Drunk driving accidents are not just tragic but entirely preventable. When a driver chooses to get behind the wheel after drinking, they make a decision that puts everyone around them at risk. If that decision injured you or someone you love on I-40, Dave Ward Drive, Harkrider Street, or anywhere else in Conway, you have legal rights, and the experienced injury attorneys at Horton Personal Injury Lawyers are ready to help you pursue them.
Our firm represents victims of drunk driving accidents throughout Arkansas. We handle the investigation, insurance negotiations, and litigation while you focus on recovery. Contact us today for a free, confidential consultation. There are no fees unless we recover compensation for you.
Arkansas law prohibits operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher for standard drivers, 0.04% for commercial drivers, and 0.02% for drivers under 21. These limits are established under Arkansas’s DWI statutes and are enforced by law enforcement across Faulkner County and the state.
A drunk driver who causes an accident has almost certainly breached their duty of care to other people on the road. That breach forms the foundation of a civil personal injury claim. A criminal conviction for DWI is not required for you to pursue civil damages. The standard of proof in civil cases is lower than in criminal proceedings, meaning that even if the driver was not charged or was acquitted, you may still be able to recover compensation.
Under Arkansas Code Section 16-64-122, Arkansas follows a modified comparative negligence rule. As long as your share of fault does not reach or exceed 50%, you remain eligible to recover damages, reduced proportionally by your percentage of fault.
The statute of limitations for most personal injury claims in Arkansas is three years from the date of the accident, under Arkansas Code Section 16-56-105. Exceptions may apply in cases involving minors or government vehicles, but waiting too long can permanently forfeit your right to file. Speaking with an attorney as soon as possible after the accident is important.
Drunk drivers are more likely to drive at excessive speeds, run red lights, and react too slowly to avoid a collision. The result is often a high-impact crash that produces serious and sometimes permanent injuries. Some of the most common injuries we see in these cases include:
The severity of these injuries often means substantial medical treatment, missed work, and a long road to recovery. The compensation you pursue should reflect the full extent of that impact, not just your immediate expenses.
Victims of drunk driving accidents in Arkansas may be entitled to recover both economic and non-economic damages, and in appropriate cases, punitive damages as described above. The value of any individual case depends on the specific facts, the extent of the injuries, and how liability is established.
Economic damages cover quantifiable financial losses. These typically include:
Non-economic damages compensate for losses that do not come with a dollar figure but are very real nonetheless. Arkansas does not cap compensatory damages in personal injury cases. These damages can include:
Our attorneys assess every category of recoverable damages from the beginning of your case so that nothing is overlooked when it comes time to negotiate a settlement or present your claim to a jury.
One notable legal distinction in drunk driving accident claims is the potential availability of punitive damages. Unlike economic and non-economic damages, which compensate you for your actual losses, punitive damages are designed to punish conduct that is intentionally harmful or reflects a conscious disregard for the safety of others.
Driving while intoxicated frequently meets this standard. A driver who knowingly consumes alcohol and then operates a vehicle is making a deliberate choice that endangers others. Arkansas courts have awarded punitive damages in drunk driving cases where this reckless disregard is established. While punitive damages are not guaranteed in every case, they represent an additional avenue of recovery that our attorneys evaluate from the outset and pursue aggressively when the facts support it.
The actions you take in the hours and days after an accident can affect the strength of your claim. If you are physically able to, taking the following steps will help protect your rights.
In many drunk driving cases, the intoxicated driver is the primary liable party. However, Arkansas law may allow for additional defendants depending on the circumstances of the accident.
The driver who chose to operate a vehicle while impaired bears direct responsibility for the resulting harm. Our attorneys gather evidence of intoxication, including police reports, BAC test results, dashcam footage, and witness statements, to establish liability and support a damages claim.
When the drunk driver was operating a commercial vehicle or was otherwise acting within the scope of their employment at the time of the crash, their employer may also bear liability. Commercial trucking accidents on I-40 involving impaired drivers are one example where employer liability may arise.
Arkansas has a Dram Shop Act that can hold businesses liable for injuries caused by someone they served alcohol to, under certain circumstances. If a bar, restaurant, or other vendor continued to serve alcohol to a visibly intoxicated person who then caused an accident, that business may share in the legal responsibility for resulting injuries. These claims require careful fact investigation, and our attorneys know how to pursue them when the evidence supports it.
Building a strong drunk driving case requires more than a police report. Our attorneys move quickly after you contact us because evidence in these cases has a short window. Surveillance footage from nearby businesses, dashcam recordings, and bar or restaurant receipts can disappear within days if not preserved through proper legal channels.
We work with accident reconstruction specialists who can analyze the crash scene, vehicle damage, and road conditions to establish exactly how the collision occurred and what role impairment played. We also obtain the at-fault driver’s toxicology results, prior driving history, and any records related to where they were drinking before the crash. In dram shop cases, this includes subpoenaing purchase records and interviewing staff who served the driver.
Every piece of evidence we gather is aimed at one goal: building a claim that is difficult to dispute and positions you for the strongest possible outcome, whether that is a negotiated settlement or a jury verdict.
No two drunk driving cases follow the exact same path, but most follow a general progression. After an initial consultation, our attorneys conduct a thorough investigation and send a demand to the at-fault driver’s insurance carrier. Insurers frequently respond with a lowball offer, particularly early in the process. We negotiate aggressively and do not recommend settlement until we have a complete picture of your medical prognosis and total damages.
If the insurer refuses to offer fair compensation, we file suit and take the case to litigation. Many cases resolve before trial, but our attorneys prepare every case as though it will go before a jury. That preparation is often what compels insurers to settle on terms that actually reflect what our clients have been through.
Horton Personal Injury Lawyers has recovered millions of dollars for injured clients across Arkansas, including results well into the eight figures in complex cases. Our attorneys have earned recognition from Super Lawyers and hold membership in both the Million Dollar Advocates Forum and the Multi-Million Dollar Advocates Forum, distinctions that reflect a documented record of results in serious cases.
We know the Conway roads, the local courts, and how insurers approach claims in Arkansas. When you work with our firm, you are getting attorneys who are invested in holding the right people accountable and securing the compensation you deserve. We work on a contingency fee basis, which means no attorney fees unless we win your case.
Our Conway office is located at 627 Locust St, Conway, AR 72034. We welcome clients to come in for free consultations at our office, or we can come to you if your injuries prevent you from traveling.
Yes. A criminal conviction is not required to pursue a civil personal injury claim. The burden of proof in a civil case is lower than in a criminal case, so even if the driver was not charged or their case was dismissed, you may still be able to establish liability and recover damages.
Uninsured motorist coverage under your own policy may apply when the at-fault driver has no insurance. You should still have legal representation for an uninsured motorist claim, even though it is with your own provider. Our attorneys can review your policy and identify all available sources of recovery, which may include the drunk driver’s personal assets, an employer if the driver was on the job, or a dram shop claim against a business that overserved them.
Most personal injury claims in Arkansas must be filed within three years of the date of the accident. Exceptions exist in certain circumstances, but waiting can compromise your case and ultimately eliminate your right to pursue compensation. Timing is always important in these claims, especially if there is a criminal DUI case. Reach out to our team promptly after your accident so that your claim can be evaluated and protected.
You should not have to bear the financial and physical consequences of another driver’s reckless decision. Horton Personal Injury Lawyers is ready to fight for the compensation you need to move forward.
Call us at 888-822-6011 or reach out online to schedule your free, confidential consultation. There are no fees unless we recover compensation for you.
Horton Personal Injury Lawyers of Fayetteville
3853 N Crossover Rd, Fayetteville, AR 72703
479-888-7992
Fayetteville, Arkansas is a small city located in the beautiful Ozark Mountains region of Northwest Arkansas. With a population of over 83,000, it is the third most populous city in the state behind Little Rock and Fort Smith. Fayetteville is home to the University of Arkansas and is often referred to as “The Natural State” due to its unique natural beauty and abundance of outdoor activities. Fayetteville boasts a vibrant arts and culture scene, with many galleries and museums to explore. The city also has an exciting nightlife, offering everything from dive bars to upscale lounges. Downtown Fayetteville features numerous restaurants, cafes, and shops. Visitors can enjoy the Arkansas Music Pavilion, which hosts a variety of concerts and events throughout the year. No matter what you’re looking for, Fayetteville has something to offer everyone! From outdoor activities to cultural attractions, there is something for everyone in Fayetteville!
Fayetteville also offers several outdoor recreational opportunities with its numerous parks and trails. Lake Atalanta Park features a 38-acre lake ideal for fishing, kayaking and paddleboarding. Mount Kessler offers biking trails, hiking trails and picnic areas perfect for a day outdoors. Mount Sequoyah provides stunning views of the Ozarks and is home to an educational center dedicated to preserving the area’s natural heritage. Whether you want to hike, bike or fish, Fayetteville is the place to be!
Fayetteville’s economy continues to grow and attract new businesses. With its vibrant downtown, unique shops and restaurants, growing arts scene, and access to outdoor activities, Fayetteville offers something for everyone and continues to be a great place to live, work and visit.
Fayetteville, AR is located in the northwest corner of the state, and has a population of around 84,000 people. This city has a diversity of both age and ethnic makeup – 24% of Fayetteville residents are under the age of 18, while 20% are between 18 and 24. Almost 21% of citizens identify as Hispanic or Latino, making it one of the most diverse areas in Arkansas. The median household income is also slightly lower than the state’s average, coming in at $42,035. Additionally, over 25% of Fayetteville’s population live below the poverty line. While there remain disparities that need to be addressed, overall Fayetteville is an active growing city with plenty of cultural richness worth exploring.
Fayetteville, AR is a bastion of education excellence. The city’s public school district has an exemplary track record and is consistently ranked among the highest in the state. For students seeking higher education, the University of Arkansas ensures Fayetteville locals have access to an excellent four-year university experience. Other nearby colleges and technical schools offer expanded opportunities for specializing studies and attaining certifications. With such a diverse range of learning options, Fayetteville is well suited for educational growth and personal achievement.
Fayetteville, Arkansas is the perfect destination for any tourist looking to explore unique and exciting attractions. Fayetteville has a diverse array of activities and sites to offer, including multiple museums – such as the Museum of Native American History – and many beautiful parks. Known for its vibrant nightlife, visitors are likely to find countless bars, cafes, and live music venues ready to provide entertainment deep into the night. Excursions beyond city limits won’t disappoint either; scenic hiking trails adorned with crystal clear streams and cascading waterfalls can be found just moments from downtown Fayetteville. So if you’re looking for a little bit of everything in one place, a vacation to Fayetteville might just be your best option!
Horton Personal Injury & Accident Lawyers of Fayetteville
3853 N Crossover Rd
Fayetteville, AR 72703
479-333-8111
72701
72702
72703
72704
72730
72764
Copper Creek / Savanna
Summersby / Root School
Mount Sequoyah South
University Heights / Sang Valley
Wilson Park / Woodland
Dickson Street / Town Mountain South
Walnut Crossing / Cross Keys
Lakewood / Woodbury
Baldwin
Johnson