How to Calculate & Recover Lost Wages After a Car Accident in Arkansas
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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- Can I Recover Lost Wages?
- What Are Lost Wages?
- How to Recover Lost Wages With a Car Insurance Claim
- How to Recover Lost Wages With a Personal Injury Claim
- How to Prove Lost Wages
- Understanding Lost Earning Capacity
- How to Calculate Lost Wages
- Should You Take Time Off Work After a Car Accident?
- What Could Happen if You Miss Work After a Car Accident?
- Do I Need to Use PTO to Cover Recovery Time?
- How Much Are Sick and Vacation Days Worth?
- Do I Get Disability After a Car Accident?
- Contact Us
Can I Recover Lost Wages?
If you suffered an injury in a car accident, you might wonder if you can recover lost wages. The answer depends on who is to blame for the crash. If you caused the accident, your insurance company will not cover the employment losses you suffered. However, if you purchased Personal Injury Protection coverage, you might have more options.
If another person caused the crash, their insurance company should reimburse you for lost wages and loss of future earnings. If the other driver does not have insurance, then you will need to turn to your own UIM/UM coverage.
However, there are exceptions to every rule. Due to the complexities surrounding compensation and liability after a crash, it is important to speak to an experienced Arkansas car accident lawyer immediately.
What Are Lost Wages?
After a car accident, you may be able to collect compensation for lost wages. In your personal injury claim, “lost wages” refers to the money your employer would have paid you if your accident had not occurred. If your accident occurred because of another person’s negligence, losing this income is not fair. You should not have to miss paychecks because of hospitalizations, doctor’s visits, and rehabilitation.
The at-fault driver owes this money to you. However, before you can collect lost wages from time you missed at work, your Arkansas personal injury lawyer must establish the following:
- That you were involved in an accident
- That you sustained injuries in that accident
- That your injuries directly caused you to miss work
- Missing work caused you to lose income or benefits
You may hear the phrase “lost earning capacity” or “lost compensation” when discussing your case with your legal team and insurance companies. Lost earning capacity and lost compensation are different types of damages than lost wages. It is important to understand their differences.
Lost earning capacity is caused by any disability you have suffered, resulting in a reduced ability to work.
Lost compensation includes lost wages and other types of benefits you have lost, such as compensation for sick and vacation days, bonuses, and other perks of employment.
How to Recover Lost Wages With a Car Insurance Claim
After an injury accident, you can often turn to the at-fault driver’s car insurance policy to recover lost wages. Sometimes, you can submit a claim with your insurance provider.
Before submitting your claim to the insurance company, you need to establish liability and know what is covered under the terms of the policy. A law firm with dedicated Arkansas car accident attorneys can help you make sure you’re ready.
Several types of coverage can collect lost income due to missed work.
If you suffered an injury because of another driver’s negligence, you can submit a lost wages claim through the at-fault driver’s liability bodily injury coverage.
If an uninsured driver injured you, you might collect lost wages through your uninsured or underinsured motorist coverage – if this is part of your insurance plan.
Personal Injury Protection (PIP) coverage is optional in Arkansas. Purchasing this coverage will pay for your injuries and lost wages up to your policy’s limits. You can ask your insurance provider or attorney to examine your policy details to see if you have PIP coverage.
How to Recover Lost Wages With a Personal Injury Claim
What happens if you find that your insurance policy or the driver’s car insurance policy is not large enough to recover your lost income? In this situation, you can file a personal injury claim against the negligent driver to collect the compensation you need.
Traditionally, courts rule that victims can get reimbursement for all the income they would have earned during their recovery process. If you wish to file a lawsuit against the at-fault driver to get paid for lost income, contact an experienced Arkansas car accident lawyer before proceeding.
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How to Prove Lost Wages
Proving lost wages is difficult, but not impossible. When you submit your claim with the insurance company, you must show evidence that you have missed time from work and that you’ve lost income due to your injuries.
Some of the evidence you might need to prove lost wages includes:
This is key to collecting the settlement you need. Your disability slip or medical records indicate that the car accident caused your injury. Your doctor should also include a note recommending you take time off work because of your injuries.
To know how much compensation you’re entitled to, you must show your most recent pay stubs, W2 forms, or tax filings showing hourly wage or salary. If you are self-employed, this documentation gets trickier because you must show proof of the money you would’ve earned during your recovery. You can submit a copy of your accounting books, records of past receipts, and other payment forms.
You will also need to submit a letter from your employer that clearly shows the days you missed work due to your injury. It should also note your pay level or hourly wage and any hours you usually work.
After a car accident, your time is better spent on your recovery and rebuilding all that you’ve lost. Gathering evidence is difficult and time-consuming. For this reason, it is important to let an experienced Arkansas car accident lawyer handle this for you. They can get the documentation you need to obtain maximum compensation after a serious car crash.
Understanding Lost Earning Capacity
Understanding Lost Earning Capacity
One of the many damages that may be available to you after a car accident is lost earning capacity. This damage is often difficult to quantify, but it is vital to your lawsuit and the amount of compensation you receive.
Lost earning capacity essentially refers to losing your ability to earn an income. This is due to various factors, including physical injuries that prevent you from working or mental injuries that make it difficult for you to function in a work setting.
Lost earning capacity damages compensate you for losing your ability to earn an income. This compensation will help you cover lost future wages and earnings potential.
If you suffered an injury in a car accident and believe you have suffered a loss of earning capacity, it is important to speak with an experienced Arkansas car accident attorney. A Rainwater, Holt & Sexton lawyer can help you assess your damages and fight for the compensation you deserve.
How to Calculate Lost Wages
When you suffer an injury and need to miss work, you lose out on valuable income. It is difficult to pay rent, mortgage, and utilities while recovering. Missing paychecks can put an unnecessary financial strain on struggling families after a car accident.
Fortunately, you can recover your lost wages in a car accident claim. Your Arkansas car accident attorney can give you an estimate of your lost wages after a car accident.
Before estimating your lost wages, you need to provide your attorney with documents that support your missed time from work. This could be a doctor’s note telling you how much time you need to remain out of work to recover. In addition, you will need to provide your attorney with documents of your employment and wage history. Most recent tax returns, pay stubs, and W2s can help.
Calculating your lost wages makes a difference if you are paid hourly or a salaried employee.
Take your hourly wage and multiply by the number of hours you could not work after your crash.
For example, suppose your hourly wage is $15, and you were out of work for five days due to your accident. If you typically worked 8 hours a day, you would multiply $15 x (8 hours x 5 days) = $600 would be your total lost wages.
To calculate lost wages if you are salaried, you need to divide your salary and divide it by the number of weekday work hours in a year =2080 hours. You would then have an “hourly wage.” Take that number and multiply it by the number of hours you missed due to injury.
For example, suppose you make $50,000 a year in salary and miss five days of work. Your total lost wages would be ($50,000/2080) x (8 hours x 5 days) = $961.
Self-employed individuals, such as freelancers or independent contractors, cannot claim lost wages since they only make what they earn.
However, if you are self-employed, don’t worry.
You may be able to claim lost income instead. Lost income is different because it is the amount of money you would have made if you didn’t get injured in a car accident.
You must submit numerous documents of your average work income to claim lost income. Your attorney can help you build a case to obtain lost income after an accident.
Should You Take Time Off Work After a Car Accident?
One of the decisions you may have to make following a car accident is whether or not to take time off work. There are a few factors to consider when making this decision.
Your employer may have a policy regarding taking time off following an accident. Be sure to check with your HR department or supervisor to see what the company policy is.
You will also need to consider your own health and well-being. You will need time to recover before performing your job duties if you are injured. Even if you did not suffer a physical injury, you may feel traumatized by the crash and need time to cope emotionally.
If you decide to take time off from work, you might receive short-term disability benefits. These benefits can help replace a portion of your lost wages. Your employer may offer this coverage, or you may have an individual policy.
You should also speak to an attorney to discuss your legal rights and options following the accident. An Arkansas car accident attorney can help you navigate the insurance claims process and ensure that you are fairly compensated for your injuries and damages.
Taking time off work after a car accident might feel like a difficult decision to make. Be sure to consider all of the factors involved before making a decision.
What Could Happen if You Miss Work After a Car Accident?
If you’re involved in a car accident, taking the necessary steps to ensure your safety and well-being is important. This includes seeking medical attention and taking time off from work to recover. However, some people may be hesitant to do this for fear of losing their job or missing out on income.
While it’s understandable to have these concerns, it’s important to remember that your health and recovery should be your top priority. Missing work after an accident can have physical and financial consequences.
For one, if you suffered more severe injuries than initially thought, returning to work too soon could worsen them, leading to further missed work days and increased medical bills. It may also cause complications when collecting compensation from the at-fault driver’s insurer.
In short, it’s important to take the time you need to recover after an accident. Not only will this help ensure a full and speedy recovery, but it could also save you from financial hardship.
Do I Need to Use PTO to Cover Recovery Time?
No one ever wants to get hurt, but accidents happen. And when they do, you may wonder if you need to use your precious paid time off (PTO) to cover your recovery time.
The answer depends on a few factors, including the severity of your injury and whether or not you have other leave options.
If your injury is serious and requires extensive medical treatment or hospitalization, using PTO may be your best option to ensure you have time to recover without worrying about work.
However, if your injury is less severe and can be treated with outpatient care, you may consider using other time-off options first, including sick days, personal days, or unpaid leave.
Using PTO for an injury should be a last resort, as it can deplete your time off balance and leave you vulnerable to burnout. However, don’t hesitate to use it if you need time to recover. Your health and well-being are always more important than work.
How Much Are Sick and Vacation Days Worth?
How Much Are Sick and Vacation Days Worth?
If you suffered an injury in a car accident, you might wonder how much time off from work you’re entitled to use. How can you get compensation for that time if you have to use sick days or vacation days to recover from your injuries?
In most personal injury cases, sick and vacation days are part of your lost wages. In general, compensation for sick and vacation days is the equivalent of one day’s wages. After an accident, you will want reimbursement for those days. Otherwise, you won’t have that time if you need it in the future.
Of course, other factors can affect your lost wages, such as whether you can return to work part-time or if you need to take a lower-paying job due to your injuries. But in general, your lost wage calculation can include sick days and vacation days after a car accident.
Do I Get Disability After a Car Accident?
If you’ve been in a car accident, can you collect disability benefits? The answer depends on several factors, including the severity of your injuries and whether or not you can still work.
In general, you may collect disability benefits if your injuries are severe enough that you cannot work or earn a living. To qualify, you must have a medical condition expected to last at least one year or result in death.
There are two main types of disability benefits: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). To qualify for SSDI, you must have worked and paid into the Social Security system for a certain period of time. For SSI, you must have a limited income and resources.
If you think you may be eligible for disability benefits, the car accident attorneys at Rainwater, Holt & Sexton can help you. We can help you navigate the process and ensure you get the benefits you deserve.
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After a car accident, seeking compensation for lost wages and future earnings is important. You deserve to have the resources and money you need to put your life back together again after a severe injury accident. Collecting compensation for lost wages is part of that.
With eight offices in Arkansas and Tennessee—Little Rock, Little Rock – Corporate Hill, Springdale, Jacksonville, Conway, Hot Springs, Bryant, and Memphis —our Arkansas and Tennessee accident lawyers are easily accessible when you need us. Contact Rainwater, Holt & Sexton Injury Lawyers today. Fill out a free contact request form, which only takes a minute, or dial (800) 434-4800 and tell us your story.
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The Most Common Causes of Motorcycle Accidents in Arkansas & How to Avoid Them Motorcyclists in Arkansas face a variety of obstacles, challenges, and risks when riding on the road. However, the most common risk they face is simply being on the road with other vehicles. Did you know that other drivers are responsible for the majority of motorcycle accidents on the road? That’s right! Other drivers simply do not take the time to look for motorcyclists who may be sharing the road — and the results are disastrous. Understanding what caused your Arkansas motorcycle crash is an important part of your claim. Your attorney will need to examine and investigate your accident closely to determine why your accident occurred and who is to blame for the crash. In many situations, multiple parties can share the blame — further complicating your injury claim.
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
Truck Driver Fatigue: The Dangers of Drowsy Truckers
Truck Driver Fatigue: The Dangers of Drowsy Truckers Tractor-trailers can easily weigh up to 80,000 lbs. and carry with it enough force to crush a car in less than a second. Put that kind of weight together with a pressured or fatigued driver, and you have a recipe for disaster. Drowsy truck drivers often make serious mistakes or fail to react appropriately in emergencies. When this occurs, they can — and should — be held liable for their mistakes. However, the trucking company may also be to blame for their fatigued truckers. Injured accident victims often face a lifetime of uncertainty and disability after a serious truck accident. As such, they need someone on their side from the very start who is willing to fight for them and their rights to compensation. If you suffered an injury in a truck accident because of a drowsy driver in Arkansas or Tennessee, we can help. At Rainwater, Holt & Sexton, our law firm has the experience and resources needed to tackle even the toughest truck accident cases. Call us today to set up a free initial consultation to learn more about your legal options after an accident with a semi. GET FREE CONSULT NOW
Can You Switch Lawyers in the Middle of a Personal Injury Case?
Hiring a lawyer after a serious accident is one of the best decisions you can make. However, choosing the right lawyer after an injury accident is difficult and complicated. After all, there are a lot of personal injury firms in Arkansas and Tennessee. It may feel overwhelming to have so many choices. How do you... Read more »
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 »
Car Accident Property Damage
Car Accident Property Damage & When to Get a Lawyer After a car accident, there is one thing almost all crash victims do. They get out and look at the damage to their cars. Why? Because everyone is worried about their property damage. Fixing a car that has been in an accident can be expensive and can take a long time. During that time, it is difficult to get to work, run errands, and attend appointments. As such, crash victims often want to get their car repaired quickly, so they can get back to their lives.
Airbags Didn’t Deploy – Do I Have a Case?
Do I Have a Case if My Airbags Didn’t Deploy During My Car Accident? When you get into a car accident, you trust that your car’s safety features will protect you from harm. After all these features are designed to protect drivers and passengers from the extreme forces of the crash. While they cannot prevent all injuries, they do reduce the severity of the injuries suffered. But what happens when your airbags don’t deploy during a car accident? In some situations, this could be the result of a manufacturing defect. When a manufacturer’s negligence or defective design results in your injury, you may be able to file a claim or lawsuit seeking damages. However, these types of cases are complex and difficult to navigate on your own. As such, it is important to speak to an experienced Arkansas product liability lawyer immediately to explore your legal options.
What is the Car Accident Statute of Limitations in Arkansas?
What is the Car Accident Statute of Limitations in Arkansas? 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. What is the Statute of Limitations for a Car Accident in Arkansas? The Statute of Limitations is a state law that sets limits on the amount of time you have to bring a lawsuit to court. This legal rule varies by state and by cause of action. For example, in Kentucky and Tennessee, the restriction for taking legal action in an accident is one year, while in Maine and North Dakota it’s six years, and in Oregon, it’s ten years. For residents of Arkansas, you have three years from the date of the collision to file a lawsuit for negligence that causes a motor vehicle accident that causes injury or death. The statute of limitations will not affect your accident claim if you bring it to court before the three-year limit expires. One reason statutes of limitations exist is to preserve valuable evidence in a case. Much of the testimony of eyewitnesses, as well as the physical evidence, is eroded after years have passed. It is important for this information and evidence to be preserved and used quickly in a court of law to establish liability. Another reason statutes of limitations exist is to protect defendants from litigation years after an incident occurs. GET FREE CONSULT NOW
Arkansas Pedestrian Traffic Laws Did you know that every year in Arkansas, an estimated 25 pedestrians die in accidents that could have been prevented? From hit-and-run accidents to drunk driving crashes, pedestrians face numerous dangers when crossing the road. Pedestrians are the most vulnerable people on the road. There is no protection between them and the surrounding vehicles. After all, the human body is not made to withstand the forces of a car accident. Even when accidents occur at low speeds, pedestrians can suffer serious and fatal injuries. From broken bones to serious head injuries, injuries suffered in pedestrian accidents often result in long-term disability, pain, and suffering. To help protect Arkansas pedestrians from harm, local and state lawmakers have passed numerous laws throughout the state. These laws help to keep pedestrians safe from the many vehicles that share the road with them. In addition, lawmakers from Little Rock to Pine Bluff have begun to evaluate and improve the various infrastructures throughout the metropolitan areas. These improvements seek to address safety concerns and create better traffic flow throughout the city. They also provide new and safer pedestrian paths and crossings to accommodate the growing number of pedestrians in urban areas. Contact Us for Free Case Evaluation
When Should I Get An Attorney for a Car Accident?
When Should I Get An Attorney for a Car Accident? After an accident, car accident victims are often left to deal with serious injuries and rising medical bills on their own. Insurance companies often offer accident victims a low-ball settlement that is just a fraction of what they need to recover. These insurance companies don’t have your best interest in mind—the only people they have in mind are their shareholders and reducing their liabilities. They may pressure accident victims into signing a settlement too quickly and you could end up with less than you need to cover your injuries. The moment your accident occurred, a clock started ticking. It’s a countdown to the first financial hit coming your way as a result of your injuries. For most folks, that first hit is a missed paycheck. Then the first medical bill comes in, and there won’t be just one. Pretty soon, you find yourself with a financial problem that you don’t know how to solve. That’s why it’s important that you call one of our experienced car accident attorneys as soon as possible following your accident. This ensures that our team can collect important evidence and witness accounts that could be lost over time. It also allows our legal team to go to work quickly to build a strong case for you. The sooner you call, the sooner you can get the compensation you deserve for your accident. GET FREE CONSULT NOW Steps to Take After a Car Accident Immediately after you are injured in a car accident, there are steps you can take to help you collect the compensation you need. Call 911 – Call 911 and report your accident, which helps alert both police officials and emergency medical teams to the scene of the accident. Your police report and your medical report will be invaluable when establishing fault and liability. Without them, it’s just your word against theirs. Gather Evidence – Gathering evidence can be done easily now that we have smartphones. Snap pictures of license plates, eyewitness information, vehicle damage, traffic patterns, intersections, and any other important information that could help your lawyer establish fault. Contact a Lawyer – Insurance companies will always seek to reduce their liabilities by offering accident victims a low-ball settlement offer. This is usually a fraction of what you need to recover. Contact an experienced car accident attorney immediately to begin building your case. Remember, contacting an attorney is not the same thing as filing a lawsuit. What Not to Do After a Car Accident While it’s important to know what to do after a car accident, it’s equally important to know what NOT to do. Immediately after your accident, avoid making these serious car accident mistakes. Not Reporting Your Accident – Sometimes it can be tempting to just exchange information with the other driver and go on your way, especially if you don’t believe you’ve been injured. Unfortunately, some car accident injuries can take days and even weeks to become fully apparent. Always report your accident and obtain a police report. Admitting Blame – It’s human nature to apologize – even when we are not wrong. Yet after a car accident, saying “I’m sorry” can be used to show that you admitted fault for the crash. Even if you believe that you were partly to blame, do not admit fault. Accepting Settlement – The insurance company will often use a “take it or leave it” approach to pressure injured accident victims into accepting a settlement that is far below what they need to truly recover. Don’t sign anything without first speaking with an attorney. What is the Statute of Limitations? In the state of Arkansas, car accident victims only have three years from the date of the accident to file a claim. While this may seem like a lot of time, three years can pass quickly after a crash. You may be injured severely and focused on recovery and on improving your life. You may be struggling to make ends meet and trying to help your family stay out of bankruptcy after an accident. During this time, valuable evidence might get lost or even destroyed. Contact an experienced lawyer for your car accident immediately to begin building your case and to avoid missing any critical deadlines. If you’ve been injured in a car accident, don’t wait to get the legal help you need. Call our car accident attorneys today for a free consultation. We’re ready to help you get maximum compensation for your injury claim. When to Call a Lawyer Not everyone who has been involved in a car accident will need to seek legal representation. However, if your accident was severe or complex, then it’s necessary to call a lawyer as soon as possible, so they can begin building your case. If any of the following apply to your situation, call a lawyer right away: Any accident that causes significant injury to you or someone else Any accident where fault is not clearly established Any crash involving another motorist, such as a pedestrian, other cars, truck, or cyclist Any collision in a school zone Any crash in a construction zone or work zone Anytime you disagree with the police report Any crash involving an underinsured or uninsured driver Anytime insurance companies send mixed messages or offer confusing answers to liability concerns Small fender-benders often will not require the assistance of an attorney, however, there are special circumstances where an attorney’s services could be invaluable after a minor crash. These include: Minor collisions that result in significant vehicle or property damage Any injuries to a passenger in your own vehicle or to yourself Any significant work missed by you or your passengers Problems dealing with car repairs and insurance limits The sooner you contact an attorney, the better. In the state of Arkansas, you only have three years to file a personal injury claim. While that may seem like a lot of time, valuable evidence can be lost or destroyed in just a few weeks. That’s why injured accident victims should call an attorney as soon as they are able, even if they’re not certain they wish to file a lawsuit. Our lawyers offer a free consultation and review of your case and we can help you choose the legal path that is best for you and your family. Call us today at (800) 434-4800 to learn more. What to Provide Your Lawyer Make sure your meeting runs smoothly by providing your lawyer with the following information: Contact information Key facts about your case Police report Medical records Financial documents or medical receipts Photos of accident scene or damage Witness contact information and statements When to File A Claim Once you’ve met, your attorney will investigate all aspects of your case and begin negotiating with the insurance company. Remember, a personal injury claim is different from a personal injury lawsuit. A personal injury claim is between you and the at-fault driver’s insurance company and involves a series of negotiations. At Rainwater, Holt & Sexton, our Arkansas personal injury lawyer are skilled negotiators who obtain maximum compensation for our injured clients. If the insurance company plays hardball, however, you may need to file a personal injury lawsuit against the negligent party to seek damages. This often occurs when the insurance claims adjuster denies who was at fault for the accident or doesn’t agree with the severity of your injuries. When negotiations stall and a settlement cannot be reached, the next step is a personal injury lawsuit.
Motorcycle Safety Gear
Your Ulitmate Guide to Motorcycle Safety Gear As a motorcyclist, there’s little standing between you and the open road. Thrilling as this may be, it’s also dangerous — you have to brave the elements, dodge road debris, and maneuver through tight spaces, all without the added protection of airbags and seatbelts. To minimize the risk of serious injury, proper safety gear is a must-have. The Arkansas motorcycle accident attorneys at Rainwater, Holt & Sexton know the importance of wearing safety gear while riding. That’s why we’ve compiled everything you need to know about staying protected on the road: the type of gear you should purchase, the top brands to keep an eye out for, and extra safety tips to help you avoid accidents while riding. Here’s our ultimate guide to the best safety gear for Arkansas motorcyclists.
Arkansas Motorcycle Helmet Laws
Guide to Arkansas Motorcycle Helmet Laws Arkansas is home to more than 76,000 motorcyclists for good reason. Bikers here enjoy beautiful winding scenic rides during a large portion of the year. From the Arkansas Pig Trail to the Melbourne Run, there is no shortage of fun motorcycle rides in the “Natural State.” As a motorcyclist here in Arkansas, it is important to follow the rules of the road, as well as all applicable motorcycle helmet laws. Motorcycle helmet laws can prevent you from suffering serious injury and harm if you are involved in an accident. In fact, it is often your only form of protection during a crash. But are you required to wear a helmet at all times? What happens if you do not wear a helmet? Understanding Arkansas’ motorcycle helmet laws is an important part of staying safe out on the open road. Learn More About What to do After a Motorcycle Accident Motorcycle Helmet Law in Arkansas Helmet laws help protect motorcyclists from suffering serious injury and harm. However, not all states have universal helmet laws. Arkansas is one of them. In 1997, the state’s mandatory motorcycle helmet law was repealed . Instead, legislators enacted a law that only required motorcyclists and passengers under the age of 21 to wear a helmet. This repeal had significant consequences for motorcyclists. A 6-year retrospective study found that after the repeal, motorcyclists had significantly more severe head and neck injuries. In addition, they suffered higher medical expenses and more fatalities. The researchers concluded that the repeal of the mandatory helmet law was associated with an increase in the non-helmeted crash scene fatality rate and disproportionately higher hospital admission rates. After Arkansas repealed their universal helmet law, more riders and passengers were seen on their bikes without a helmet. In states like Arkansas who do not have a universal helmet law, only 60 percent of riders actually wear helmets. In mandatory helmet states, 97 percent of bikers wear helmets while riding. Why Should You Wear a Helmet? Even though Arkansas motorcyclists 21 and older are not required to wear a helmet when riding, it is still the safest thing to do. Helmets decrease the chances of suffering a serious and life-threatening injury. In fact, studies have shown that helmets reduce the risk of death by up to 42 percent . Unhelmeted riders are also 3x more likely to suffer serious and fatal traumatic brain injuries than helmeted riders. According to the CDC , one study found that wearing a motorcycle helmet actually reduces your risk of suffering a brain injury by up to 69 percent. Unfortunately, some bikers believe that wearing a helmet increases their risk of suffering neck injuries. They are also concerned that it will impact their peripheral vision and hearing. However, there are no credible studies that back up these fears and concerns. In fact, more than a dozen studies have actually found the opposite to be true. Wearing a helmet does not restrict your ability to hear horns or traffic noises, nor does it obstruct your view when changing lanes. Wear DOT-Approved Helmets Only In order to protect yourself from serious head injuries, it is important to choose a DOT-approved motorcycle helmet. You can choose from full face helmets, open face helmets and half helmets. Full face helmets provide the most coverage and protection. Half helmets provide the least amount of coverage, but are better than not wearing a helmet at all. However, studies have shown that bikers wearing half helmets were twice as likely to suffer traumatic brain injuries than those wearing full face or open face helmets. Wear High Visibility Helmets Another aspect to consider when choosing a helmet is visibility. While black may seem cool, it is less likely to help you stand out in traffic and on the open road. Consider a colorful helmet that has reflective properties as well. If your motorcycle helmet does not have reflective strips, you can purchase reflective tape to add to it. Why is color and reflection so important? It can help other drivers see you on the road! A study by BMJ found that riders wearing bright or reflective motorcycle gear had a 37 percent lower risk of crash. When riders simply wore a white helmet, they had a 24 percent lower risk of getting into a motorcycle accident than riders who wore black helmets. Injured in an Arkansas Motorcycle Accident? If you or someone you love has been injured in a motorcycle accident, we want to be the only law firm you call. With seven offices in Arkansas and Tennessee—Little Rock, Springdale, Conway, Bryant, Hot Springs, Jacksonville, and Memphis—our motorcycle injury lawyers are here whenever you need guidance!
Broken Bones & Fractures Attorney Little Rock, Arkansas
Broken Bones & Fractures Lawyer in Arkansas Common Auto, Truck and Motorcycle Accident Injuries Approximately six million people in the United States break a bone each year. These fractures range from minor breaks to more serious compound fractures. While any type of trauma can cause a bone to break, car, truck and motorcycle accidents are some of the most common causes. Unfortunately, after a car or truck accident, injured accident victims do not always take fractures seriously. They may believe that their injuries are not that severe and that they will make a full recovery after the initial treatment is done. This is far from true. Many car accident victims lose range of motion or suffer from chronic stiffness and pain long after the injury has healed. While minor fractures may not pose any long-term danger, more serious fractures can result in significant complications, impairments, and a lifetime of chronic pain and suffering. This is why accident victims need an experienced Arkansas law firm and skilled car accident lawyer in their corner. Your personal injury attorney will be able to help you obtain the money you need to recover after a significant fracture. CONTACT US FOR A FREE CONSULTATION
Traumatic Brain Injury Lawyer in Arkansas Common Injuries from Auto, Truck and Motorcycle Accidents You get into a car accident and bump your head on the steering wheel. It’s just a bump, and you feel lucky to be alive. Unfortunately, what may seem like an innocent blow to the head could be something more serious: a brain injury. Brain injuries are common after car and truck accidents. During the crash, the head can hit hard objects in the vehicle, such as the dashboard, window, and steering wheel. When this occurs, the brain can suffer from trauma. This trauma can be a serious and life-threatening brain injury, or it can be a milder form of brain injury known as a concussion. Yet, even concussions can result in significant complications, impairments, and a lifetime of chronic pain and suffering. That is why concussion accident victims need a skilled Arkansas car accident lawyer and trusted law firm on their side from the very start. Your personal injury attorney will be able to help you obtain the money you need and the compensation you deserve so you can put your life back together again after a brain injury. CONTACT US FOR A FREE CONSULTATION
Whiplash Lawyers in Arkansas Auto, Truck, Equipment, and Workers’ Comp Accidents in Little Rock and Beyond The forces of an accident can be severe and can damage the delicate muscles, ligaments, and tendons in the neck. The same can occur with trauma from a slip and fall, equipment accident, nursing home abuse, or assault. Due to the nature of these injuries, the full extent of damage is not always fully apparent right after a crash or other accident. However, in the hours and days following the accident, victims may begin to experience pain, stiffness, and numbness in their neck and extremities. Whether you feel all the effects of whiplash right away or start to experience them later, it is important to seek medical help immediately and then speak with an experienced personal injury lawyer as soon as possible. Neck injuries, such as whiplash, can result in a lifetime of pain and disability if they are not treated promptly. Even with good medical care, some injured accident victims will develop chronic neck pain and impairment. As such, it is important to contact an experienced Arkansas car accident lawyer as soon as you can after your accident. Your personal injury lawyer will be able to protect your rights to full and complete compensation, no matter how serious your injuries may be. CONTACT US FOR A FREE CONSULTATION
Poor Highway Design
Poor Highway Design Common Causes of Auto Accidents The Federal-Aid Highway Act of 1956 gave birth to the massive network of interstates and highways that traverse our vast country. Construction of the Interstate Highway System took nearly 40 years and was finally proclaimed “complete” in 1992. Today, more than 25% of all vehicle miles driven in the United States are on the Interstate Highway System. The original planners envisioned a massive network of freeways and highways stretching across the United States. This network was intended to safely transport the ever-growing number of vehicles in the country. While these intentions were good, the design of the highway system had some major flaws and has actually led to significant problems over the years. Car accidents on the highways and interstates are frequent and have numerous causes. Speeding, reckless driving, and intoxicated drivers make highways a dangerous place to be, especially during rush hour. However, another common cause of car accidents may very well be the road design themselves. Unfortunately, poor road design isn’t always easy to prove. Accidents that are caused by defective highways or poor road design require the skills of an experienced and aggressive law firm with the extensive resources needed to tackle these complex cases. Accidents caused by poor road or highway design Poor highway design is more common than many people believe. These defects and flaws in the road can cause serious and fatal accidents in Arkansas and Tennessee. Mistakes can occur at any point during the design, building, or maintaining of the highways. Construction errors can lead to joints popping up on the road, faulty repair jobs can result in increased potholes, and design flaws can result in sharp and deadly turns. Some of the most common types of poor highway designs are: Blind curves Poor guardrail placement or broken guardrails Poor geological consideration Steep shoulders No shoulders Poorly designed intersections Landscaping which obstructs vision Damaged or missing signs Roads not treated properly for snow or ice Poor lighting Poorly maintained streets Curves not graded properly Bad exit ramps Median barrier flaws Poor highway design can cause serious and fatal accidents. Here are some real-world examples of poor road design and how they can cause an accident. A guardrail that has not been properly placed or one that is broken will not protect vehicle occupants from injury during a crash. It can even cause the car to flip over the guardrail, leading to more catastrophic injuries. Potholes may seem like no big deal, but if you hit a bad pothole while traveling 55 mph on a highway, you could lose control of your car or have a tire blowout. This can cause you to run off the road or into other vehicles. Dangerous intersections may have malfunctioning lights, or there may be foliage obstructing your vision of traffic signs. This can cause you to run through the intersection and into oncoming traffic. A shoulder on the road is intended to provide a safe area for drivers if they need to pull over or if their car is malfunctioning. Inadequate shoulders could put your car in danger and may not allow you to exit your vehicle safely. Who Is at Fault for Accidents Caused by Poor Road Design Government agencies in Arkansas and Tennessee have a responsibility to design, build, and maintain the roads in these communities. If you believe that your accident was caused by poor highway design or maintenance, you may be able to file a claim against the appropriate government entity or the construction company that failed to meet the expected standard of care. Typically, in order to find fault, you must clearly establish that the road was designed or built with flaws or defects. If your accident was caused by improper road maintenance, you must show that the government entity knew or should have known that the road needed repair or maintenance and then failed to take appropriate action. If your claim is against the government entity, you must act quickly. Car accident victims only have a short amount of time to file a lawsuit against a government agency. As such, it is important to speak to an experienced and skilled car accident attorney immediately. We’re There When You Need Us If you’ve been injured in a car accident and you believe that poor road design caused your crash, speak to an experienced and skilled car accident lawyer immediately. Poor road design cases are complex and require a law firm with the experience and resources needed to fight these difficult claims. At Rainwater, Holt, & Sexton, our car accident attorneys fight aggressively for your future and will negotiate with the auto insurance companies on your behalf every step of the way.
Drowsy Driving Car Accidents
Drowsy Driving Accident Lawyers According to the CDC, more than a third of all adults do not get the recommended sleep they need to function properly. The results can be catastrophic when adults don’t get the recommended hours of sleep. Drowsy driving is one of the main causes of car accidents across the United States, accounting for at least 20% of all fatal crashes every single year. Even missing an hour of sleep can double your risk of getting into a crash. According to the AAA Foundation for Traffic Safety, missing two or three hours of sleep increases the risk of crashing by 400%. When a drowsy driver injures you or someone you love, you need a law firm on your side with experience handling these cases. You need Rainwater, Holt & Sexton. Our Arkansas drowsy driving accident attorneys have decades of experience building – and winning – cases against drowsy drivers. Call us today to schedule a free consultation and to learn more about your legal options.
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 »
Distracted Driving Accident Lawyers The emergence of smartphones and on-board infotainment systems has led to a dangerous epidemic of distracted driving. At every moment of the day, it is estimated that more than 660,000 people are using their cellphones while driving. In 2017 alone, distracted drivers claimed 3,166 lives and caused thousands of injuries, according to the National Highway Traffic Safety Administration. The National Safety Council has reported that cellphone use while driving causes more than 1.6 million crashes every single year. Even worse, because it is often difficult to prove distracted driving, these statistics may be just the tip of the iceberg. If you or someone you love has been injured in a distracted driving accident, your whole world may have been turned upside down in the blink of an eye. You are entitled to seek compensation for your injuries and for the damages you have suffered. The at-fault distracted driver is responsible for compensating you and your loved ones after a serious accident. Unfortunately, receiving the money you need – and deserve – isn’t always easy. Without an experienced Arkansas and Tennessee car accident attorney on your side, you may not recover enough to pay all of your expenses and losses both now and in the future. At Rainwater, Holt & Sexton, our distracted driving attorneys are here to help every step of the way. We’ll connect you with a talented car accident lawyer to ensure that you get the full compensation you deserve. Contact Us Now
What to Do After a Motorcycle Accident
What to Do After a Motorcycle Accident in Arkansas The aftermath of a motorcycle accident is chaotic. You may face serious physical injuries, mental trauma, and financial hardship. You may be unable to work and provide for your family as you attempt to rebuild your life. Motorcycles don’t have reinforced steel cages and airbags protecting their riders from injury. Motorcycles expose their riders to the harsh weather and the dangers of the open road. When an accident does occur, motorcyclists may suffer permanent disfigurement, long-term disability, or mental trauma. During this traumatic time, creditors and insurance companies often pressure injured accident victims to settle quickly. They do this to minimize their liabilities because they know how traumatic and life-changing motorcycle accidents can be. They want you to agree before you realize the severity of your injuries. While this may seem unfair, it is why motorcyclists need an Arkansas motorcycle accident lawyer on their side from the very start. The primary step you need to take after a severe motorcycle accident in Arkansas is to contact an experienced motorcycle crash attorney. You have enough on your plate just dealing with your injuries and your recovery. Let a motorcycle accident lawyer fight for you and collect the evidence you need to reach a fair settlement. If you are injured after a motorcycle accident, there are some steps you can take to help your lawyer build your case. The actions you take immediately following the accident could significantly impact your ability to collect compensation after your crash. GET FREE CONSULT NOW
Determining Fault in a Trucking Accident
Determining Fault in a Trucking Accident If you’ve been injured in a trucking accident in Arkansas, your life may never be the same. Trucking accidents are serious and complex – and they’re often life-changing. Trucking accident victims often face a long road to recovery, and many are left with permanent disabilities. But, the law is on your side. Negligent truckers, trucking companies and manufacturers can – and should – be held liable for your injuries and for the damages they caused. However, determining liability in a truck accident case is not as straightforward as it might first seem. Unlike a simple traffic accident, more players are involved including the driver, the owner of the truck, the entity that leased the truck from the owner, as well as many others. Sadly, due to the sheer size and weight discrepancy between commercial trucks and passenger vehicles, these accidents are often fatal. When an 80,000-pound commercial big rig collides with a 3,000-pound passenger vehicle, the results can be deadly. Commercial accident victims and their families need an experienced and compassionate trucking accident lawyer on their side from the very start. Your lawyer can protect your rights throughout the legal process, no matter how serious the accident and injuries may be.
Motorcycle Safety Tips
According to the National Highway Traffic Safety Administration, 5,286 motorcyclists lost their lives in traffic crashes in 2016 alone. This represented a 5.1% increase in fatalities from the previous year. In 2015, more than 88,000 motorcyclists were injured in crashes that ranged from serious drunk driving crashes to minor low speed accidents. Unfortunately, even in... Read more »
Types of Compensation after Auto Accident
Types of Compensation After an 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. GET FREE CONSULT NOW
Are Passengers Eligible for an Insurance Claim?
Dealing with the aftermath of an auto accident as one of the drivers in the accident can be complicated and frustrating, however if you are a passenger in an auto accident, you may face even more complex issues. Imagine you are the passenger in a vehicle in which the driver is hit by another driver... Read more »
Farm Equipment Injury Claims in Arkansas
Arkansas is known for the incredible produce grown by our farmers. From being the leading producer of rice in the country, to growing staple crops such as cotton, corn, and grain, Arkansas is an important component in our nation’s hard-working farming community. But with that hard work comes risk. Heavy machinery is a must for planting and harvesting, which... Read more »
Why is a medical lien filed against me?
You were injured in a wreck that was not your fault. You are hurt, scared, mad, and more than a little confused as to why you are getting the bills when you were innocent in all of this? The bills you can handle, but A LIEN??!! What is this document you just received and why... Read more »