There are some statutory time limits for filing a lawsuit after a car accident in Paragould AR. After a car wreck in Paragould AR, whether you have been injured or vehicle got significant damages, the most important step is to approach an attorney for legal procedures. Identifying the fault of the driver who is financially responsible for your loss is also a key to strengthening the case.
The time limit to file a lawsuit after car wreck varies depending on the injured person's condition and the kind of lawsuit you want to file. These limits won't apply to a car insurance claim. The insurance claims you want to meet should be claimed at least within a week. It should take up to three years for the Arkansas state court to take a legal remedy for any personal injury or damages to the vehicle that happened in a car accident.
In the happening of a car wreck, whether the crash has hurt a driver, passenger, motorcycle rider, bicyclist, pedestrian, or personal property damages, you must get the lawsuit filed within three years and the clock starts running from the date of the accident.
But what happens if you have passed the time limit, and you have filed a lawsuit, the court almost certainly may grant the dismissal. That’s why it is important to understand the statutory limitations and it’s relevance to your situation. If you feel you have plenty of time to file a lawsuit and think it might be resolved through an insurance settlement may lead to embarrassment later. Keeping all your options on the table will give you more leverage during settlement talks. So if the statutory limitations like filing deadline are closer, then it may be the time to talk with an experienced Arkansas car accident attorney for completing further legal formalities.
Comparative negligence refers to the situation where more than one party is at least partially at fault for an accident. There are different approaches in this scenario set by Arkansas state laws. You can recover against who was more at-fault than you were, but your financial recovery will be reduced by a percentage. The ultimate decision will depend on your ability to negotiate with an insurance claim adjuster or to convince a judge or jury. It is to be noted that you will not be able to recover anything at all under Arkansas's modified comparative negligence rule if your share of fault for the accident meets or exceeds 50 percent.
In Arkansas, drivers involved in an accident have a legal obligation to report the crash if:
The driver must report the accident to the Arkansas Office of Driver Services within 30 days of the incident.
Car wreck by hitting a pedestrian while driving a car is a difficult situation, but not uncommon. Hitting a pedestrian at a speed of over 30 miles per hour results in more serious injuries than a driver traveling only 10 miles per hour. It is important to know certain procedures for a driver to follow immediately after an accident with a pedestrian to minimize the compensation.
Car accidents with pedestrians may lead the drivers extremely scared panic after the accident. But drivers should not lose their control and must focus on the following:
Safety: First, get any injured person to a place of safety, where you can provide first aid.
Immediate Help: Contact the police, medical care providers, and insurance providers of both. If you are facing possible criminal charges for the accident, contact a car accident attorney and consult on this. Give statements about the car wreck to the police and your insurance agent.
Exchange contact information is enough but not much more. It is important to collect important records. Avoid talking extensively with the pedestrian or their friends and make statements like admitting fault which would expose you to a personal injury lawsuit. So be careful of what you say. Avoid speaking directly to the pedestrian's insurance company or attorney. It is your insurance company who can communicate with the pedestrian's attorney or rather your attorney who can interact with the insurance company, or pedestrian themselves and make you safe in the eyes of law.
Negligence caused car wreck means careless driving which has caused harm or injury to another person. A person can be negligent by failing to yield, stop for a pedestrian, or turn off lights when driving at night.
Negligence is a legal theory often used in car accident cases. A driver must use the utmost care to avoid injury to other motorists, passengers, or pedestrians. If a driver is not reasonably careful and injures someone as a result, the driver is liable for the repercussions there of and may even face legal trouble.
