Drunk driving accidents can be physically, financially, and emotionally devastating. If you were involved in a crash caused by a driver who was impaired by alcohol, it’s crucial to hold them responsible for any injuries you suffered as a result. However, it’s also important to understand that there is often more than one party who can be held liable for negligence in these cases. Depending on the facts and circumstances, you might be entitled to pursue a personal injury claim against multiple defendants for a drunk driving collision under Arkansas law.
Understanding Liability in a Drunk Driving Accident
If you were hurt in a drunk driving accident, your primary claim is against the impaired driver who caused your injuries. As with any other motor vehicle collision, to recover compensation, you must demonstrate that the driver’s negligence caused the crash, and that you suffered damages as a result. However, a BAC above .08% generally establishes strong evidence of negligence, which can make proving fault much more straightforward.
In many cases, the intoxicated driver isn’t the only liable party. Others may bear responsibility because they contributed to the driver’s intoxication or allowed them to access a vehicle despite knowing they were impaired. Potentially liable third parties in an Arkansas drunk driving accident can include the following:
- A bar or alcohol vendor: Under Arkansas’s dram shop law, a bar, restaurant, store, or any other establishment with a liquor license can be held legally responsible for serving alcohol to a visibly intoxicated person who then causes injury to another due to their impairment.
- A social host: A social host may face criminal liability under Arkansas law for serving alcohol to a person under the age of 21. Civil liability can also arise if an underage person who was provided alcohol at a private party causes a crash that results in injury to another.
- The driver’s employer: If the drunk driving accident occurred within the scope of the driver’s employment, their employer may be held vicariously liable under the doctrine of respondeat superior.
- Vehicle owner: A vehicle owner can be held liable for someone else’s drunk driving accident if they knowingly allowed that person to operate the car while impaired or negligently entrusted their vehicle to someone with a known history of drunk driving.
It’s essential to identify all potentially liable parties who should be named defendants in a personal injury action. This can help ensure full accountability for the harm you suffered and expands the avenues you may pursue to obtain your rightful monetary recovery.
How Comparative Fault Impacts an Arkansas Drunk Driving Accident Claim
Comparative fault is a defense frequently asserted by defendants to reduce a victim’s monetary recovery. The defendant may argue that you failed to brake in time, were distracted by your phone, or that your actions somehow contributed to the collision. However, Arkansas follows the doctrine of modified comparative negligence, which allows a victim to recover damages if they are partly to blame for the accident, as long as they are less than 50% at fault.
If it is determined that you were partly negligent, any recovery awarded would be reduced by your percentage of fault. For instance, if a jury finds you were 10% to blame for the accident, your financial recovery would be reduced by 10%. Since insurance companies often wrongfully accuse victims of being partly at fault to minimize their payouts, it’s vital to hire an experienced and tenacious personal injury attorney to advocate on your behalf. Knowledgeable counsel will be able to challenge any assertions of comparative fault, present the evidence necessary to establish the defendant’s negligence, and take the steps needed to maximize your compensation.
Contact an Experienced Arkansas Personal Injury Attorney
If you were hurt in a drunk driving accident, it’s critical to hold the impaired driver and any responsible third parties liable for your injuries by filing a personal injury action. As relentless advocates for the injured and wronged, the Arkansas personal injury attorneys at Caddell Reynolds Law Firm are committed to helping drunk driving accident victims secure the maximum compensation they deserve. If you or a loved one were harmed by an intoxicated driver, contact us today to schedule a free consultation to learn how we can help you and your family rebuild your lives.