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Arkansas Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents for Arkansas on
Q: If a passenger causes the driver to lose control of vehicle and have a accident, should the driver receive a ticket

For careless and unattended driving?

Peter N. Munsing
Peter N. Munsing answered on Sep 11, 2019

A tough case--I had one which we won but...it was difficult. However the driver should plead not guilty as they tried their best to keep going. However be advised that if the driver kept going and didn't pull to the side of the road the court may say that it's on the driver because they allowed a... Read more »

1 Answer | Asked in Car Accidents for Arkansas on
Q: If someone clearly is the cause of an accident and has insurance, hits an uninsured person and causes injury and totals

their car, is the insured person that caused the accident still responsible for the injuries and totalled car of the uninsured person?

Tim Akpinar
Tim Akpinar answered on Aug 16, 2019

Yes. The fact that the victim didn't have insurance does not absolve the driver who was at fault. However, depending on the jurisdiction, remedies of the victim could be limited if they did not carry insurance. Also, they could face penalties for driving uninsured. You would need to consult with an... Read more »

2 Answers | Asked in Criminal Law, Personal Injury, Car Accidents and Wrongful Death for Arkansas on
Q: My brother was killed and they found the other driver at fault. The driver had no DL or insur - can they go to jail

What can our family do legally? The person said they didn't see him on his loud Harley, yet hit him on the passenger front side while making a left turn. This was in Arkansas where he lived with his wife and son.

Paul Gerard Pfeifer
Paul Gerard Pfeifer answered on Jul 3, 2019

I would recommend you contact an Arkansas injury lawyer to discuss whether anything can be done in a civil claim. Regarding whether there is criminal liability for what occurred, I would need more information and also direct you to the prosecuting attorney in the County where the wreck occurred.

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1 Answer | Asked in Car Accidents for Arkansas on
Q: daughter had suspended license,no permission, wrecked my truck, fled foot,no ins. Cop held it til caught, is that legal

Now I can't afford to get it out. Driver of other vehicle wasn't really injured but went to the hospital for dizziness.

Peter N. Munsing
Peter N. Munsing answered on Jun 12, 2019

It's generally legal for them to hold the instrument of a crime, but how long is another question. A day or two is one thing--but long enough for it to be unaffordable to get out is a matter you should call the Arkansas Civil liberties Union about. However as long as you had insurance that... Read more »

1 Answer | Asked in Car Accidents for Arkansas on
Q: A car was driving in front of me and stopped suddenly I tried avoid hitting the car but didn't is it completely my fault
Peter N. Munsing
Peter N. Munsing answered on Oct 11, 2018

Most likely the insurance will consider it so. Was there a reason for it stopping? If no reason you may have an argument that the person was "contributorily at fault," but you are supposed to leave enough room so that you can stop if there's a sudden emergency in front--a child or dog runs into the... Read more »

1 Answer | Asked in Traffic Tickets and Car Accidents for Arkansas on
Q: How can a roadway be a portion of a highway if a highway is within the boundary lines of a roadway?

Arkansas Code Annotated Title 27 Transportation Subtitle 4. Motor Vehicular Traffic Chapter 49 General Provisions Subchapter 1-- Title, Applicability, and Construction Generally

27-49-114. Definitions.

(23) "Roadway" means that portion of a highway improved, designed, or ordinarily... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 8, 2018

Means the berm shouldn't be used for travel, the highway is. Thus "driving in lanes meant for travel" is the vehicular code perverse citation for didn't stay in lane of travel and went off the side of the road.

2 Answers | Asked in Car Accidents, Criminal Law, DUI / DWI and Wrongful Death for Arkansas on
Q: Being charged W/negligent homicide & DWI. State police report says .19 BAC and local police say .09 BAC only 1 test?????

no room

James E Hensley Jr
James E Hensley Jr answered on Oct 5, 2018

Get a lawyer right away. Probably don’t need to be putting a lot of info on the web.

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2 Answers | Asked in Car Accidents and Products Liability for Arkansas on
Q: Does this apply to motorcycles as well?
Peter N. Munsing
Peter N. Munsing answered on Sep 11, 2018

What?

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1 Answer | Asked in Car Accidents for Arkansas on
Q: Can someone help with insurance claim balance?
Peter N. Munsing
Peter N. Munsing answered on Aug 21, 2018

Not clear what your situation is. If you have a claim and bills left, you need to see if you have "underinsured motorist coverage." Best thing to do, before you ink anything , is get a consult with a member of theArkasas Assn for Justice--they give free consults.

1 Answer | Asked in Car Accidents and Collections for Arkansas on
Q: can an insurance co trying to collect for what they paid in uninsured motorist policy suspend DL of person responsible

I was charged with no insurance in another persons vehicle due to an accident I was responsible for. The damaged vehicle was covered by their uninsured policy. Nationwide Insurance collection calls every theee months to say my DL will be suspended if I do not pay for damage. Is this possible?... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 21, 2018

In most states the answer is yes. Assuming you were responsible, you want to consider looking at the damage evaluation and figuring out a payment plan. Or you can consult a bankruptcy attorney but the interesting point is I've heard of cases where the debt is erased but because of the way the law... Read more »

1 Answer | Asked in Car Accidents for Arkansas on
Q: Was it illegal for a state trooper to tow my vehicle by a company when I had a trailer ready to take it home?

It's was wrecked. No alcohol was involved. Nor Noone was injured.

Peter N. Munsing
Peter N. Munsing answered on Jul 18, 2018

Not illegal--they are required to get it off the road. Tacky, lacking in public relations--possibly.

1 Answer | Asked in Criminal Law and Car Accidents for Arkansas on
Q: Is it against Arkansas law to leave a engine running car unattended ?
Stewart Whaley
Stewart Whaley answered on Apr 17, 2018

Yes. See 27-51-1306. Unattended motor vehicles.

1 Answer | Asked in Car Accidents and Personal Injury for Arkansas on
Q: Is there a statute of limitation on finalizing an auto accident suit? Treatments ended after 6 months.

I retained a lawyer right away. I received treatments for whiplash and PTSD for 6 months. It has been almost 2 years since the accident that the other party's insurance agreed their client was at fault. I have done a lot of the footwork in gathering up the bills, etc. The young secretary/ assistant... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 26, 2018

First, set up an appointment for a face to face with him. Part of the problem may be that you finished treatment, the insurance is playing a waiting game--they figure it's a "closed end" case--you recovered, it's 6 months, they can see if he'll fold. Meet with him now. Find out his plans. Certainly... Read more »

1 Answer | Asked in Car Accidents for Arkansas on
Q: Can u still sue over a vehicle accident you signed off of if u were on pain meds at the time u signed

I didn't no there would be other injuries. I had 2 have an appendectomy. My car was totaled. I'm disabled. Other vehicle was at fault

Peter N. Munsing
Peter N. Munsing answered on Mar 21, 2018

Unlikely but worth your talking to a member of the Arkansas Justice Assn where it happened--they give free consults.

1 Answer | Asked in Car Accidents for Arkansas on
Q: i hit an off-road vehicle that had fell out of a truck operated by a driver under the influence. who is at fault? Thanks
Steven Pate Harrelson
Steven Pate Harrelson answered on Mar 13, 2018

Based on my limited knowledge of the facts, it appears that the person operating the vehicle that lost the ATV would be responsible. However, if you had a last clear opportunity to avoid the accident, you could be apportioned some percentage of fault.

1 Answer | Asked in Car Accidents for Arkansas on
Q: So one hit me one the job worker comp paid for medical bills which was small amount . Worker comp put a lien on

Its being a year since the injury. My law call worker comp and the lien people no response. No my lawyer like we can hit them with a 3one and get a little and the rest later. My questions if i do that do worker comp get a have of the fist amount? Do i pay the lawer with the first amount or... Read more »

Peter N. Munsing
Peter N. Munsing answered on Dec 19, 2017

lawyer usually gets paid at each stage depending on the contract and if the stages are defineable. Suggest you sit down with your lawyer to figure out what is going on, face to face rather than over the phone.

1 Answer | Asked in Car Accidents and Personal Injury for Arkansas on
Q: If Car A is using the max allowed distance for a center turn lane, and Car B noses into the lane much closer to an inte

ection, and Car A collides into a part of or back of Car B,

1) Is Car A within right to be overtaking Car B as it is part of a left turn maneuver

2) Besides poor speed differential judgement, which party is at fault for causing the collision (Keep note: Car A is coasting/ braking... Read more »

Peter N. Munsing
Peter N. Munsing answered on Dec 19, 2017

Very difficult to tell from a verbal--you did a good job but tough to tell. You need to consult a member of the Ark Assn for Justice--they give free consults.Generally, the person who rear ends another is at fault or at least starts out by having to show the other company why they aren't at fault.... Read more »

1 Answer | Asked in Criminal Law, Traffic Tickets, Car Accidents and Insurance Defense for Arkansas on
Q: i stopped at a stop sign until all was clear for me to turn. i was struck my a motorist going over twice the speed limit

the motorist had a brand new crotch rocket motorcycle and estimated speed was over 2 times the posted speed limit as he shot around the sharp curve and hit me. it is all on video as well and with many witnesses. he had no insurance and my car is broken. what should i do?

James E Hensley Jr
James E Hensley Jr answered on Nov 22, 2017

If you have insurance you can make a claim. If you do not want to do that you should seek a lawyer. Joe Denton is one of the best. 501.358.4999

1 Answer | Asked in Animal / Dog Law and Car Accidents for Arkansas on
Q: My dog got hit no leash law am I responsible for repairs of the car? Lady was on her cell phone

We live in Arkansas there is no leash law for dogs a lady was speeding down our road on her cell phone with no shoes my dog was chasing a weenie dog across the street my husband went after him my dog was trotting back across the street when this lady plows into him my husband tried to flag her down... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 31, 2017

Turn it over to your insurance company. You are each partially at fault.She should have been looking and wasn't . You have a duty whatever animal it is to keep it off the roadway. Which means stop it from getting on the roadway in the first place.

1 Answer | Asked in Car Accidents and Traffic Tickets for Arkansas on
Q: I received a ticket in Arkansas misdomenor leaving scene of accident what are the penalties
Peter N. Munsing
Peter N. Munsing answered on Sep 11, 2017

Possible suspension--any leaving the scene case is worth getting a lawyer consultation from an attorney who handles violations in the court where it is headed.

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