In The Event Of A Car Accident, Do I Need An Attorney?
As the weather gets warmer, more cars are on the road. And unfortunately, not everyone follows the rules of the road. In 2022, the main auto fatalities in Arkansas were due to lack of a seatbelt or other restraint (45%), driving under the influence of alcohol (24%), and speeding (22%).
These statistics only cover fatal car accidents, which occur when someone passed away in the crash. All other crashes, even those resulting in serious injuries, are not included in these statistics.
In regards to automobile accidents, anyone may file a lawsuit seeking additional compensation for their physical, emotional, or vehicle damages outside of the insurance payout received. With a reliable injury attorney on your side, you’ll be represented in court by a legal professional who can help fight your case in front of a judge.
Who Is At Fault For An Auto Accident?
First and foremost, anyone who was in an automobile accident should never admit or imply fault. Making a definitive statement of fault will be held against someone by the insurance companies, so it’s important for everyone involved to give basic details and let the insurance decide which party caused the accident.
We’ll review three separate decisions by automobile insurance companies and discuss how they may apply to traffic incidents:
The Other Party Is At Fault
Arkansas requires that every vehicle owner possesses liability insurance. At minimum, each automotive owner must have:
- $25,000 coverage for bodily injury
- $25,000 coverage for the other party’s property damage
- $50,000 coverage per accident
Therefore, if the other party is at fault, their insurance will be responsible for paying out the accident victim. However, the insurance check isn’t always enough for the car damage or the pain and suffering of the victim. If you find yourself struggling, physically or emotionally, after a car accident, you’ll want to seek a consultation with an injury attorney to determine if you have a court case.
You Are At Fault
In instances where the insurance companies have determined you were at fault for an accident, you could be at risk of being sued by the other party. This is especially true if there was negligence involved, such as distracted driving, driving under the influence of substances, breaking automobile rules (like speeding or running lights), and recklessness.
If you are to be found at fault and face a lawsuit from the affected party, the sooner you contact an attorney, the better. Without representation, you could be left paying thousands of dollars to the plaintiff. With the rise of staged automobile accidents, you will want a lawyer to help defend your case.
Both Parties Were Found At Fault
In certain situations, both parties may have a percentage of fault for the accident. As referenced in a previous blog post, “Understanding Comparative Fault Laws in Arkansas: When More Than One Party is At Fault” we outlined various situations where both parties share fault.
In terms of auto accidents, this could be an incident where one person was speeding, but the other ran a red light. But these cases are complicated, and if you leave everything up to insurance, you may end up with raised fees and an expensive lawsuit from the other party.
Trust Hickey & Hull’s Injury Attorneys To Assist In Your Case
No one ever wants to experience a car accident, and sometimes, you don’t always receive fair compensation for damages. Regardless of who is at fault for an automobile crash, consult with a local Arkansas attorney to learn if you have a case against the other party.
Click here to learn more about our dedicated legal team and schedule your initial consultation today.