Distracted Driving Accident Attorney in Jonesboro

Helping Victims of Accidents Caused by Distracted Driving

With the use of cell phones while behind the wheel becoming pervasive, incidents of accidents caused by distracted driving are on the rise nationwide. The National Highway Traffic Safety Administration has even come out saying distracted driving is more dangerous than drunk driving and is even more commonplace. Those injured by distracted drivers are entitled to compensation, and our Jonesboro car accident lawyer is ready to do just that.

With over 50 years of collective legal experience behind us, Wells & Wells is the trusted and reputable firm you need fighting for your rights when you are injured in a distracted driver crash. Voted “Best Lawyers in America” and listed among the “Outstanding Lawyers in America,” we work to uphold our stellar reputation with every case, and can provide the legal insight and aggressive representation you need at this critical time.

Injured by a Distracted Driver? Contact Us Today!
Don't wait to seek the compensation you deserve. Call (870) 782-4084 now for a free consultation!

What is “distracted driving”?

What constitutes distracted driving can be complicated, but the NHTSA states that a distraction is anything which “could divert a person’s attention away from the primary task of driving.”

• Types of distracted driving can include:
  • Cellphone use, especially texting
  • Lighting a cigarette
  • Adjusting a portable music device
  • Eating or drinking
  • Personal grooming
  • Searching for a radio station
  • Reading a map
  • Working a GPS device

A driver’s eyes can easily drift from the road for several seconds while distracted—plenty of time to cause a major accident. Those who exhibit unsafe driving by being distracted can be held liable by our Jonesboro personal injury lawyer for compensation in the way of an injury suit.

Legal Consequences of Distracted Driving in Arkansas

Distracted driving is a serious offense in Arkansas. State laws strictly prohibit certain types of distractions, especially those involving cell phone use.

• Arkansas Laws on Distracted Driving
  • It is illegal for all drivers to text while driving.
  • Drivers under 18 are prohibited from using a cell phone in any way while driving, even hands-free.
  • Drivers 18 to 20 can use hands-free devices but cannot use handheld phones.
  • School and work zones have stricter rules, banning all handheld phone use for drivers of all ages.
• Penalties for Texting While Driving
  • First-time offenders may face a fine of up to $250.
  • Repeat violations can lead to fines up to $500.
  • If texting and driving results in an accident, the driver may face higher fines and additional penalties.
• How Distracted Driving Violations Impact Personal Injury Claims
  • A citation for distracted driving can serve as strong evidence of negligence.
  • If a driver was texting before the crash, their phone records may be used against them in court.
  • Victims may be entitled to higher compensation if the at-fault driver was proven to be distracted.

Common Injuries in Distracted Driving Accidents

Distracted driving accidents often result in serious injuries due to delayed reaction times and high-speed collisions. Some of the most common injuries include:

• Whiplash and Neck Injuries – Caused by sudden jerking motions, leading to stiffness, pain, and reduced mobility.
• Broken Bones and Fractures – Impact forces can break ribs, arms, legs, or even facial bones.
• Traumatic Brain Injuries (TBI) – Head trauma can lead to concussions, memory loss, or permanent cognitive impairment.
• Spinal Cord Injuries and Paralysis – Severe crashes can damage the spine, potentially causing paralysis or long-term disability.

Compensation for Victims of Distracted Driving Accidents

If you've been injured due to a distracted driver, you may be eligible for financial compensation.

• Medical Expenses – Covers hospital bills, surgeries, rehabilitation, and future treatments.
• Lost Wages & Earning Capacity – Reimburses lost income and any future earnings affected by your injuries.
• Pain and Suffering – Compensation for physical pain, emotional distress, and reduced quality of life.
• Punitive Damages – In extreme cases, courts may award additional damages to punish reckless behavior and deter future violations.

Frequently Asked Questions (FAQ) About Distracted Driving Accidents

How can I prove that the other driver was distracted?

Proving distracted driving can involve several types of evidence, including:

• Witness statements
• Police reports
• Surveillance or dashcam footage
• Phone records (if texting was suspected)
• Traffic citations issued to the at-fault driver

An attorney can help gather and present this evidence to strengthen your claim.

What if the at-fault driver denies being distracted?

• Even if the driver denies it, evidence like phone records, crash reconstruction, and witness testimony can establish that they were not paying attention. A skilled lawyer can investigate and challenge their claims.

Can I file a claim if I was partially at fault for the accident?

• Yes. Arkansas follows a modified comparative negligence rule, meaning you can still recover damages as long as you were less than 50% at fault. However, your compensation will be reduced by your percentage of fault.

How long do I have to file a lawsuit after a distracted driving accident?

• In Arkansas, the statute of limitations for personal injury claims is three years from the date of the accident. Failing to file within this time frame could prevent you from recovering compensation.

What if the distracted driver was uninsured?

If the at-fault driver was uninsured, you may still have options, such as:

• Filing a claim under your uninsured/underinsured motorist coverage
• Pursuing a personal injury lawsuit against the driver
  An attorney can help you determine the best course of action.

Should I accept the insurance company’s first settlement offer?

• No. Insurance companies often offer low initial settlements to minimize their payouts. Always consult with a lawyer before accepting any offer to ensure you receive fair compensation for your injuries.

Can a passenger injured in a distracted driving accident file a claim?

• Yes. If you were a passenger in a car involved in a distracted driving crash, you have the right to pursue compensation from the at-fault driver—whether it was your driver or another vehicle. 

Legal Help for Distracted Driving Accidents – Contact Us!
Let our experienced attorneys fight for your rights. Call (870) 782-4084 or fill out our online form today!