Pedestrian accidents are a common occurrence in Arkansas. Whether you are walking on the sidewalks, crossing the streets, or simply strolling in a park, there is a possibility of being hit by a vehicle. Injuries from a pedestrian accident can range from minor scrapes and bruises to severe and life-altering injuries. If you have been injured in a pedestrian accident in Arkansas, you might be wondering if you can file a personal injury claim. This article will provide you with all the information you need to know about filing a personal injury claim in Arkansas.
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Understanding Personal Injury Claims in Arkansas
A personal injury claim is a legal action that you can take if you are injured due to someone else’s negligence or wrongdoing. In Arkansas, you can file a personal injury claim if you have been injured in an accident that was caused by someone else’s negligence or reckless behavior. Personal injury claims are intended to help compensate an injured party for their losses and expenses, including medical bills, lost wages, pain and suffering, and other damages.
Criteria for Filing a Personal Injury Claim in Arkansas
To file a personal injury claim in Arkansas, you must meet certain criteria. Firstly, you must have been injured in an accident that was caused by someone else’s negligence or recklessness. Negligence refers to a person’s failure to exercise reasonable care, while recklessness refers to a person’s conscious disregard for the safety of others. If your injury was caused by someone else’s negligence or recklessness, you can file a personal injury claim.
Secondly, you must have suffered damages as a result of the accident. This includes physical injuries, emotional distress, and financial losses. If you have suffered damages, you can file a personal injury claim to seek compensation for your losses.
Lastly, you must file your personal injury claim within the statute of limitations. In Arkansas, you have three years from the date of the accident to file a personal injury claim. Failure to file your claim within the statute of limitations will result in your claim being barred, meaning you cannot seek compensation for your damages.
Liability in Pedestrian Accidents in Arkansas
In Arkansas, pedestrians have the right of way in crosswalks and at intersections. Motorists are required to yield to pedestrians in these areas. However, accidents can still occur due to a motorist’s negligence or recklessness. Liability in pedestrian accidents in Arkansas is determined based on the concept of contributory negligence. This means that if a pedestrian is found to be partially responsible for the accident, their compensation will be reduced by their percentage of fault.
For example, if a pedestrian was crossing the street while on their cellphone and a driver who was texting ran a red light and hit them, both parties could be found partially responsible for the accident. The pedestrian might be found 20% responsible for not paying attention while crossing the street, while the driver might be found 80% responsible for running a red light. The pedestrian’s compensation would then be reduced by 20%.
Steps to Take After a Pedestrian Accident in Arkansas
If you have been injured in a pedestrian accident in Arkansas, there are several steps you should take to protect your rights and health.
- Call 911: If you are seriously injured, call 911 immediately and get medical attention. Even if you feel fine, it is still important to get checked out by a medical professional, as some injuries might not show up immediately.
- Collect evidence: Take photos of the accident scene, including any damage to your body and the surrounding area. Get the name and contact information of any witnesses to the accident.
- Contact the police: File a police report by calling the local police or sheriff’s office. This is an important step, as a police report can help support your claim later on.
- Contact a personal injury attorney: A good personal injury attorney can help you understand your legal options and navigate the complexities of filing a claim.
Conclusion
If you have been injured in a pedestrian accident in Arkansas, you have the right to file a personal injury claim to seek compensation for your damages. However, it is important to understand the criteria for filing a claim, liability in pedestrian accidents, and the steps to take after an accident. If you are injured, seek medical attention immediately, collect evidence, contact the police, and speak with a qualified personal injury attorney. A knowledgeable attorney can help ensure that you receive the compensation you deserve for your injuries and losses.