Archive for month: June, 2021

Personal Injury Due to Car Accident

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The National Highway Traffic Safety Administration (NHTSA) reports that in 2018, the most recent year for which statistics are available, 516 people in Arkansas were killed in car accidents. More than half of those accidents occurred in rural areas. In addition to those killed, thousands were injured, many of them were injured so severely their lives will never be the same. If you are seriously injured in a car accident, you need the help of an experienced personal injury lawyer.

Why You Need an Attorney

According to Arkansas law, in order to collect damages, you must prove the accident was the other driver’s fault. In many situations, the insurance company for the other driver will try to prove you were at least partially at fault. If you are found to be 49 percent at fault, you will not be able to collect for your injuries.

An experienced personal injury lawyer like those you will find at Elliott & Smith will know how to thoroughly investigate the case in order to prove fault and defend you against allegations that the accident was your fault.

Most Common Causes of Car Accidents

Almost all car accidents are due to human error. Some of the most common causes are:

Distracted driving. There are many ways drivers become distracted. They text, talk on the phone, have conversations with their passengers, deal with children’s issues, eat, comb their hair, put on make-up, the list could go on and on.

  • Alcohol impairment.
  • Speeding.
  • Bad weather conditions.
  • Road in disrepair.
  • Swerving to avoid debris in the road.
  • Tailgating.
  • Tire blowout.

Damages Available to Those Injured in Car Accidents

Collecting “damages” means you are compensated for losses you suffered due to the accident. Some examples of damages available to you include:

  1. Medical expenses. This includes current expenses and if you were injured so severely you expect to need medical treatment, you are entitled to be compensated for those future expected costs.
  2. Lost wages. What you lost in the aftermath of the accident and what you expect to lose in the future if you are unable to work or must change occupations due to the extent of your injuries.
  3. Costs of physical rehabilitation if required.
  4. Cost of job retraining if required.
  5. Cost of long-term medical or nursing care.
  6. Pain and suffering.

There may be other damages depending on the unique circumstances of your case.

If someone you love was killed and you file a wrongful death suit, your Northwest Arkansas accident lawyer will discuss with you the damages available in that situation.

If you were injured in a car accident, or someone you love was killed, contact us at our Elliott & Smith Law Firm for a free consultation. We have more than 100 years of combined experience in helping people collect the damages to which they are legally entitled. We are open during the COVID-19 Pandemic and can arrange for phone consultations.

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Accidents Caused by Auto Defects

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Driver error is the most common reason that accidents occur.
However, sometimes the cause of the crash is beyond your control for many reasons. It may be that the other driver ran into you or that a pedestrian jumped out in front of you.

Car accidents also sometimes occur because there is something wrong with your car. Auto defects can also make some accidents worse, such as when seatbelts or airbags do not work correctly. According to personal injury attorney, Don R. Elliott Jr., “in many situations, you cannot tell that there is something wrong with your car until it’s too late.”

Auto Recalls: The 2020 Ford Expedition
The 2020 Ford Expedition has now had three recalls to address various defects, including:

  • Inaccurate display of the gear position
  • Improperly assembled seat recliners
  • A malfunction with the belt tension sensor in the front passenger seat belt buckle

For example, the malfunction with the seat belt buckle does not compromise the seat belt itself, but it can result in situations where the airbag does not go off in a crash. In those cases, you do not have the protection you thought you had.

Injuries and damages can be significantly worse if safety features do not work properly.

Legal Responsibility for Auto Defects in Arkansas
Automobile and auto part manufacturers have a duty to you to ensure that their vehicles and parts are reasonably safe for their intended use. They are also required to warn consumers when their products are dangerous, even when that danger is discovered later.

Personal injury lawyer J. Timothy Smith explains, “If an auto manufacturer violates this duty, then they may be required to pay your medical bills, lost wages, and other losses if you are harmed because of the defect.”

Vehicle Repairs and Recalls
When an auto manufacturer, like Ford, discovers that there is a problem with their vehicle, they will often issue warnings and recall the car or ask drivers to take their vehicle into a Ford dealer to be repaired.

Drivers should take care to be aware of these issues and repair their vehicles. Places like Ford will usually send you a letter that describes the recall and indicates how you can fix it. Unfortunately, not all messages will reach the right person, and you may not know that your car has a recall.

You can check to see if your vehicle has had a recall by visiting Safercar.gov. Keep in mind, however, that not every default will trigger a recall.

If you have been in an accident, and you think a defect contributed to your injuries, get legal help from a car accident lawyer. You may have options to get reimbursed for your damages, even if there was a recall. Contact Elliott & Smith Law Firm today for more information.

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