Texting while driving is against the law in Arkansas and in all but one state across the country. It is a dangerous type of distracted driving that requires the driver to take their eyes off the road, their hands off the wheel, and their attention away from safely operating their vehicle.
Texting while driving can lead to serious accidents. If you have suffered an injury in an accident with a texting driver, you need legal representation. Contact an Arkansas car accident lawyer today to learn more about protecting your legal rights and ensuring you recover the financial compensation you deserve.
Arkansas Texting and Driving Laws
Arkansas’s texting and driving law, also known as “Paul’s Law,” is found in Arkansas Code section 27-51-1501. Arkansas’s law against texting and driving is among the strictest laws nationwide.
Arkansas drivers are prohibited by law from using any wireless telecommunications device (i.e., a cell phone) to do the following:
- Engage in texting
- Access, read, or post to a social media networking site
Drivers who violate the law against texting and driving can face fines and jail time.
What Is Distracted Driving?
Distracted driving causes many accidents across the country every year. According to the Centers for Disease Control and Prevention (CDC), distracted driving includes anything that takes a driver’s mind off the road
There are three categories of distracted driving, including the following:
- Visual: Visual distracted driving includes anything that makes a driver take their eyes off the road. Examples of visually distracted driving can include looking at the GPS, listening to music, or speaking to a passenger.
- Manual: Manual distracted driving includes anything that requires the driver to take their hands off the wheel. For example, a driver might take their hands off the wheel while eating, drinking, or adjusting the seatbelt, which might cause an accident.
- Cognitive: Cognitive distracted driving accidents can happen if the driver takes their mind off of the tasks of driving. Examples of cognitive distractions can include your mind drifting off while driving because of stress or another obligation.
The CDC estimates that nine people die each day in the U.S. due to distracted driving crashes. Nearly 3,000 people died, and over 400,000 people were injured in one recent year alone nationwide. Twenty percent of all those who died in a distracted driving accident were outside of vehicles, including pedestrians or cyclists. Younger drivers and teenagers are more likely to get into a distracted driving accident than older, more experienced drivers.
Arkansas State Texting and Driving Statistics
Here are some of the key statistics and insights about texting and driving in Arkansas:
Statewide Campaigns
The Arkansas state government has implemented several public safety campaigns to raise awareness about the dangers of texting and driving. Some of the most popular initiatives include media outreach and enforcement efforts aimed at reducing distracted driving-related crashes.
Distracted Driving Statistics
Distracted driving, including texting and driving, is one of the most significant factors in crashes across the state. Last year, distracted driving was reportedly responsible for nearly 3,000 crashes in Arkansas, with a significant number of those crashes attributed to texting and using mobile devices while driving.
Fatalities and Injuries
Arkansas reported over 1,000 injuries and approximately 50 deaths in the above-mentioned traffic accidents involving distracted driving. A large portion of those deaths involved a texting driver.
Texting and Driving Law
Arkansas has one of the strictest laws against texting and driving in the country. In 2019, the state passed a law prohibiting texting or using a cell phone while driving for all motorists. Arkansas has further updated the law to include hands-free driving for all drivers with a mobile phone.
Penalties for Texting and Driving
Arkansas law enforcement can issue fines for texting while driving. The fine for the first offense is $250, and subsequent offenses can result in higher fines.
These statistics show how dangerous texting and driving can be for everyone who shares the roads and highways across Arkansas. It is important to use the laws available to hold distracted texting drivers accountable. Contact an attorney now to learn more about your legal rights after an accident.
Common Injuries After An Accident With a Texting Driver
Accidents caused by a texting driver can end with a range of injuries. Injuries can be minor or severe. The nature of accident-related injuries depends on factors like the speed at which the vehicles were traveling at the time of the crash, the type of collision, and whether the victim was wearing a seatbelt. Some of the most common types of injuries include the following:
Emotional and Psychological Injuries
Car crashes with a distracted driver can come with a lot of emotional and psychological injuries. Texting-related accidents can lead to long-lasting emotional or psychological trauma, such as post-traumatic stress disorder, depression, and anxiety. Symptoms of emotional and psychological injuries can include flashbacks, nightmares, increased stress, or avoiding situations that remind the victims of the accident.
Facial Injuries
The impact from a bad crash can cause the victim to jolt forward, causing facial injuries. Airbags, glass, or direct impact can cause facial injuries, including cuts, bruising, or broken bones in the face. Symptoms of facial injuries can include bruising, swelling, or visible deformities in the face, especially around the nose, cheeks, or jaw.
Leg and Knee Injuries
Leg and knee injuries are a significant risk after a car accident. The legs and knees often sustain injuries in traffic crashes. These injuries happen particularly when the driver’s legs are trapped or hit the dashboard. Symptoms of leg and knee injuries can include bruising, trouble moving, pain, swelling, difficulty moving the leg, and fractures or ligament tears.
Chest and Rib Injuries
A serious car accident can cause chest and rib injuries. The force of the injuries can cause rib and chest injuries, particularly if the driver or passenger is not using a seatbelt. Symptoms of chest and rib injuries can include pain in the chest or ribs, trouble breathing, bruising, and possible internal injuries.
Back and Spinal Injuries
Back and spinal injuries can significantly impact the victim’s locomotion. A sudden impact can cause damage to the spine or back muscles, ranging from strains to more serious injuries like herniated discs or spinal cord injuries. Common symptoms of back and spinal injuries include back pain, numbness, or tingling.
Fractures
Fractures are very common in car accidents. Victims might deal with breaks in their legs, ribs, arms, collarbones, and other areas in their bodies. If you experience pain, swelling, bruising, and the inability to move or put weight on the area, seek immediate medical treatment.
Concussions and Traumatic Brain Injuries
Distracted driving can easily cause an accident that leaves the victim suffering from a blow to the head. A contusion is a bruise to the brain. Symptoms of contusions can include memory loss, confusion, headaches, nausea, dizziness, loss of consciousness, and cognitive impairment.
Whiplash
Whiplash is one of the most common types of accident-related injuries. It happens when the head and neck are suddenly jerked forward and backward during a collision, often leading to strain on the neck and spine. Neck pain, stiffness, headaches, dizziness, and a limited range of motion are all symptoms of whiplash.
What Compensation Is Available After An Arkansas Texting-Related Accident?
The financial compensation available after a texting and driving accident depends on the facts of the crash. An experienced Arkansas accident attorney can identify your losses and collect the compensation you deserve after an accident.
Here are some of the types of losses you might deserve after a texting-related accident.
Medical Expenses
A victim might be entitled to recover current and future medical bills. The covered medical expenses include doctor visits, hospitalization, medications, physical therapy, surgeries, and other medically necessary treatment, including the cost of long-term medical treatment and rehabilitation.
Lost Income
If your injuries are so severe that they keep you from returning to work, you might be entitled to recover for the lost income that you have incurred. Compensation can also include future lost income if your injuries prevent you from returning to your previous employment; this is your lost earning capacity.
Property Damage
Compensation for the damage to your vehicle or any other personal property damaged in the accident, such as a cell phone, laptop, or other items inside your vehicle.
Pain and Suffering
Victims might be entitled to compensation for the physical pain and emotional distress caused by the texting-related accident. This is known as pain and suffering. Pain and suffering can cover both physical pain and mental anguish, depression, and anxiety.
Wrongful Death
Some accidents are so serious that they cause the victim’s death. In cases when the victim dies because of their injuries, certain surviving family members might be entitled to recover for their damages. The family of the deceased may file a wrongful death claim for loss of companionship, burial and funeral expenses, and other accident-related losses.
Punitive Damages
Punitive damages do not correlate with the victim’s losses. Alternatively, punitive damages are a way to punish the victim for egregious or outrageous conduct. Arkansas law allows for punitive damages in cases where the driver’s conduct was particularly egregious or reckless, like texting and driving.
How Can An Arkansas Attorney Help Me Collect Compensation?
An attorney can seek full and fair compensation for your texting-related accident, ensuring you do not walk away with less than you deserve. Lawyers have many legal tools and strategies to stand up for total financial recovery for accident victims, and here are some practical ways an experienced attorney can collect damages for your Arkansas texting and driving accident.
Establish Fault
Establishing fault is the most important part of an accident claim. The party found to be at fault is responsible for paying for the other party’s damages and losses. An attorney can discover and hold accountable all potential defendants.
File An Insurance Claim
Pursuing compensation will likely start with filing an insurance claim. You can file a claim with the at-fault driver’s insurance company or your own if the driver is uninsured or underinsured or you live in a no-fault state. An attorney can handle the claim process and negotiate fair settlements with all applicable insurers.
Gather Evidence
Getting proof of how the accident happened is essential to the success of the claim. In texting and driving accidents, evidence like cell phone records, traffic camera footage, and witness testimony can be vital in proving that the other driver was texting at the time of the crash.
File a Lawsuit
If negotiations fail, then your attorney might file a lawsuit on your behalf. Your lawyer will present evidence to ensure you get the monetary compensation you deserve after an accident.
If you have been involved in a texting and driving accident, you must consult with a car accident in Arkansas to help guide you through the legal process and ensure you receive fair compensation for your injuries.
How Long Do I Have To File a Lawsuit In Arkansas?
Injured accident victims do not have an unlimited amount of time to file a lawsuit for damages. Victims are limited to the statute of limitations. The statute of limitations is a deadline set by law for an injury victim to file a lawsuit for damages.
In Arkansas, the accident victim has three years since the day that the accident happened to file a lawsuit. This law is codified in Arkansas Code section 16-56-105.
An attorney can ensure you meet the statute of limitations. Various other procedural rules might apply to an accident victim’s case. Rely on the knowledge and experience of an accident attorney to ensure that you get what you deserve after a texting-related accident.
Contact An Arkansas Car Accident Attorney Today
If you have been injured in an accident with a distracted driver, you need legal representation. You have rights after a traffic crash. Contact an personal injury attorney immediately if you have suffered an injury in an accident to protect and assert your legal right to monetary compensation.
