Unpacking Tort Reform Tort reform refers to legislative efforts aimed at restricting the ability of injured individuals to recover full compensation through personal injury lawsuits. These efforts are often supported by large corporations and insurance companies. They’re strategically framed in such a way that gets people to support something that actually works against their best interest, that is, as measures to curb excessive payouts and frivolous lawsuits. This is the opposite of reality, however. One common misconception associated with tort reform is the portrayal of certain high-profile cases, such as the McDonald's hot coffee case of the 1990s, in a sensationalist manner to suggest that injured people are unjustly receiving large sums of money, almost to the point where they actively try to be injured just to receive such a large sum of money. This…Read More
Rules Of The Road The same rules of the road apply to motorcycle riders as they do to anyone else operating a vehicle on Arkansas roads. While certain safety measures may not always necessarily be mandated, motorcyclists should strive to be seen and heard by drivers. This simple measure can significantly reduce the risk of accidents. Avoiding blind spots, in particular, is a way to really facilitate doing this. You may not know it, but this is actually why some motorcycles, like Harley-Davidsons, are so loud — to ensure drivers hear them. Unfortunately, one of the most common factors that contributes to motorcycle accidents is the failure of drivers to recognize the presence of a motorcycle on the road. This lack of awareness obviously does not excuse negligent behavior, but it drives home the importance…Read More
Common Questions And Misconceptions When we meet a new potential client, we are often bombarded with questions about the claim process. We’ve taken it upon ourselves to address many of these questions here to empower people with the knowledge they’ll need to navigate their motorcycle accident case, providing clarity and guidance while saving them and their attorneys precious time. Perhaps the most common concern people voice centers around who will be responsible for covering the hospital bills they’ve incurred as a result of the accident. Additionally, there is often uncertainty about whether they can receive compensation if they were not wearing a helmet. Similar to how you can collect compensation in a car accident even if you weren’t wearing a seatbelt, you can collect compensation if you weren’t wearing a helmet. Others often ask about…Read More
Bikes, Blues, And BBQs In Arkansas The Bikes, Blues, and BBQs motorcycle rally, held annually in September in Rogers, Arkansas, is a massive event that has been going on for over 20 years. Initially starting in Fayetteville before moving to Rogers, with some events also taking place in neighboring Eureka Springs, it has grown into one of the largest motorcycle rallies in the United States, second only to Sturgis, according to some. During the rally, motorcycle enthusiasts from all over gather to enjoy an array of activities, including live music, vendors selling motorcycle gear, apparel, and souvenirs, as well as plenty of food and drink with special deals offered by local bars and restaurants. The event typically draws nearly a hundred thousand people to the area, transforming the metro area into a hub of motorcycle…Read More
Filing A Personal Injury Claim Versus Filing A Property Damage Claim In Arkansas The process of filing a property damage claim differs from filing a personal injury claim after an auto accident, primarily in the type of evidence and documentation required. When filing a personal injury claim, you’ll typically need to gather medical bills, records, proof of lost wages, and evidence of injuries to your body. In contrast, a property damage claim is more straightforward. I often explain to people that while you can't purchase a hurt back or a sore neck at the store, you can buy parts for a car. With a property damage claim, you collect evidence on what it will take to restore your vehicle to its pre-accident condition or determine its value if it's deemed totaled. Usually, you’ll work with…Read More
Diminished Value Diminished value is the term essentially used to denote cars that have been repaired after being involved in an accident yet were not totaled. Because of the damage incurred, these cars are perceived differently by the market, and understandably so. To illustrate, if you have two identical cars — one that has been in a wreck and repaired and the other that hasn't — potential buyers are likely to pay more for the car that hasn't been involved in an accident. Diminished value is the quantifiable difference between the pre-accident value of your car and its post-repair value. You are probably seeing how navigating property damage in an auto accident claim is a bit more involved than what you may have assumed! Only once the repairs are completed and paid for can an…Read More
Total Loss Settlement Options — Understanding Your Choices When a car is declared a total loss because the cost of repairs exceeds its value, the insurance company owes you the fair market value of the car. In such cases, they typically present two offers: Full Offer This is the complete offer where the insurance company takes possession of your wrecked car in what is essentially a forced sale. They pay you the fair market value of the car before the accident, and in return, they acquire the damaged vehicle. Value assessment in an auto accident claim can be complicated and nuanced, as you’ll see. Offer, Minus Salvage Value The second offer includes a deduction for the salvage value of your car. After buying the wrecked car from you, the insurance company sells it to a…Read More
The Onset Of A Property Damage Claim If the other driver's insurer has accepted your claim and is willing to cover the repair of your vehicle, congratulations — this is the situation we hope for, and it's optimal, albeit rare! In such cases, understand the following key realities: Choice Of Repair You have the liberty to choose the repair shop of your choice. You do not have to seek service from an approved shop by the insurance company. Your shop will then coordinate with the insurance company for payment and handle any necessary supplements for additional damages uncovered in the initial investigation. Accepting An Offer If you're satisfied with the offer, acceptance is a positive step. However, if we're representing you, it’s important for you to understand and agree to the offer before accepting it.…Read More
Guarding Your Interests When Engaging With Insurance Companies Our strong recommendation regarding interacting with an insurance company is to contact an attorney before reaching out to the other driver's insurance. It's entirely reasonable to take a day or two to consult with an attorney and allow them to guide you in setting up your own claim. Since the role of insurance in auto accidents claims in Arkansas is unavoidable, we often advise our clients to let us handle this process from the beginning. By doing so, you minimize your direct contact with the insurance adjuster, reducing the chances of them twisting your words, undervaluing your claim, or making you think they’re your friend, only to trick you later on in your case. While dealing with your own insurance company is generally less adversarial than with…Read More
Common Questions And Concerns About Auto Accident Claims In Arkansas Over the course of time that our firm has served clients, we've observed some patterns. Of them are questions and concerns clients from various backgrounds have regularly shared. The primary concern often revolves around questions like, Who will repair my car? and What if I can’t drive my car? We thought it best to tackle these right off the bat before diving further into other things we will discuss in this book. Typically, the at-fault party is responsible for restoring the car to the condition it was in prior to the accident. However, complications may arise, especially if investigating the liability prolongs the process. In such instances, we advise clients with collision insurance in their policy to leverage it for prompt resolution. This allows them…Read More