Arkansas
Drunk Driving Accident Lawyer

If you or a loved one has been injured in a crash involving an impaired driver in Arkansas, you are likely dealing with physical pain, emotional distress, and uncertainty about what comes next. At this moment, you might be wondering how you can seek compensation for the injuries and losses you’ve suffered—and how to hold the drunk driver accountable for their reckless actions. 

This is where a skilled Arkansas drunk driving accident lawyer can take the lead and help guide you through the legal process while you focus on healing. A drunk driving crash isn’t like other car accidents. These cases may involve both criminal and civil charges that affect your claim.

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Your Guide to Drunk Driving in Arkansas

James Helm, Personal Injury Lawyer

Understanding Arkansas DUI and DWI Laws

Arkansas has strict laws in place to prevent drivers from operating vehicles while impaired by alcohol or drugs. Arkansas law recognizes two types of impaired driving offenses: Driving Under the Influence (DUI) and Driving While Intoxicated (DWI).

  • DWI: In Arkansas, a DWI is typically charged when a driver’s blood alcohol concentration (BAC) is 0.08% or higher. For commercial drivers, the threshold is lower at 0.04%, and for drivers under the age of 21, a BAC of 0.02% or higher can result in a DWI charge. A DWI also applies to drivers impaired by drugs—whether illegal, prescription, or over-the-counter medications.
  • DUI: A DUI in Arkansas usually refers to drivers under 21 years old who operate a vehicle with a BAC of 0.02% or more but less than 0.08%. This “zero tolerance” policy helps discourage underage drinking and driving. 

If you were injured in an accident caused by a driver who was impaired by alcohol or drugs, Arkansas DUI and DWI laws can play a crucial role in your personal injury claim. A car accident lawyer with experience in drunk driving accident cases will understand how to use these laws to pursue compensation on your behalf.

How a Lawyer Can Help You After a Drunk Driving Accident

If you are considering filing a personal injury claim after a drunk driving accident, you don’t have to take on the burden of legal action alone. An experienced attorney can guide you through the process and handle the complexities of the case, allowing you to focus on your recovery. Here are a few ways a lawyer can help:

  • Investigating the Crash: Your lawyer will conduct a thorough investigation into the circumstances of the accident. This includes gathering evidence like police reports, witness statements, and any available video footage and reviewing the results of field sobriety tests or breathalyzer tests administered to the driver at the scene.
  • Proving Liability: To hold the drunk driver responsible, your lawyer will need to demonstrate that their impaired driving directly caused the accident and your injuries. Arkansas’s drunk driving laws, along with evidence of the driver’s intoxication, can significantly strengthen your claim.
  • Filing a Personal Injury Claim: A lawyer can help you file a personal injury claim against the drunk driver or their insurance company. They will advocate for compensation that covers your medical bills, lost wages, pain and suffering, and any other damages you have incurred because of the crash.
  • Negotiating With Insurance Companies: Insurance companies may attempt to minimize the compensation you receive. Your lawyer will handle all communications and negotiations with the insurance company to ensure that you receive a fair settlement.
  • Preparing for Trial: In some cases, the insurance company refuses to offer a reasonable settlement through negotiations. Your lawyer can file a personal injury lawsuit and take your case to court. If your case goes to trial, your lawyer will represent you in court and work to present a compelling case for your damages.

Holding the Drunk Driver Accountable

One of the main goals of a personal injury claim is to hold the drunk driver accountable for their reckless actions. In Arkansas, a driver who causes an accident while impaired by alcohol or drugs can be held civilly liable for the injuries and damages they cause. This means you can pursue a personal injury claim against the driver, even if they are also facing criminal charges.

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How Criminal Charges Affect Your Personal Injury Claim

If the drunk driver is criminally charged with a DUI or DWI, it can benefit your personal injury case. A criminal conviction can serve as strong evidence of the driver’s negligence and make it easier to prove liability in your civil case. 

However, it’s important to note that a criminal case and a personal injury claim are separate legal matters. A personal injury claim focuses on compensating you for the harm you’ve suffered, while a criminal case aims to penalize the driver for breaking the law. 

Even if the driver is not convicted in the criminal case, you can still pursue a personal injury claim. Civil cases have a lower burden of proof, meaning you don’t need to prove the driver’s guilt “beyond a reasonable doubt” as in a criminal trial. Instead, your lawyer only needs to show that the driver was “more likely than not” responsible for the accident and your injuries.

Arkansas Laws That Affect Drunk Driving Accident Claims

Several Arkansas laws may influence your personal injury claim after a drunk driving accident. Here are some of the most relevant laws to be aware of:

  • Comparative Fault: Arkansas follows a modified comparative fault rule. This means that if you were partially at fault for the accident, your compensation could be reduced by your percentage of fault. However, as long as you were less than 50% responsible for the crash, you can still recover damages.
  • Punitive Damages: In cases where the driver’s actions were particularly reckless or egregious—such as driving with a very high BAC or causing a severe accident while intoxicated—you may be eligible for punitive damages. These damages are meant to punish the driver and deter similar behavior in the future, in addition to compensating you for your losses. Punitive damages are not guaranteed and are awarded at a judge’s discretion.
  • Dram Shop Liability: Arkansas has dram shop laws, which allow you to hold establishments liable if they served alcohol to an obviously intoxicated person who then caused a drunk driving accident. If the driver was overserved at a bar or restaurant before the crash, your lawyer may be able to pursue a claim against the establishment as well.
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Statute of Limitations for Personal Injury Claims in Arkansas

In Arkansas, the statute of limitations for filing a personal injury claim is typically three years from the date of the accident. This means you have up to three years to file a lawsuit seeking compensation for your injuries. If you miss this deadline, you may lose your right to pursue a claim, which is why it’s important to consult a lawyer as soon as possible after the accident.

Contact TopDog Law to Find an Arkansas Drunk Driving Accident Attorney

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TopDog Law Personal Injury Lawyers

Arkansas Office

116 Ottenheimer Plaza Suite 4B
Little Rock AR 72201

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