One moment, you are driving down Dave Ward Drive or merging onto I-40, and the next, everything has stopped, and you are trying to make sense of what just happened. The seconds and minutes that follow a crash are disorienting by design. Adrenaline can mask your pain, shock can distort your perception and judgment, and the pressure to handle everything at once can lead people to make decisions that hurt them later.
What you do in the immediate aftermath of a car accident in Conway matters enormously, not just for your physical recovery, but for your ability to pursue fair compensation if someone else’s negligence caused the crash. Know the steps you should take, the mistakes you should avoid, and the legal considerations that apply under Arkansas law. Never wait to seek a free consultation from our car accident attorneys at Horton Personal Injury Lawyers.
Step 1: Check for Injuries and Make Sure the Scene Is Safe
Your first priority after any accident is the safety of everyone involved. Before anything else, check yourself and any passengers for injuries. If anyone is seriously hurt, do not attempt to move them unless there is an immediate threat, such as fire or oncoming traffic, since moving an injured person can worsen spinal injuries.
If the vehicles are drivable and the accident is minor, move them to the shoulder or a nearby parking lot to clear the roadway. Turn on your hazard lights to alert approaching drivers. If the vehicles cannot be moved, stay well off the road while waiting for emergency services.
One thing worth understanding from the outset: many serious injuries do not feel serious immediately after an accident. Adrenaline is a powerful suppressor of pain signals. Traumatic brain injuries, internal bleeding, and soft tissue damage to the neck and spine often present with delayed symptoms, sometimes hours or days after the collision. The absence of obvious pain at the scene does not mean you are uninjured.
Step 2: Call 911
Call 911 regardless of how minor the accident appears. Under Arkansas law, drivers involved in an accident that results in bodily injury, death, or property damage exceeding $1,000 are required to report the accident to law enforcement. In practice, $1,000 in vehicle damage is a threshold that most accidents exceed, even when the visible damage looks modest.
A police report generated at the scene is one of the most valuable pieces of documentation in a subsequent insurance claim or personal injury case. It creates an official, contemporaneous record of where the accident occurred, the vehicles involved, the conditions at the time, and any apparent violations of traffic law.
Conway Police Department officers and Arkansas State Police troopers who respond to accidents are trained to document these details, and the report they generate can be obtained afterward through the Arkansas Department of Public Safety.
Do not let the other driver talk you out of calling the police. Promises to “handle it between ourselves” are almost never honored, and you will have no independent record of the accident if the other driver later disputes what happened or denies involvement.
Step 3: Exchange Information, but Watch What You Say
Once it is safe to do so, exchange the following information with the other driver:
- Full legal name and contact information
- Driver’s license number
- Vehicle registration and license plate number
- Insurance company name and policy number
If there are witnesses to the accident, ask for their names and phone numbers. Witness accounts from people with no stake in the outcome carry significant weight in insurance disputes and at trial.
As you gather this information, be deliberate about what you say. Do not apologize, even if your instinct is to be polite. Do not speculate about what caused the accident or suggest that you share responsibility. Arkansas follows a modified comparative negligence rule, which means that any admission of fault, even a casual one, can be used to reduce the compensation you are entitled to. Stick to exchanging information and leave the analysis of fault to the professionals.
Step 4: Document the Scene
If you are physically able, document the accident scene before vehicles are moved or conditions change. Use your phone to photograph:
- All vehicles involved, from multiple angles, including close-ups of damage and wider shots showing the full scene
- The license plates of all vehicles
- Skid marks, debris, and any road hazards that may have contributed to the accident
- Traffic signals, signage, and lane markings in the area
- Visible injuries to yourself or passengers
- Weather and road conditions at the time
Photographs taken in the immediate aftermath of an accident carry a level of authenticity that reconstructed or later-obtained evidence cannot match. Insurance adjusters and opposing attorneys know this, and a well-documented scene strengthens your position significantly.
If traffic or security cameras are visible in the area, note their locations. Footage from these cameras can be critical evidence, but it is often overwritten on a short cycle, sometimes within 24 to 72 hours. An attorney can act quickly to send a preservation letter demanding that the footage be retained.
Step 5: Seek Medical Attention Promptly
Go to the emergency room, an urgent care clinic, or your primary care physician as soon as possible after the accident, even if you feel relatively fine. Conway Regional Medical Center on Medical Center Drive is the primary hospital serving Faulkner County and is equipped to evaluate and treat accident-related injuries.
Prompt medical evaluation serves two purposes. First and most importantly, it protects your health by identifying injuries that may not yet be symptomatic. Conditions like traumatic brain injury, internal organ damage, and cervical spine injuries can be life-threatening if left undiagnosed and untreated. Second, it creates a medical record that connects your injuries to the accident, which is essential in any subsequent legal claim.
Insurance companies pay close attention to the gap between an accident and a first medical visit. When that gap is long, adjusters routinely argue that the injuries were not caused by the accident or were not as serious as claimed. Seeking care the same day, or as close to it as possible, closes that argument before it can be made.
Follow through on every appointment, every referral, and every prescribed treatment. Gaps in treatment give insurance companies another tool to minimize your claim by suggesting that your injuries have resolved or that you are not as impaired as you assert.
Step 6: Ensure Your Insurance Company Knows
You should report the accident to your own insurance company in a timely manner. Most policies require prompt notification of accidents as a condition of coverage, and failing to report can jeopardize your ability to use your own policy’s benefits, including uninsured motorist coverage or medical payments coverage.
When you speak with your own insurer, provide the basic facts of what happened: where, when, and who was involved. You do not need to provide a detailed recorded statement at this stage, and you are generally not required to do so under your policy. If your insurer requests a recorded statement, it is worth speaking with an attorney first.
Do not provide any statement, recorded or otherwise, to the other driver’s insurance company without consulting an attorney. Their adjuster’s job is to settle your claim for as little as possible. Anything you say will be analyzed for ways to limit their liability, and a seemingly innocuous comment about your pain level or your activity since the accident can be used to undercut your claim.
Step 7: Understand Arkansas Law and How It Affects Your Claim
Arkansas is an at-fault state, meaning the driver who caused the accident bears financial responsibility for the resulting damages. Claims are typically filed against the at-fault driver’s liability insurance policy. If that driver is uninsured or underinsured, your own UM/UIM coverage may provide additional compensation.
Arkansas’s modified comparative negligence rule allows you to recover damages even if you contributed to the accident, as long as your share of fault is less than 50%. Your total recovery is reduced by your percentage of fault. So if a jury finds you 15% at fault and awards $100,000 in damages, you collect $85,000. Insurance companies are aware of this rule and will work to assign you as much fault as possible to reduce their exposure.
The statute of limitations for personal injury claims in Arkansas is three years from the date of the accident under Arkansas Code Section 16-56-105. Three years may sound like ample time, but evidence deteriorates, witnesses become harder to locate, and memories fade. Acting sooner rather than later gives your legal team the best opportunity to build the strongest possible case.
Common Mistakes to Avoid After a Conway Car Accident
Knowing what not to do is just as important as knowing what to do. Some of the most common mistakes accident victims make include:
Leaving the Scene
Arkansas law requires drivers involved in an accident to stop and remain at the scene until they have fulfilled their legal obligations. Leaving, even briefly, can have serious criminal and civil consequences. If you need to seek emergency medical care, let law enforcement know before you leave and return to the scene as soon as you are able.
Posting About the Accident on Social Media
Insurance companies monitor claimants’ social media accounts. A photo of you at a family event or a post describing how you are “doing better” can be used to dispute the severity of your injuries. Avoid discussing the accident or your physical condition online. This applies to your own posts as well as comments on other people’s pages. Ask family and friends not to tag you in photos or post about your situation during the claims process.
Accepting a Quick Settlement
Insurance companies sometimes contact accident victims within days of a crash with a settlement offer. These early offers are almost always inadequate because the full extent of the injuries is not yet known. Conditions like herniated discs, nerve damage, and traumatic brain injuries may not be fully diagnosed for weeks. Once you sign a release and accept a settlement, you give up the right to seek additional compensation, even if your condition later proves far more serious. Always consult an attorney before agreeing to any payment.
Failing to Follow Your Doctor’s Orders
Missed appointments and gaps in treatment are ammunition for insurance adjusters. They will argue that if your injuries were truly as serious as you claim, you would have followed through on every aspect of your care. Follow your treatment plan consistently, keep records of every appointment, and document how your injuries affect your daily life throughout your recovery.
Giving a Recorded Statement to the Other Driver’s Insurer
Many accident victims assume they are required to cooperate with the at-fault driver’s insurance company. You are not. Their adjuster is not on your side, and a recorded statement made before you fully understand your injuries or the legal process can significantly damage your claim.
When To Contact a Car Accident Attorney
The answer is as soon as possible. Our experienced Conway car accident attorney can begin preserving evidence immediately, handle all communications with insurance companies on your behalf, identify all potentially liable parties, and advise you on the true value of your claim before you agree to anything. The earlier you have legal representation, the less opportunity insurance companies have to shape the narrative in their favor.
At Horton Personal Injury Lawyers, we handle car accident cases on a contingency fee basis, meaning there are no upfront costs and no attorney fees unless we recover compensation for you. Our firm has recovered millions of dollars for injured clients across Arkansas, and we bring that same commitment to every case we take on in Conway.
Our Conway office is located at 627 Locust St, Conway, AR 72034. Call us at 888-822-6011 or contact us online to schedule a free, confidential consultation and let us help you understand exactly where you stand.