrubs or broken signs. Take pictures of crash damage and of the scene of the accident. These could help your attorney show that you are not completely to blame for the accident.

You must notify your insurance company when you are involved in an accident. They can attempt to negotiate with the other driver’s insurance company to have their car repaired and their medical expenses reimbursed.

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Determining fault after a car accident isn’t always straightforward. You could end up paying part of the accident costs – even when you did nothing wrong! That’s why you need an experienced Arkansas car accident lawyer on your side from the start.

With eight offices in Arkansas and Tennessee – Little Rock, Little Rock-Corporate Hill, Springdale, Conway, Hot Springs, Bryant, Jacksonville, and Memphis– our personal injury lawyers are easily accessible when you need help.

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An image of a car making a left turn.

Who is at Fault in a Left Turn Accident in Arkansas?

For most of us, driving a vehicle is an everyday activity. While it can feel like we’re on autopilot when getting behind the wheel, we’re actually making decisions and adjustments every second to keep ourselves, our passengers, and other vehicles safe. However, even for the most experienced driver, there’s one most dangerous maneuver in Arkansas: left-hand turns. In most cases, the driver making the left-hand turn is liable for the accident and for the damages they caused. That’s because Arkansas law requires drivers making a left-hand turn to yield to all oncoming traffic. However, there are some exceptions. If you or someone you love was injured in a left-hand turn accident, it is important to know that you are not alone. At Rainwater, Holt & Sexton, our Arkansas car accident lawyers have the experience and resources needed to win these cases and bring home maximum compensation for our clients.

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Types of Compensation after Auto Accident

After a car crash, you might struggle to recover from significant injuries. Your car might be totaled, and your life completely turned upside down. How will you collect the money you need to recover and rebuild your life? Unfortunately, not all car accident victims can collect compensation after a car accident. Collecting compensation depends mainly on the type of insurance you carry, the other driver’s insurance, and who is responsible for the crash. Can you collect compensation for medical expenses and other damages? Or are you on your own? When a car accident derails your life, you need answers, and you need a law firm on your side that can help you find those answers. At Rainwater, Holt & Sexton, our auto accident lawyers can help you collect the compensation you are entitled to, so you can focus on what’s most important – your recovery.

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What to Say and Not Say to the Insurance Company

Every injured Arkansas car accident victim has some questions about their next steps. How will I pay for my medical expenses? What happens if I can’t work again? Can I get my car repaired? Who is to blame? These questions can keep you up at night and cause you significant stress and anxiety. As you struggle to deal with your injuries, you deserve to have someone on your side who can help answer your questions and fight for your rights. However, where you go to obtain answers to those questions can profoundly impact the outcome of your injury claim. Unfortunately, Arkansas insurance companies have one main goal: to pay you as little as possible. They often twist things you say to help them reduce your claims.

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Denied Insurance claim

How to Appeal a Denied Auto Insurance Claim

Insurance adjusters look for any excuse to deny your car accident insurance claim. You might already know this if you received a claim denial. Receiving a claim denial after a car accident can put a significant financial burden on you and your family. It can also make you feel scared and angry. After all, aren’t insurance companies supposed to be on your side after an accident? The cold reality is that insurance companies are NOT on your side. After a crash, their main goal is to pay you as little as possible. This is unfair, and without a legal team, you may feel helpless to fight back. Fortunately, there are ways you can fight auto insurance claim denials and win. With Rainwater, Holt & Sexton on your side, you can hold insurance companies to the task of paying you what you deserve. Our Arkansas auto accident lawyers know how to fight uncooperative insurance companies.

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How to Deal with Insurance after a Car Accident in Arkansas

Insurance companies make billions of dollars a year in profits offering Americans peace of mind. They promise that if you pay your premiums on time, they’ll be there when catastrophe strikes. Unfortunately, this isn’t always true. Many insurance companies take advantage of injured accident victims and their fragile physical and emotional states after a crash. They often offer a lowball settlement and use a harsh “take it or leave it” approach in order to pressure crash victims into signing quickly. If you’ve been injured in a car crash in Arkansas, we can help. Our car accident attorneys know the insurance company’s tricks and tactics and we use this knowledge to fight aggressively for our clients.

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Who is At Fault in a Car Accident in Arkansas

Car accidents occur in a split second – but their effects can last a lifetime. In a moment, your entire life can be turned upside down. You may be left wondering how you will recover from your injuries, who will pay your medical expenses, and when you will be able to work again. Unfortunately, the key to obtaining the money you need to recover depends largely on establishing fault after a car accident. While this may seem like a simple task, nothing could be further from the truth. Car accidents are not always cut and dry and establishing fault can be difficult. There may be multiple parties responsible for your injuries or you may share some of the blame for the crash yourself. You and the other driver may differ in how you remember the accident occurring or the police report may contain inaccuracies that jeopardize your claim. As you can see, the complexities of a car crash can make establishing fault difficult. Without the help of an experienced attorney, you could end up paying for a crash that wasn’t your fault.

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Car Accident Statute of Limitations

If you suffer an injury in a car accident in Arkansas, you only have a limited time to file a personal injury claim. This is known as the statute of limitations. If you miss this critical deadline, you will not be allowed to recover money for your injuries or for damages. To learn more about your legal options, call Rainwater, Holt & Sexton. Our Arkansas car accident lawyers can make sure you do not miss deadlines for filing a lawsuit. We can work with you and the insurance companies to ensure that you have the money you need – and deserve.

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Car Accident Insurance Claim

Uninsured Motorist Accident Lawyers in Arkansas

Arkansas is an “add-on” state when it comes to no-fault car insurance. This means that drivers are required to carry at-fault liability coverage, but they can also add on an additional no-fault coverage policy as well. If you are injured in an accident, this no-fault liability policy will help pay your medical expenses and damages, no matter who is to blame for the accident. Unfortunately, collecting compensation after an accident isn’t always easy – even if you have a no-fault insurance policy. That’s why all injured Arkansas accident victims should contact an experienced attorney immediately after their accident. At Rainwater, Holt & Sexton, our attorneys have extensive experience negotiating accident claims with insurance companies and protecting injured accident victims and their rights to full compensation.

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Arkansas Hit and Run Attorneys

Being involved in an accident can be terrifying. Realizing that the driver responsible for your accident has suddenly fled the scene can turn a scary situation into a real-life nightmare. If the driver is never found, who will pay for your medical expenses, car damages, and lost time from work? While you’re interested in finding the “at-fault” driver to pay for damages and lost wages, the police are only interested in pursuing criminal charges against the hit and run driver. So, who is on your side? With a hit-and-run accident lawyer on your side, there are ways you can use the law to recover the money needed to help pay for your medical bills. If you have PIP insurance, you may be able to start collecting money from your own policy until the driver who fled the scene of the accident is found. Hit-and-run accidents are why Uninsured Motorist Coverage exists on an auto policy. If you carry this insurance coverage, which is a good idea for everyone, it will step into the place of the wrongdoer and cover your personal injuries up to the policy limit. Uninsured Motorist Coverage is in addition to your PIP coverages, such as med pay.

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How Do No-Fault Insurance Claims Work in Arkansas

Arkansas is an “add-on” state when it comes to no-fault car insurance. This means that drivers are required to carry at-fault liability coverage, but they can also add on an additional no-fault coverage policy as well. If you are injured in an accident, this no-fault liability policy will help pay your medical expenses and damages, no matter who is to blame for the accident. Unfortunately, collecting compensation after an accident isn’t always easy – even if you have a no-fault insurance policy. That’s why all injured Arkansas accident victims should contact an experienced attorney immediately after their accident. At Rainwater, Holt & Sexton, our attorneys have extensive experience negotiating accident claims with insurance companies and protecting injured accident victims and their rights to full compensation.

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What to Do After a Car Accident in Arkansas

Being involved in a car accident can be terrifying. In the blink of an eye, everything can change. You may be suffering from serious injuries and suddenly unable to provide for your family. Even if you are uninjured, you may find it difficult to sleep, work, and engage in life in the same way. And, your family may be left with unimaginable financial burdens during this time, further complicating your recovery. When you are injured in a car accident, the steps you take immediately after the crash can have a significant impact on your ability to collect the compensation you deserve. Without the money you need, it may be difficult to recover fully from your injuries or repair your car quickly. Unfortunately, many accident victims in Arkansas don’t know what to do after a car accident.

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What To Do If You Get Caught In Bad Weather

Most Arkansas residents know how unpredictable the weather can be and getting caught in the rain as a biker can be a little unnerving, especially if you are not prepared. Riding in rain can pose a high danger risk, but there are certain steps that you can take when being caught in the middle of... Read more »

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types of brain injuries after accident

Brain Injury

Traumatic brain injuries (TBIs) are devastating and can lead to long-term health problems and disability. In the blink of an eye, your whole world can get turned upside down when you suffer a brain injury. While some people will recover from their brain injury, others may face a lifetime of physical and mental impairment. If you or a loved one has suffered a brain injury, it is essential to consult with an experienced Arkansas brain injury attorney. At Rainwater, Holt & Sexton, we can help you receive the compensation you deserve for your injuries. Our lawyers know how to fight insurance companies aggressively at every turn. We work with medical teams to identify how your specific brain injury will affect your life and future, and we use this to build a case for you and your loved ones. After all, we know that living life with a brain injury isn’t easy. It takes considerable resources to pay for medical bills, rehabilitation, and home care. That’s why we don’t back down when we negotiate with insurers on behalf of our clients. Our Arkansas brain injury lawyers will work to protect your future every step of the way.

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Injured as a Passenger in a Car Accident

Getting into an accident as a passenger can be a confusing and stressful experience. You may be concerned about who is at fault and responsible for paying damages. If your car’s driver is at fault, their insurance company will usually cover the costs of the accident. However, many insurance companies try to play hardball with passengers, making it challenging to receive the compensation you deserve. When this happens, what can you do? Where can you turn for help? The legal process might become more complex if you suffered an injury as a passenger in a car accident. You may need to know who is responsible and where to file your claim. At Rainwater, Holt & Sexton, our Arkansas car accident attorneys can help injured passengers get the compensation they deserve. We know how to assess liability and prove your case quickly. Let us take the legal burdens off your shoulders and provide you with the legal guidance you need during this difficult time.

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Pedestrians and Sharing the Road Laws

Pedestrian Accident

Arkansas law requires pedestrians and motor vehicle drivers to share the roads to prevent accidents and injuries. Unfortunately, Little Rock roads are dangerous to pedestrians, and accidents occur here frequently. Poor infrastructure, higher speed limits, and driving distractions can increase the risk of accidents. Due to the size and weight of most cars and trucks on the road, pedestrians sustain severe injuries in an accident. Even at low speeds, a pedestrian can suffer life-threatening injuries, requiring hospitalization and a lifetime of care. If you suffered an injury in a pedestrian accident in Little Rock, you need money to pay for medical care, rehabilitation, lost wages, and future disabilities. However, insurance companies don’t make collecting compensation easy. They’re hoping you give up and take the settlement they offer without a fight. For this reason, you need a law firm on your side from the beginning. You need a Little Rock pedestrian accident lawyer to fight for you and your right to justice.

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Recovering Lost Wages After Auto Accident

You’re driving home after a fun night out with friends when suddenly, a drunk driver plows into your car at a stoplight. In the blink of an eye, your whole life changes, and you suffer from severe and catastrophic injuries. During this time, you must miss months of work while you recover from your injuries and put your life back together again. How will you pay your rent without your paycheck? How will you continue to support your family? Can you get reimbursed for lost wages? An injury from an auto accident can leave you unable to work, thus making it difficult to pay bills and support a family. If you suffered an injury in a car accident caused by another person’s negligence, you have a right to recover lost wages. There are several ways to make sure you recover compensation for lost wages, but determining the right course of action is best done with the guidance of an experienced auto accident lawyer. At Rainwater, Holt & Sexton, our Arkansas car accident attorneys know how to help accident victims recover the money they need after a crash. We work quickly to secure maximum compensation for our clients, including payments for lost wages and loss of future earnings. Call us today to learn how we can help you recover what you need after a serious Arkansas car crash!

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When to Call a Lawyer

When to Call a Lawyer After a Car Accident in Memphis Perhaps you got into a serious car accident on the I-55? Or even a smaller road? In the aftermath of the accident, you may not know what to do or where to turn for help. You may find that insurance companies begin pressuring you to sign a quick settlement. Is this in your best interest, or is this a mistake? How do you know when to hire an attorney after a car accident? The best way to know if you should hire an attorney after a car accident in Memphis is to speak to an experienced and skilled lawyer in a FREE initial consultation. If you suffered an injury or property damage in the crash, you could benefit from their services. In fact, you stand to gain substantially more compensation with a lawyer on your side. Insurance companies know this. This is why they want you to sign quickly. They don’t want you to realize that a Memphis car accident attorney could help you. They don’t want you to call Rainwater, Holt & Sexton. GET FREE CONSULT NOW

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How to Choose the Best Personal Injury Lawyer in Arkansas

When you suffer an injury in an accident, it can seem like your whole world is crashing down around you. Life as you know it may never be the same, and you need someone on your side to help you navigate this new path. As you focus on your recovery and on rebuilding your life,... Read more »

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Will My Personal Injury Case Settle or Go To Trial?

Will My Personal Injury Case Settle or Go To Trial?

When you suffer an injury in an accident, you may need to file a personal injury claim or lawsuit to obtain the compensation you need. With the right personal injury lawyer on your team, you can typically get significantly more money for your accident and injuries. Your lawyer will work to negotiate the best possible... Read more »

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Who Can Sue for Wrongful Death After an Auto Accident?

Who Can Sue for Wrongful Death After an Auto Accident in Arkansas? If you lost a loved one in an auto accident in Arkansas, you know that your life will never be the same. In the blink of an eye, everything you planned and all your future dreams may have been lost. The pain of losing a loved one is unbearable and survivors are often uncertain how they will ever put their lives back together. During this difficult time, it is important to know that you are not alone. A compassionate Arkansas attorney can help you through the aftermath of a tragic auto accident. In many cases, surviving family members can file a wrongful death lawsuit to help recover financial losses. While no amount of compensation could ever replace the loss of your loved one, you and your family should not have to shoulder unnecessary financial burdens because of another person’s negligence. When a person or entity causes the death of another, surviving family members can bring legal action in civil court against the negligent party. This is known as filing a wrongful death suit. In Arkansas, however, only certain family members are allowed to file a wrongful death lawsuit to seek a civil remedy. Wrongful death in an auto accident can happen if, for example, a driver fails to stop at a red light and collides with another car or a driver drives the wrong way on a one-way street harming others. In these instances, the driver is not abiding by traffic laws, failing to use reasonable care while operating their vehicle. Under state law, the personal representative of the deceased’s estate must be the one to file the wrongful death claim in court. But what do you do if a representative was never appointed? If there is no personal representative, then surviving family members may be able to file a wrongful death lawsuit, including: Surviving spouse Children Parents Siblings Dependent minors Life partners Be prepared to prove your relationship to the deceased with a wedding license, birth certificate or copy of the will, depending on your relationship. Let Us Reivew Your Case

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What are Future Damages in a Personal Injury Case?

If you suffered an injury because of someone else’s negligence, you should not have to face any expenses as a consequence of that injury. Justice means that the person or people responsible for your injury should be the same ones responsible for paying for it. After a serious accident, you deserve justice and an experienced... Read more »

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Airbag Injury

Airbag Injury Lawyer in Arkansas & Tennessee When you are involved in a car accident, you trust that your vehicle’s protective devices will help you avoid injury. Unfortunately, sometimes the devices that are supposed to offer us protection actually result in significant personal injury. When a car’s airbag deploys during an accident, it does so at a very high speed. It is hot and covered in chemicals that help it deploy quickly. This can result in serious airbag injury to the driver and passengers, whether it’s an auto accident or big rig truck accident. Airbags can cause significant injuries that may even result in permanent disability and impairment. If you or your loved one are injured by airbag deployment, you need an experienced Arkansas car accident lawyer fighting for you and your rights to compensation. Without a personal injury attorney on your side, you may not recover the money you need to pay all of your expenses. You may also have have a case if your airbags do not deploy.

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Arkansas DUI Hit-and-Run Victim Awarded $900,000

Rainwater, Holt & Sexton Injury Attorney, Meredith Moore, represented Jaylin Anderson after he was run over by a drunk driver in Jacksonville of February 2018. Sharon Shinn, the defendant in this case, is a repeat offender, and has had five DUIs in three years. Anderson was out for a run, was hit by Shinn’s car... Read more »

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