Frequently Asked Questions

Yes, if done properly. There are many, many factors that can effect the accuracy of a blood test. Blood tests are the only chemical tests in Arkansas that can be legally refused. The following are a list of questions that our DWI attorneys would ask to determine if the blood test was done accurately.  Did they use a non-volatile prep prior to collection? Was there any hemolysis at the collection site? Did they use the proper needle size? Did they collect in a gray top tube? Did they invert the tube as directed by the manufacturer to properly mix the required compounds? Did they refrigerate at a constant temperature in storage? Is it your blood that is tested? Is there a proper chain of custody? Was the gas chromatograph properly calibrated? Did they run blanks? Did the analyst follow the method established by the department? Was there contamination of the sample or the machine? There are a number of possible causes for a reported result that is falsely high. Call one of our Arkansas DWI attorneys to discuss further.

There are many factors to consider when deciding to take the breath test.  It is a violation of law to refuse the breath test in Arkansas, therefore it is unlawful for our attorneys to advise you not to take the test.  There are many things to consider when trying to reach a decision. The various factors include:  the potential errors listed above, the penalties for refusing (the penalties in Arkansas are the same for refusal as they are for being arrested for DWI with a BAC test), any particular medical conditions you may have that can effect the result, etc… It would be impossible for us to advise you unless we had been with you all day and knew your medical history.  If you blow, you should always demand a blood test.

To answer this question we must first understand the science behind breath alcohol testing.  When you blow into a breathalyzer it captures a breath sample that is assumed to be what is considered “end breath” or breath that comes from the deepest part of the lungs.  The machine uses this sample because it has the highest alcohol concentration and is (hopefully) made up of lung air with no residual mouth alcohol.  Here is a list of just a few problems with breath testing.

Mouth alcohol, if not detected, can result in an outrageously false high reading making the result very unreliable.  

Another source of error is breathing pattern.  Hypo-ventilation can result in a reading that is roughly 15% higher than the test subject’s true BAC.  In contrast, hyper-ventilation can result is a reading roughly 10% lower than the test subjects true BAC.

Breath temperature can result in an erroneous reading of BAC.  The average person’s breath is 34 degrees Celsius.  For every one degree Celsius the breath temperature is elevated the breath result will over estimate BAC by 8.6%.

Testing during the absorption phase can over-estimate BAC by up to 200%.  That is, blowing while alcohol is still absorbing.  It takes roughly 30-90 minutes to fully absorb alcohol.  This means that if you are drinking while in the car or have just left your place of drinking, your breath test will be higher than your BAC at the time you were operating the vehicle.

Blood/breath partition ratio is another source of error, but is very complicated and would be best explained by one of our Arkansas DWI attorneys in person.  

Breath testing is based on averages and none of us are truly average.  Though the machine itself may be functioning properly and without error, it can still produce results that are not reflective of a person’s true BAC.

Arkansas now uses the EC/IR II.  It is made by Intoximeter, Inc. in St. Louis.  It is an electro-chemical-based test with an infrared mouth alcohol detector.  The electro-chemical portion of the test is the only portion that quantifies alcohol.  There have been a number of problems with the EC/IR II.  More than half of the machines purchased in Arkansas had to have their barometers replaced within the first couple of years in use.

There are many variables that affect blood alcohol content.  No two people will process and eliminate alcohol at the exact same rate.  A person’s body weight affects their BAC because a larger person has more blood volume. This causes their BAC to be lower than a smaller person drinking under the same circumstances because BAC is measured as a percentage of alcohol in the blood.  For example: A 100lb person can drink 1 drink in a 1-hour period and have a BAC of .04%. A 160lb person having the same drink will register a BAC of .02%.  Gender is an important distinction because women’s bodies do not process alcohol as quickly as men’s bodies, so even if a man and a woman are the same body weight and they drink the same drinks at the same time, the woman’s BAC will almost always be higher than the man’s because of the slower absorption and elimination rates.  Some of the other factors that affect the BAC of a person include: the alcohol content of the drinks; time spent drinking; food eaten before or after drinking starts, etc.

This seemingly simple question requires a complex answer. It doesn’t matter if you drink beer, whiskey, vodka, wine, or some other alcoholic beverage, there is no set time limit for how long alcohol stays in your system. The ethanol must be absorbed. As discussed in another section, absorption is different for each person and can even vary from day to day for an individual.  While the alcohol is absorbing, your body is also eliminating alcohol at a rate of approximately .015 per hour. The only way to determine when your body is alcohol-free is to know your specific blood alcohol content when you start.  For example, if my blood alcohol is .12% at 4:00 am and I have fully absorbed my last drink, I can assume that at 7:00 am my blood alcohol content would be approximately .075%. Keep in mind that sleep does not make you sober. Unfortunately, our firm has represented a number of individuals for DWI or DUI who were arrested in the morning because they still had enough alcohol in their system from a night out, causing them to have a blood alcohol content over the legal limit several hours after they stopped drinking.

The average person will eliminate alcohol at a rate of .015 per hour.  This rate varies, but .015 is the generally accepted elimination rate. Keep in mind alcohol must be absorbed before the body begins eliminating it.   

The average absorption rate ranges from 30 minutes for an empty stomach to 90 minutes with food in the stomach. Some studies have suggested it can take up to 6 hours for alcohol to absorb after suffering from shock or eating certain foods. Others say that everyone should be fully absorbed within 30 minutes. Our attorneys’ research has uncovered no studies that suggest alcohol can be absorbed in less than 20 minutes. It is safe to say it varies considerably in every person. It will even vary in the same person from one time period to another. You must consider the absorption rate prior to driving to avoid a DWI. You may feel fine when you leave the place where you have had your drinks but if you have recently consumed alcohol, your BAC will be climbing and you will be at risk of being arrested for a DWI or DUI.

Alcohol begins absorbing into the bloodstream as soon as it enters the mouth, but most alcohol is absorbed through the small intestine. Until the alcohol has passed through the small intestines and into your bloodstream, it really has not entered your system in such a way that it will affect you or your BAC.  Before alcohol gets to your small intestine, it must pass through your stomach by the process of digestion.  There are numerous factors that can affect the rate at which alcohol is absorbed into your system, and therefore also affect the rate at which your BAC lowers or rises.  Food, especially those high in starches or fats, slow down the transfer of alcohol from the stomach to the small intestines. Persons with certain digestive ailments can have a different absorption rate than the normal person.  Shock (for example, from an injury in an accident) can also slow down the absorption period. Also, straight alcohol on an empty stomach can result in pyloric shock which can significantly slow down the absorption of alcohol. If the absorption rate is slowed for any reason, you could have several drinks hitting you at once without the benefit of having any eliminated from your system. The guide of 1 drink per hour could also be misleading because it does not take into consideration the high alcohol content of some alcoholic beverages or the weight of the person drinking. The state police recommendation is based a 1 oz. shot of 86 proof alcohol or a 12 oz beer. If you are drinking a higher-proof liquor, a malt beer, or a mixed drink with more than one shot of alcohol, then you fall outside the suggested guidelines. Drink size is also important. A 16 oz. cup filled with half alcohol and half coke is the same as 6 1 oz. shots of the same alcoholic beverage.

No, under Arkansas law, a DUI cannot be used to enhance a DWI.  For example, if you get a DUI when you are 19 and then get another DUI when you are 20, it will be a DUI-2.  But if you then get a DWI when you are 21, that will be a DWI-1, and the DUIs will not be used to enhance the DWI to a DWI-2 or DWI-3.

Yes, a prior DWI can be used to enhance a DUI.

Enhancement for prior DWIs and DUIs during the 10-year look-back period are determined from the date the violations occurred rather than the date of conviction.

The Courts will look back ten years.

Yes, you can.  You may be charged with a DWI if your BAC is .08 or greater, or if you are operating or in actual physical control of a vehicle while intoxicated.

1st Offense

• Fines:  $100-$500
• Classes:  Alcohol Education Classes and MADD Victim Impact Panel
• Driver’s License:  DL suspended for 90 days

2nd Offense

• Fines:  $200-$1,000
• Classes:  Alcohol Education Classes and MADD Victim Impact Panel
• Driver’s License:  DL suspended for 1 year.
• Community Service:  No less than 30 days

3rd Offense

• Fines:  $500-$2000
• Classes:  Alcohol Education Classes and MADD Victim Impact Panel
• Driver’s License:  DL Revocation for 3 years or until minor reaches 21 years old, whichever in longer
• Community Service:  No less than 60 days

Yes. “Influence” for the purposes of the DUI statute means being affected by the ingestion of alcohol or similar intoxicant, or any combination thereof, to a degree that the driver’s reactions, motor skills, and judgment are altered or diminished, even to the slightest scale, and the underage driver, therefore, constitutes a danger of physical injury or death to himself and other motorists or pedestrians.  For a DWI, there must be substantial impairment of the driver’s reactions, motor skills, and judgment.  

In Arkansas, DUI is basically a zero tolerance DWI for anyone under the age of 21.

The law states: It is unlawful for any underage person to operate or be in actual physical control of a motor vehicle while under the influence of an alcoholic beverage or similar intoxicant.

It is unlawful for any underage person to operate or be in actual physical control of a motor vehicle if at that time there was an alcohol concentration 0.02 but less than 0.08 in the person’s breath or blood.

Over 98% of our firm’s caseload is comprised of alcohol and drug-related offenses. It is what we do!  Call one of our attorneys today to see if we can help you.

We encourage people to examine all avenues prior to making a decision on which firm to hire. Speak with your family attorney and speak with an attorney at our firm. If you believe that the family attorney can provide a valuable service at a reasonable price, then you should consider hiring them.  However, if you believe that you need an attorney who has more knowledge and experience specific to the practice of DWI cases, and if you believe we can provide the help you need, then you must decide what it is worth to you. Many people only consider the fine amount when trying to decide if they should hire an attorney. Our fee is based on the work we do; not on the potential fine amount you would have to pay. These are complicated cases with multiple issues to investigate and research. When deciding if you need an attorney and how much you are willing to pay that attorney, consider not just the potential fines you may be required to pay, but also the social stigma, potential increase in insurance, potential loss of income or promotion at your place of employment, loss of your license, jail time, and consequences of enhancement if caught in this situation again.

Deciding to fight a DWI is a personal decision and should not be made lightly. In some cases, there are no plausible defenses; but many times there are. Our lawyers have won a great number of DWI cases.  Although we guarantee no results for a particular case, we can make one guarantee:  If you hastily plead guilty without having a qualified person examine your case, you will in fact be found guilty and suffer all the consequences of doing so. If you hire an attorney who is experienced in DWI trial work, you at least have a fighting chance.  We have been told by a number of clients that other attorneys have told them there is no way to win a DWI case. This is all too often the opinion of attorneys who are not familiar with the intricacies of DWI practice.   Many people believe that if a machine says you had a BAC of .08 or greater, then you will automatically be found guilty of DWI. This is simply not the case. The machines are not infallible, but it requires an attorney who is educated and trained on the specific functions of the testing machines and knows the science behind the numbers to show the judge and/or jury that the number does not necessarily tell the whole story.  

See our Success Stories Section to read the facts of real cases where our clients were found Not Guilty.  Contact an attorney at COLLINS, COLLINS & RAY to discuss the specifics of your case and then decide if you want a fighting chance.

No, because at this stage of the case, it is almost always too early to make the decision to plead guilty.  It would be extremely unusual for the State to have the case paperwork available for review prior to the plea and arraignment date. As a result, you must plead not guilty in order to see the evidence to determine if the State can actually prove their case. Many DWI’s are won based on an improper procedure, an invalid test, or a faulty machine. It would be impossible to know if the facts of your case fall into that category if you do not wait until your attorney sees the paperwork on your case. Judges realize and expect an attorney to plead their client not guilty until the attorney has had the opportunity to examine all of the evidence and reports to determine if the client has a defense.

That is a trick question. Technically, you can proceed with your DWI case without an attorney.  The Courts will allow you to do so, but you must sign a form waiving your right to an attorney. If you waive your right to an attorney you are giving up your chance to have the law and the consequences explained to you. Neither the Judge nor the prosecutor is allowed to give you legal advice.  Many people do not realize the severe punishment they could receive for a DWI conviction.  More importantly, they are not aware of the rights they have and the burden that must be met by the State to prosecute a DWI. Also, if you hire an attorney at our firm we can most likely save you the time and embarrassment of having to go to the plea and arraignment. Frequently, we are able to enter our appearance on behalf of the client, plead the client not guilty, and request a trial date without the client missing work to attend.

Your plea and arraignment is the court date, usually written on the ticket you receive from the police, that is your first appearance for your DWI case.  On this date, one of two things can happen.  Either you plead not guilty and a trial date is set, or you plead guilty.  No evidence will be presented and you will not be allowed to tell your story. Those things will happen on your trial date.  If you do not have an attorney present, you will likely be asked to sign a waiver of counsel. Make sure you read the waiver very carefully. DWI and DUI have severe consequences and you need to know what rights you are giving up.   

In 1983 NHTSA validated the battery of tests in the field rather than a laboratory setting and determined a need for a standard scoring process.  In conducting these “studies”, the NHTSA came up with standardized ways of conducting the tests and standardized clues for scoring the results.  It is important to note that none of these studies have been peer-reviewed as is typical in the scientific community.

Absolutely not. There are many things that can cause someone to fail the field sobriety tests. The NHTSA has listed several circumstances under which a person should not even be given the tests because the tests are not valid indicators of intoxication if certain circumstances exist.  For example, extremely overweight persons should not be given the walk and turn or the one-leg stand.  Nor should people over the age of 65.  Often, a police officer will report that a person has failed the field tests, when, in fact, the officer did not follow the standardized testing procedures or the standardized scoring of the tests. When our attorneys cross-examine police officers regarding these tests, we are able to show a judge or jury that our client's alleged “failure” of the tests were actually the result of the officers’ mistakes and not the result of intoxication. Additionally, courts across the country have recognized many legitimate reasons people may not be able to perform the tests, reasons that have nothing at all to do with whether a person is sober or intoxicated. Call to discuss your specific test results with one of our Arkansas DWI attorneys.

First, you must understand that these are “standardized tests.” They are not valid unless properly performed in a standardized method. If performed properly, the tests have the following accuracy rates:

• Walk and Turn = 68% accurate
• HGN = 77% accurate
• One leg stand = 65% accurate
• NHTSA suggests that a walk & turn HGN matrix could yield 80% accuracy when used together.

The problem is that the SFST are rarely performed in a standardized manner. Officers have modified the tests and don’t do them in the exact manner validated by NHTSA. Intimate knowledge of the field tests is essential to a proper defense.  An attorney defending DWI cases must know these tests inside and out and be very knowledgeable regarding the way they are conducted, their accuracy rates, the studies used to validate them, the ways that officers do them incorrectly and the legitimate reasons why a person may not be able to perform the tests. Call one of our Arkansas DWI attorneys to discuss the tests you were given.  

In 1975 NHTSA sponsored a series of studies to determine a battery of tests that would provide officers with standardized and reliable evidence of impairment.

Six tests were given to 238 volunteers by 10 different law enforcement officers:

• One leg stand
• Walk and turn
• Finger to nose
• Tracing (paper and pencil test)
• Finger count
• Nystagmus

The research indicated that only the following three tests were reliable if administered in a standardized fashion:

• One leg stand
• Walk & turn
• HGN

The remaining tests were found to be too unreliable to qualify as approved tests.

NHTSA has advised that any test which helps the officer determine intoxication may be used; however, courts have ruled that these tests have no scientific reliability.

The most common sobriety field tests performed by police are:  Horizontal Gaze Nystagmus (HGN), one-leg stand, and the walk and turn. These are the only three tests that have been certified by the National Highway Traffic Safety Administration (NHTSA). Officers sometimes use various other tests to help them determine impairment, but those tests have no scientific basis and can often be excluded from the case. Officers will also frequently give a field breath test which is used for probable cause to arrest for DWI or DUI but the results of this preliminary breath test (PBT) can not be used as evidence in Court.  Also, most times the officer will violate his/her own training and perform the PBT too soon rendering the results invalid.  

No. But many times an attorney can help you through the system to make sure all requirements are met. Contact one of our Arkansas DWI & DUI attorneys and we can discuss your options.

Yes. You only have seven days to send in your request for a hearing form (the pink sheet). Failure to do so could result in your inability to get an interlock order. It can also result in the loss of your right to file an administrative appeal. An attorney at our firm can help with this process.

If you were in a private vehicle (non-commercial) when you got your DWI, you may be able to get an interlock device on your private vehicle, but it will not allow you to drive a commercial vehicle. If you have a commercial license and you wish to continue driving for work, you need to get legal representation as soon as possible. Many truck drivers find they can no longer make a living without their CDL. In some circumstances we can postpone the suspension of the CDL until after your court date.  Then, if you are found not guilty at trial, you will be able to avoid the license suspension altogether.  However, the time frame to do such a postponement is limited. Therefore, it is critical that you contact a DWI attorney as soon as possible so that you will not miss the opportunity to continue working.  Call our DWI law firm to get more information.

No. The Courts have ruled that giving a sample for chemical analysis is not testimonial in nature and therefore does not require attorney representation. This can be very confusing when an officer reads you the Miranda rights informing you of your right to an attorney, but says you may not speak to an attorney before deciding whether to give the breath, urine or blood sample. The Miranda rights only apply to incriminating statements. The controlling law concerning alcohol testing is commonly referred to as the “implied consent law.” In Arkansas, the criminal code states that if you operate a motor vehicle it is implied that you have given consent to take a sample of your blood, breath, or urine to be tested for alcohol or drugs. In order for the implied consent law to apply to you, the police must show that they had reasonable cause to believe you were in actual physical control or operating a motor vehicle while impaired by alcohol, a controlled substance, or a combination of the two. Call one of our DWI and DUI attorneys to discuss your particular case.

Yes, Refusal to take a chemical test under Act 106 results in additional penalties explained in the Arkansas Criminal Code at 5-65-310 and 5-65-205 and they are too complicated to be explained in the limited space available here. Contact our DUI attorneys. Basically, it is a stair-stepping offense which can negatively impact your driving privilege.  

No, the mere presence of drugs in your system does not mean you are guilty of DWI drugs; the State still must prove that you were impaired by the drugs. Many people today have drugs in their system and function normally. The presence of drugs and the inability to do as well as the officer expects on field tests does not mean you are impaired by the drugs. However, many people are charged under these circumstances. Sometimes the police will do what is called a DRE (Drug Recognition Expert) exam. It is a process in which the officer looks at your pupil size, takes your blood pressure, checks your temperature, etc.  Based on these observations, the officer will give his opinion about the kind of drug he believes you have taken and by which you are impaired. These exams are not required under the law and, unlike the BAC test, there is no penalty for refusing to take them. Many people still do not understand the complexity of these exams or the problems that can occur during the evaluation. Please call one of our DWI attorneys.  We have been trained in the DRE process and will be able to fully explain the 12-step evaluation used by police to charge someone with DWI-Drugs.

The officer may be able to get a warrant to obtain a blood sample for blood alcohol concentration testing; if no blood is taken, though, the officer will have no evidence of what your BAC was at the time. However, if you do not take the offered BAC test, you will most likely also be charged with Refusal to Submit. Refusal is an additional charge and carries some stiff penalties in addition to those for DWI.  Also, a lack of a BAC level will not prohibit the prosecution from proving that you are guilty of DWI.  They will use evidence from the police officer to prove intoxication.  Additionally, the fact that someone refuses to blow can be used as evidence of consciousness of guilt.  In other words, the prosecution will tell the judge that the reason you did not blow is that you knew you were over the limit.  

An interlock device is a machine hooked to your vehicle’s ignition that prevents your car from starting if there is a detectable amount of alcohol on your breath. You must first blow into the device to start the vehicle and, then, at randomly announced times, you must blow into the device again to keep the vehicle operating.  There are several local companies that install the devices and the price for installation and monthly maintenance vary.  A list of the various companies will be given to you by Driver Control when you get your interlock order.

Yes and No. In the past, work permits were often provided to those charged with DWI and allowed driving only during proscribed hours and only for certain activities such as work, school and DWI education classes.  Current law allows for work permits only in cases of DWI-Drugs and for DUI cases for those under 21 years old.  For those charged with DWI, driving is only allowed after an interlock device has been installed in the person’s vehicle.  But, unlike work permits, once the interlock has been installed, there are no restrictions on driving for a first-offense DWI. There are different requirements for people who drive company cars.  Contact one of our DWI attorneys to see how these restrictions may apply to you.

Yes and No. State law prohibits the reduction of a DWI to a lesser charge. You must go to trial or plead guilty. Federal law does not have the same prohibition, and in some instances you may be able to plea to a reduced charge. However, almost all of the DWIs in Arkansas are charged under state law, and, as stated above, DWIs are one of the only crimes in which the prosecutors are not allowed to negotiate or reduce the DWI to a lesser charge.  This is why it is so important that you hire a lawyer experienced in taking DWIs to trial.

A vehicle is defined as every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wire but not operated upon rails. This would include four-wheelers, cars, trucks, electric wheelchairs, golf carts, etc…

The law does not require the operation of a vehicle on a public roadway. Many people have gotten DWIs on private property. This does, however, raise the issue of whether the police had the authority under Rule 3.1 (probable cause to make a seizure) or 2.2 (approaching for the purposes of investigation while not in custody) to actually make contact with you. Call our office and speak with a DWI attorney to determine if your specific facts allow for such a defense.

Ironically, the act of “driving” does not have to be proved by the State in order to convict someone under the driving while intoxicated statute. The law states you must not “operate” or “be in actual physical control of a motor vehicle” if you are intoxicated or have a BAC of .08 or greater. The Courts have interpreted that to mean having the keys in the ignition, whether the vehicle is running or not. Generally, the police will attempt to prove actual physical control by asking if you have been driving or by other circumstantial evidence. The law has become very muddled regarding this element of the crime. If you have a specific question, you should contact our office and one of our DWI lawyers can determine if this defense applies to your case.  We have successfully defended people charged with DWI by showing that the State could not prove that the client was in actual physical control of the vehicle.

No, but it does matter what the drug is. Many prescribed drugs are not scheduled I-VI drugs and therefore, do not fall under the DWI statute. A “Controlled Substance” is a drug, substance, or immediate precursor in Schedules I through VI. The fact that any person charged with a violation of this act is or has been entitled to use that drug or controlled substance under the laws of this state shall not constitute a defense against any charge of violating this act. This statute includes both legal and illegal drugs. There is currently a debate as to whether a non-controlled substance is classified as an intoxicant. Many police officers are arresting people for DWI when the person has taken medication that is not a controlled substance. We have had mixed results in Courts throughout Arkansas. Our attorneys have justifiably argued (with some success) that the statute is too vague as to the definition of “intoxicant”. The Courts that have disagreed did so by focusing on the client’s level of impairment. Use caution and call one of our Arkansas DWI attorneys for more information.

Yes, as stated above, the DWI statute defines intoxication as being influenced or affected by the ingestion of alcohol, a controlled substance, any intoxicant, or any combination thereof.

Aside from the embarrassment, increased insurance premiums, and possible interference with employment and professional licensure, in Arkansas Courts you can look forward to:

1st Offense

• Jail:  Minimum-24 hours; Maximum-1 year
• Fines:  Minimum-$150; Maximum- $1,000
• Court Costs:  $300
• Classes:  Alcohol education class and MADD Victim Impact Panel
• Driver’s License:  DL suspension for 6 months. You will be eligible for an interlock device.  (If it is a DWI-Drugs, then you will be eligible for a work permit.)

2nd Offense

• Jail:  Minimum-7 days; Maximum-1 year
• Fines:  Minimum-$400; Maximum-$3,000
• Court Costs:  $300
• Classes:  Alcohol Education Course and MADD Victim Impact Panel
• Driver’s License:  DL suspension for 2 years; eligible for an interlock device.

3rd Offense

• Jail:  Minimum-90 days; Maximum-1 year
• Fines:  Minimum-$900; Maximum-$5,000
• Court Costs:  $300
• Classes:  Alcohol Education Course and MADD Victim Impact Panel
• Driver’s License: DL suspension for 30 months; eligible for an interlock device.

4th Offense – Felony

• Jail:  Minimum-1 year; Maximum-6 years in prison
• Fines:  up to $10,000 fine
• Court Costs: $300
• Driver’s License:  Revocation of DL for 4 years
• Classes:  Alcohol Education Course and MADD Victim Impact Panel

Enhancements:  There are certain factors that may result in enhanced penalties.  They are fact specific and depend on the unique circumstances of different kinds of cases. Call one of our DWI attorneys to discuss the facts of your case.

Our lawyers frequently use experts on our cases.  For standardized field sobriety tests we use Tony Corrotto or Lance Platt.  For breath testing, we use Dr. Roger Hawk.  The experts vary in expense on a case-by-case basis.

“Intoxicated” means influenced or affected by the ingestion of alcohol, a controlled substance, any intoxicant, or any combination thereof, to such a degree that the driver’s reactions, motor skills, and judgment are substantially altered and the driver, therefore, constitutes a clear and substantial danger of physical injury or death to himself and other motorists or pedestrians.

DWI is a two-part law. This means that you can be convicted under either one of the following two sections of the law:

1. It is unlawful for any person who is intoxicated to operate or be in actual physical control of a motor vehicle.

2. It is unlawful for any person to operate or be in actual physical control of a motor vehicle if at that time the alcohol concentration in the person’s breath or blood was eight hundredths (0.08).

This means that the prosecutor only has to prove one of these facts:  you were either intoxicated or you had a BAC of .08 or higher.  This is how they are able to prove a DWI without a breath alcohol test and even if the BAC is lower than .08.

If an employer provides a vehicle to an employee to conduct its business, then the law provides that the employer must answer for any negligent conduct of the employee while using that vehicle. This means that if you are injured by a negligently driven commercial vehicle, also known as a “company car,” then you may have a claim against the employer in addition to a claim against the negligent driver and any other person causing the accident.

This is typically an important distinction that can have a significant effect on the value of your case and the remedies provided under the law. If you have been injured by a commercial vehicle, our attorneys are standing by to answer your questions and evaluate your potential claim, free of charge.

We have recovered money damages for many of our clients who were the victim of an erroneous or incomplete police report or other improper fault assignments. The officer’s opinion as to who is at fault in the collision is given some weight, but is not binding to anyone involved in the accident. Here in Arkansas, we have numerous law enforcement agencies ranging from: Department of Transportation, Arkansas State Police, Municipal or “City” Police, and County Sheriffs and their deputies. The scope of an investigation into an accident can vary considerably among these agencies. We know firsthand that officers usually do their best with the limited time and resources they have to document accidents. Two of our partners are former sworn police officers and investigated accidents daily. We have literally been there. When it comes to litigating these cases on behalf of our clients this experience, along with years of experience as attorneys handling these cases, allows us to scrutinize accident reports for errors and challenge them at every stage of the proceedings. In close cases, we also call on experts in accident reconstruction to provide consultation or testify in our cases. So, if you are an innocent accident victim that is being forced to overcome faulty assessments as to who is actually “at-fault” in the collision, call us, we know how to help.

Under Arkansas law when someone who owns a vehicle or has control over it turns it over to a person who is intoxicated, or clearly a danger to themselves or others, the person turning over the vehicle and putting it under the dangerous person’s control may have to answer under the law for negligent entrustment. In this way, the law provides accountability for those who put innocently injured drivers in contact with those who are knowingly intoxicated, under-aged or incompetent.

This is a complicated issue in the law and one that our attorneys have significant experience in resolving. If you or someone you know has been injured by an intoxicated or drunk driver, or anyone else that seems to have been negligently entrusted with a motor vehicle, then please call us for a free consultation and evaluation of this specific type of complex claim.

The negligent driver’s insurance company has an obligation to pay for all of the property damages accrued under Arkansas law. Ark. Code Ann. § 27-53-401 (“Calculating damages”) provides in relevant part:

“In all cases involving damage to motor vehicles, the measure of damages shall be the difference between the value of the vehicle immediately before the damage occurred and the value after the damage occurred, plus a reasonable amount of damages for loss of use of the vehicle.” Id. (Emphasis added).

In addition to other compensation owed, the Arkansas state sales and use tax rate is 6.5% and this should be paid when the vehicle is deemed a total loss. As for the value of the damaged vehicle, the owner is allowed to testify about the vehicle’s value immediately before and after the accident. Fair market value is deemed to be the amount of money the damaged or destroyed vehicle would bring on the open market in a sale between a willing seller and a willing buyer after a reasonable opportunity for negotiation.

As a matter of course, the insurance company will have an adjuster determine these values and make comparisons with currently marketed vehicles. The adjuster will ordinarily take notice of things that commonly affect the true value of a vehicle, for example: condition, prior damage, mileage, tire life remaining, and general mechanical condition. These are the usual considerations when addressing the condition of any vehicle for sale making them as important in the context of a post-accident forced sale as in any other transaction. As a practical matter the insurance company does not want to negotiate and in most instances presents a “take it or leave it’ price to the accident victim. However, since the owner knows a whole lot more about the actual condition of the vehicle the law does provide the means to challenge the one-sided arbitrary and false value assignments made by the insurance company.

Finally, turning back to the original question, when a person suffers the loss of use of their vehicle due to a collision, it is more than appropriate to seek direct payment for the time no vehicle was available. We have obtained payments for this loss on behalf of our clients by seeking a comparable vehicle’s rental value for a reasonable time after the accident.

Often when people lose the use of their vehicle from a collision, it can feel like you must take the money that is offered even if it is vastly discounted from the true value of the vehicle. It seems to go this way: first, the negligent driver damages or destroys your vehicle; then, his or her insurer seems to force acceptance of a discounted value for property ruined through no fault of your own. Because vehicles depreciate, it becomes very important to make sure and obtain the best price for the forced sale as well as additional payments for sales tax and loss of use of the vehicle (and seek to determine the availability of a rental car).

Probably, but not necessarily. The driver responsible for causing the accident should provide benefit of a rental car for a reasonable time to allow for necessary repair or replacement. The payment should be coordinated through the negligent driver’s insurance company. However, there are many occasions when, for whatever reason, the negligent driver’s insurance is not available. In those instances, the injured victim may be able to obtain rental car coverage from his or her own insurance policy. If this coverage is provided, then the insurer for the accident victim would seek reimbursement from the negligent driver directly, or his or her insurance company, for the payment(s) made to cover the rental car.

What if there is no rental vehicle provided?

Accident victims whose vehicle was destroyed or damaged in a collision may be injured so severely that driving any vehicle is out of the question for a long time. Injuries from a violent collision keep many people in the hospital or incapacitated to the point that driving a car is the last of their concerns. Alternatively, the injured victim may have someone drive him or her around for a time; or, perhaps the victim owns another vehicle he or she can use while the damaged vehicle is out of commission. Whatever the accident victim’s situation may be, all too often the insurance company for the negligent driver that caused the collision may not volunteer to pay for the loss of using the vehicle for a reasonable time, or for the fair market value of the destroyed vehicle, however, Arkansas law compels these payments in full.

If you or someone you know needs help getting a rental car paid for after a collision, give us a call. We regularly deal with these issues, and we know how to make insurance companies provide coverage due under Arkansas law.

Insurance is mandatory under Arkansas law. Sometimes individuals believe they do not have insurance because the vehicle they were driving was uninsured. This is not always true. Some types of insurance follow you regardless of whose car you are driving, even if the titleholder to the vehicle does not have insurance. If you are interested in more information, reach out to us. CCR is here to help.

Relevant records will be critical to your claim, however, there are some circumstances that call for additional medical documentation.

For instance, if your neck or back were injured in an automotive accident, you would likely seek treatment after. It is not uncommon for those types of injuries to occur during a car wreck. A routine argument among insurance carriers is that injuries that occurred during the accident are “pre-existing.” Using medical records is one way to discredit this theory. If you’ve seen your family physician three times in the past five years and never complained of any neck or back pain during those visits, it is a good indication that the condition did not exist at that time. Records from those visits therefore may be “relevant” to show that you had not complained of those systems previously, even though the records are from a time prior to your injury.

You should record your recollection of the incident while it is still fresh in your memory. Note the names of anyone else involved in the wreck and any witnesses present. Note the location of the wreck and what you were doing when the collision occurred. If you feel the other driver is at fault, note why you have that impression. While it may seem like these details are common sense, over the period of several weeks or months memories can become cloudy. Having a written record of your immediate observations or impressions after the incident can be extremely beneficial.

Yes. Any documentation, including photographs, videos, and witness statements or police reports are evidence that can help build your case. These are helpful for your attorney, as well as your insurance company and the opposing party’s insurance company.

Yes, it is possible to get payment for some of your damages without filing a lawsuit. In fact, we regularly obtain payment for all of the damages owed to injured accident victims through the efficient use of pre-suit and pretrial efforts to compile and present evidence in support of our law firm’s demand for settlement.

In many cases, unfortunately, the insurance company is less than enthusiastic about fulfilling their obligations to provide complete and timely payment. We have seen instances of insurance companies prolonging payment and extending legal negotiations in the seeming hope that the injured party will eventually grow tired of waiting and settle for a lessor amount than may be awarded in court. Although Arkansas imposes regulations on claims handling practices, insurance companies are for-profit corporations with bottom lines, and they usually conduct themselves in that manner.

The challenge faced by injured accident victims is in getting full and complete payments without the necessity of filing a lawsuit or convening a trial. Even though an innocent accident victim suffered injury and trauma, the insurance company will sometimes deny or attempt to devalue claims to such an extent that trial is the only reasonable alternative. Without a trial, or complete acknowledgement of the claim by the insurance company, innocent accident victims risk being paid less for their claims, sometimes much less, or possibly having entire categories of damages discounted and disregarded.

Consider the following scenario: A person injured in a collision is put in pain and discomfort and can no longer attend to their physical work responsibilities. Although many contend that America is now largely a “service economy”, a good number of people still perform jobs that require agility, balance and lifting ability. When in pain, or trying to get over deep tissue damage and fractures, many people just cannot safely go back to the day-to-day demands of their work even it involves sitting at a desk or computer station. Arkansas law accounts for this and other accident related losses by mandating compliance with the law compelling damage payments as follows:

When you are injured by the negligence of another driver, you immediately have a claim under Arkansas law to be compensated for all of the following damage consequences caused by the accident. Those damages may include:

• The nature, extent, duration, and permanency of any injury;
• The reasonable value of any necessary medical care, treatment, and services;
• Any pain and suffering and mental anguish experienced in the past;
• Any disfigurement and visible results of the injury;
• The value of any earning salary and working time lost;
• The reasonable expense of any necessary help in the home, which has been required as a result of the injury;
• If loss of consortium, an award of such damages as from the evidence would fairly compensate for the reasonable value of any loss of the services, society, companionship, and marriage relationship of a spouse proximately caused by negligence; and,
• Wrongful death claims accruing to you and your survivors.
• Ordinarily, each of these elements of harms and losses caused by the collision and trauma necessarily create documents confirming the legitimacy of the claim. Unfortunately, there are times the insurance company will not acknowledge that legitimacy and will attempt to create questions in an apparent effort to discount the value of the claim. Much of our work in these cases is rejecting and overcoming those efforts, and we offer our clients a lot of experience in gathering, compiling, and creating a record to support our demands for complete payment, with or without a lawsuit.

If you have been in an accident and feel you are getting short-changed by the responsible party’s insurance company, contact a qualified personal injury attorney today. Here at Collins, Collins & Ray, we are able to answer your accident, injury, and insurance-related questions, and we are pleased to offer free consultations over the phone or in person.

This complex issue involves details specific to your own health and auto insurance policies. For example, a majority of automobile insurance policies provide Personal Injury Protection (PIP) for medical payment “MedPay” benefits. Most people have this coverage and seek benefit of payments from their own automobile insurance policy to pay healthcare providers in an amount up to $5,000 (the actual amount of coverage may vary). MedPay commonly covers medical expenses for the insured, their passengers, other drivers on the policy, and members of the insured’s household. What many people do not realize is that MedPay insurance coverage provides payments to its own insured(s) even if the other driver is at fault.

Other sources of insurance payments might be available to pay for the medical bills as they accrue to include: Private Health Insurance, Medicare, Medicaid, and supplemental health insurance policies. Unfortunately, many healthcare providers have adopted billing practices making it much harder for accident victims to get their bills paid as they accrue and avoid collection. The results of these practices leave accident victims uncertain they will obtain the benefit of health insurance payments. This takes further discussion to illustrate.

In the past, injured victims could easily submit health insurance claims on his or her health insurance policy as they accrued. Indeed, the medical care provider would do this automatically. This is no longer true as many Arkansas healthcare providers choose to forego submitting accident related insurance claims to known health insurance providers (including Medicare and Medicaid) until they can determine whether they may recover more money from the insurer of the liable third-party who caused the collision. Since this may take up to a year or so to figure out, many innocent accident victims find that even though they have private health insurance, Medicare, or Medicaid, the medical bills are not getting paid and in fact turn are often turned over for collection. Yes, even though an accident victim may have health insurance coverage, the health care provider may not seek payment and instead turn over the accident victim to bill collectors. This is because the healthcare provider(s) never turned in the claim for payment from your health insurance at all. Healthcare providers have negotiated contractual obligations to accept lower payments for service charges paid by private health insurance, Medicare, and Medicaid. Therefore, if the healthcare provider quickly submits billing to a private health insurer, Medicare, or Medicaid (which exist solely to provide benefits for their insured after all), then the healthcare provider may lose the chance to get paid more from the insurer of the liable third party. Additionally, in most instances, the right to leverage and seek payment directly from the innocent accident victim grants stronger rights than if the private health insurer, Medicare, or Medicaid sought reimbursement from the liable third party’s insurance company. This leaves many accident victims in the middle and adds to the anxiety and stress caused by the collision because many find that, in addition to being forced out of work and needing to seek medical treatment, the harm is compounded by harassing collection notices, letters, or phone calls and devalued credit scores.

If you have specific questions about your medical bills getting paid give us a call and we can assess your specific situation.

Absolutely. Even if an accident was not your fault, your insurance needs to be made aware of the fact that you were involved in an accident. Your own policy may provide for payment of your medical bills, even if you were not at fault, then recover those costs later from the other parties insurance. Additionally, you need to report the car accident so your insurance company can hear, directly from you, exactly what happened.

Get qualified legal help right away, but not first. The first and most important thing to do is to get medical help and follow all medical advice. We cannot heal your body, but we can help your peace of mind. We know that personal injury is very personal. We know that it affects everyone differently because not everyone is living the exact same life and not everyone has the same exact daily physical needs. No matter how your accident has forced unwelcome change into your life, we can offer a roadmap and a reliable plan on how to proceed. Because of our experience and knowledge of the law, we know how to cut through bureaucratic red tape and sort through the aftermath of the collision one step at a time. Our firm includes litigation attorneys who have worked on behalf of large insurance companies and small families. We have experience and know how to evaluate a claim and fight for our clients. If you are wondering what steps to take next, give us a call.

Expert witnesses, though not always necessary to prove fault, are certainly always helpful. Expert witnesses are those with a specific skill set or training, recognized by the court, that testify on behalf of individuals. An expert witness can shed light on industry standards and conduct, as well as discuss the application of those standards in your particular case. Naturally, cases vary because situations on the road vary. Each case is different so how much and what level of testimonial evidence is required will, of course, depend on the individual claim. If you have questions about expert witnesses or what role they can play in investigating a car or truck accident, call CCR for more information.

As with any vehicle, the competence of the driver varies by individual. Any number of factors can contribute to an accident with an 18-wheeler. With many state and interstate highways crossing through it, Little Rock, Arkansas has been identified as one of the top five cities for fatality accidents in the country. The reported total fatality rate per 100,000 people is nearly 18. Among these are a high number of pedestrian fatalities. Major causes of truck and semi-truck accidents often include violations of the Motor Carrier Safety Regulations (“DOT Regs”) and:

• Driver tiredness and fatigue
• Poor or faulty maintenance practices
• Distracted driving
• Brake failure or out of service brakes
• Tire blowouts
• Override accidents
• Runaway trailers
• Overloaded trailers/ semi-trucks
• Jack-knifing
• Driver error
• Highway conditions/weather
• Time-sensitive deadlines

If you are interested in learning more about common causes of trucking accidents here in Arkansas, give CCR a call today.

Truck accidents are handled differently from other motor vehicle accidents because of the state and federal agencies working to regulate the trucking industry. Often, insurance companies send representatives and adjusters to the scene of the accident. Those same insurance companies employ many attorneys to defend the bad driving or safety violations that caused the accident.

CCR’s truck accident attorneys know how to help right away. One of our attorneys worked for several years for national insurance corporations in defense of many car and commercial truck accidents. Additionally, we have industry experts to assist us in investigating and evaluating the scene of the accident while taking important photograph and video evidence, conducting witness interviews, investigating involved drivers, evaluating equipment, maintenance records, driver’s logs and other safety records. Another attorney represented trucking firms as in-house counsel and understands the rules and regulations applicable for truck drivers and their employers Additionally, two of our attorneys have prior experience as sworn and certified police accident investigators and know how to evaluate the true causes and driving violations that lead to the accident. We take a team approach towards the entire accident and focus all of our efforts to ensure our clients receive fair compensation for their harms and losses caused by unsafe practices and unsafe driving.

Many people injured in truck accidents receive medical assistance right away due to the severity of their injury. This is important because the law does must take measure of the medical treatment and medical requirements when evaluating the true value of full compensation. Others, sadly, do not survive and we offer our clients deep experience with pursuing claims on behalf of the deceased for wrongful death, loss of life, as well as mental anguish and grief suffered by their surviving loved ones. Proper and timely medical treatment combined with the aid of knowledgeable attorneys can make a difference for those injured or surviving family members seeking to place accountability upon those responsible for causing the harm.

Let us help you cut through the confusion and get answers to your questions about your injuries and truck accident claim.

Naturally, every case is different; however, a survey of Arkansas accident cases revealed dangerously overloaded trucks being driven with poor braking systems that were not maintained, or that were altered, along with questionable tires, and other unsafe maintenance practices. By choosing to ignore or put off necessary maintenance, unscrupulous operators shift their safety risk to the unsuspecting public. The law provides the tools necessary to hold such operators and their insurance companies accountable.

Large and heavy commercial vehicles, such as chemical and tanker trucks, concrete trucks, big-rig (semi) trucks, log trucks, tractor-trailers are all types of trucks that have been reported to causes serious injuries to those travelling Arkansas highways. There are approximately 5000 people that die in the United States each year. Many of those victims were in passenger cars/SUV’s and pick-up trucks when struck by a big rig.

Truck accidents can be especially complex and require an attorney with a high level of skill and experience. There are more factors at play when dealing with an accident with an 18-wheeler or other large truck. Often times the vehicle involved is owned or operated by a company, this has significant implications for your potential claim. If you have been hit by a semi-truck, or other large company vehicle, CCR is here to answer your questions and help you on your road to recovery. Call us today.

Any relevant information you have regarding the accident should be gathered. This includes, but is not limited to, photographs, videos, written notes you made regarding the accident (i.e. your present sense impression, any witness names), a copy of the police report, your insurance information, any reports reflecting the estimated damage done to your vehicle (i.e. cost of repair), any medical bills that stemmed from the accident. If you have any questions about what information may be relevant to your potential claim, give us a call and CCR will be happy to help you make that determination.

There is a surprisingly simple way to get payment for all your damages without filing suit. By keeping records and documentation about the accident up to date and in order, you can make a copy available to the insurance company, if they are agreeable to a reasonable settlement.

In many cases, unfortunately, the insurance company is less enthusiastic about fulfilling their obligations. We have seen instances of insurance companies prolonging legal negotiations in the hopes that the injured party will eventually grow tired of waiting and settle for a lesser amount than they may be awarded in court. Insurance companies are for-profit corporations with bottom-lines, and they usually conduct themselves in that manner.

If you have been in an accident and feel you are getting short-changed by the responsible parties’ insurance, contact a qualified personal injury attorney today. Here at CCR we are able to answer your insurance related questions, and offer free consultations.

This complex issue involves details specific to your own health and auto insurance policies. For example, a majority of automobile insurance policies provide Personal Injury Protection (PIP) for medical payment “MedPay” benefits. Most people have this coverage and seek benefit of payments from their own automobile insurance policy to pay healthcare providers in an amount up to $5,000 (the actual amount of coverage may vary). MedPay commonly covers medical expenses for the insured, their passengers, other drivers on the policy, and members of the insured’s household. What many people do not realize is that MedPay insurance coverage provides payments to its own insured(s) even if the other driver is at fault.

Other sources of insurance payments might be available to pay for the medical bills as they accrue to include: Private Health Insurance, Medicare, Medicaid, and supplemental health insurance policies. Unfortunately, many healthcare providers have adopted billing practices making it much harder for accident victims to get their bills paid as they accrue and avoid collection. The results of these practices leave accident victims uncertain they will obtain the benefit of health insurance payments. This takes further discussion to illustrate.

In the past, injured victims could easily submit health insurance claims on his or her health insurance policy as they accrued. Indeed, the medical care provider would do this automatically. This is no longer true as many Arkansas healthcare providers choose to forego submitting accident related insurance claims to known health insurance providers (including Medicare and Medicaid) until they can determine whether they may recover more money from the insurer of the liable third-party who caused the collision. Since this may take up to a year or so to figure out, many innocent accident victims find that even though they have private health insurance, Medicare, or Medicaid, the medical bills are not getting paid and in fact turn are often turned over for collection. Yes, even though an accident victim may have health insurance coverage, the health care provider may not seek payment and instead turn over the accident victim to bill collectors. This is because the healthcare provider(s) never turned in the claim for payment from your health insurance at all. Healthcare providers have negotiated contractual obligations to accept lower payments for service charges paid by private health insurance, Medicare, and Medicaid. Therefore, if the healthcare provider quickly submits billing to a private health insurer, Medicare, or Medicaid (which exist solely to provide benefits for their insured after all), then the healthcare provider may lose the chance to get paid more from the insurer of the liable third party. Additionally, in most instances, the right to leverage and seek payment directly from the innocent accident victim grants stronger rights than if the private health insurer, Medicare, or Medicaid sought reimbursement from the liable third party’s insurance company. This leaves many accident victims in the middle and adds to the anxiety and stress caused by the collision because many find that, in addition to being forced out of work and needing to seek medical treatment, the harm is compounded by harassing collection notices, letters, or phone calls and devalued credit scores.

If you have specific questions about your medical bills getting paid give us a call and we can assess your specific situation.

You probably have no way of knowing unless you have prior experience as an insurance adjuster or attorney. Every insurance company hires and pays the salaries of scores of investigators. Those investigators have responsibilities to report to the insurance company first; they answer to the people who pay them first. This may affect your claim in that insurance investigators, also called “adjusters” are trained to gather information in ways allowing them to discount and devalue claims by looking for anything that might prop up an argument challenging fault or proof of damages. Generally, these investigators are very busy and have many claims to handle. It is only natural for them to pay attention to well-documented claims compiled and presented by attorneys who know what they must consider when deciding whether and how much to pay for a particular claim. Your life-altering accident is only “a claim” to the insurance company; one of tens or hundreds of such “claims.” You lost a loved one or the use of your body and the insurance company has a computer and file folders keeping track of your injuries and damages, and they only pay for what gets included in those files. The insurance company has teams of investigators and attorneys to document their file, shouldn’t you? Shouldn’t you have someone who knows how to make sure your life and your claim are being given a fair shot?

To know if you are being made a reasonable offer, it is best to get a second opinion from someone with extensive experience in representing injured people whether the injuries came from: automobile collisions, truck accidents, airplane crashes, or boating incidents. We have an extensive understanding of tactics used by large insurance companies from working for them and against them. When turning our focus and experience to help those wronged by insurance companies, we developed significant experience representing injured accident victims. We don’t take every case, but for clients we choose to represent, we put our experience to work to ensure our clients obtain the level of compensation they are owed and for which they deserve.

Any documentation that you have will be helpful to your potential claim. Any photographs or video footage you have will be beneficial for your insurance company as well. You need to keep a copy of the police report and any other documents you receive related to the accident.

Documents to save for your personal records include, for example, any medical bills, medical records, accident reports, car repair estimates, correspondence from an insurance company, and photographs or videos of the damage.

Many people choose to write down their impressions and memories of the incident while they are recent. As with any situation, details can seem less clear after a great deal of time passes; the sooner you record your thoughts, the better.

We have recovered money damages for many of our clients who were the victim of an erroneous or incomplete police report or other improper fault assignments. The officer’s opinion as to who is at fault in the collision is given some weight, but is not binding to anyone involved in the accident. Here in Arkansas we have numerous law enforcement agencies ranging from: Department of Transportation, Arkansas State Police, Municipal or “City” Police, and County Sheriffs and their deputies. The scope of an investigation into an accident can vary considerably among these agencies. We know firsthand that officers usually do their best with the limited time and resources they have to document accidents. Two of our partners are former sworn police officers and investigated accidents daily. We have literally been there. When it comes to litigating these cases on behalf of our clients this experience, along with years of experience as attorneys handling these cases, allows us to scrutinize accident reports for errors and challenge them at every stage of the proceedings. In close cases, we also call on experts in accident reconstruction to provide consultation or testify in our cases. So, if you are an innocent accident victim that is being forced to overcome faulty assessments as to who is actually “at-fault” in the collision, call us, we know how to help.

The insurance company will be very happy to settle your personal injury claims without paying you full value. The insurance company has no duty to keep you from being turned over to collections companies for failing to pay medical debt. We offer confidence that when you receive a settlement check from the insurance company, it actually has the right numbers on it to account to you for all of the harms and losses caused by the collision. Can you be sure the insurance company, with its teams of investigators and attorneys, is looking out for any of your interests and paying you full value? Can you be sure that the amounts claimed by medical providers for treatment have been fully accounted for in the settlement? Can you be sure that you no longer require any further medical care and treatment and that you will have the money to pay for it from the proceeds of the settlement? We offer our clients answers to these and other questions arising in their personal injury claim and we work very hard to address these questions before the settlement amount is determined.

Liability, or fault, is one of the first determinations made that can affect the value of your personal injury claim. Comparative fault is the term the law uses to “compare” the negligence of the drivers involved in the accident. If you and another driver were both partially to blame, there is likely an issue of comparative fault. In some cases, innocently injured accident victims are faced with an untruthful driver who enlists the aid of his/her insurance company to attempt to shift the blame from himself/herself to the innocently injured driver. This problem can be compounded when there are no witnesses and a seeming lack of reliable evidence reflected in the police report.

If you or someone you know is seeking the assistance of a personal injury attorney and comparative fault is an issue, please feel free to call and we will be pleased to provide a free consultation to go over this important issue. Comparative fault may have a significant bearing on the amount of monetary compensation you receive for the harms and losses you or a loved one suffered in the accident. Our skilled attorneys are deeply familiar and experienced in identifying and handling legitimate comparative fault issues. We know how to confront those that are not. If you or someone you know is dealing with a comparative fault issue, our law firm is here to help.

The insurance company has a duty to investigate claims and identify any support for them. This duty includes speaking to everyone involved as well as witnesses. Insurance companies record telephone statements because they deal with cases every day in various stages of litigation, and they are aware memories fade and impressions change over time.

Insurance companies may use recorded statements in an attempt to trap those involved in accidents. If the recorded statement is taken too early, the injured person or family member may not have a full grasp of the injuries, including whether they are permanent or will require future medical and surgical procedures. Also, what we know from litigating many such cases over the years is that the insurance adjusters are usually clear-headed and well prepared for the call, have access to the police report, witness statements and the like, and they usually choose the time of the call when all of this information is in front of them. In contrast, the injured person is usually less prepared, not medically trained to understand their injuries, and perhaps fatigued or confused by the use of strong prescription medication to combat pain and discomfort caused by the accident. All of these factors combined turn what may seem like a simple phone call into a real turning point for a case before it really gets off the ground.

Be ready to discuss all reliable memories and impressions of the collision and its effects. The main focus will be questions addressing “liability” and “damage” assessments so the claim can be evaluated and any additional work on the claim can be identified. These are the two most critical assessments made when attempting to value and resolve your case. In plain terms, this means the adjuster will talk about who was at fault in the collision and the facts supporting this conclusion. The adjuster will also want to get answers about the extent of any injuries. Additionally, any contemporaneous witness statements or on-scene investigative results will be important topics of discussion.

This conversation may be used to trap the unwary because it is usually between a trained investigator paid by the insurance company and someone who is hurt or not in the best frame of mind to answer questions and provide details about the accident or resulting injuries. Severely injured victims may not be able to communicate very well for an extended period of time, while others may be taking heavy pain medication, and these conditions prevent injured victims from fully participating in the investigative process whatever random times the adjuster may call. If we are involved early in the case we may opt to forego the initial statement altogether when the law provides that option. We know that our effort and ability to document and present a case is likely much more informed and complete than what can be gathered during a brief phone call.

Although every state mandates fair claims practices, the insurance adjuster answers to his or her bosses at the insurance company and not the injured accident victim. Because insurance companies are some of the oldest and largest for-profit companies in existence, it is easy to understand they have a bottom line to account for and other close call considerations are going to give way at times to profit motives. Other problems that can be created early on during this brief call arise because it is not always apparent to people exactly what the scope and extent of their injuries are during the few hours or days that pass before this initial phone call, which the insurance company always records for their own purposes. Some problems with this system are found in the fact that most injured people do not have any medical training, and even if they did, usually lack all of the available information and tools available to their medical care providers to provide complete diagnosis and care plans. Added to these limitations is the fact that some types of accident related traumas do not show up immediately. There are lots of reasons for this, but consider that as a practical matter a person may not register deep knee pain when attempting to recover in a hospital and not getting up and around on their own. The same may be true for all sorts of injuries that are caused by the trauma.

When the law provides this option we tell our clients to instruct the insurance company to call us, their attorneys. This way, we can gather and compile all of the important medical information and develop it without inviting unwarranted skepticism that arises when an injured person fails to describe their injuries and limitations very well during a brief phone call. It is important to note, however, that if a person’s own insurance company calls and asks questions, the insured has a duty to cooperate and likely needs to answer the questions as posed.

The insurance adjuster is human. Like all human beings he or she may have a tendency to think that the first words used to describe the trauma and its consequences are all they need to hear about the matter. However, we know from handling this cases over many years that there is always more to the story and we know how to tell it. Otherwise, the busy claims adjuster’s notes taken in an out-of-state office during one of the many phone calls made that day may prove to be an insurmountable barrier to obtaining the full value available to injured accident victims.

We understand this concern and are here to help you address it. Inability to go back to work after an accident is one of the primary problems our clients face. The urgency that often comes with being unemployed is a feeling we are all familiar with. This sense of urgency is only heightened if you have family members depending on your income.  Not surprisingly, facing unemployment, either on a long-term or on a short-term basis, provides a great deal of motivation for many clients to contact us quickly after their accident. Many want to know what options are available to them and their families. If you are in a similar situation, give us a call to set up your free consultation!

While only relevant records will be critical to your claim, determining what is actually relevant and what is not can be confusing and often frustrating for accident victims and their loved ones. It is a common assumption that the only relevant medical records are those from time of your treatment directly following the accident. It is certainly true that those records are a crucial part of your claim; however, there are some circumstances that call for additional medical documentation.

Yes, any medical records related to your claim will be considered evidence, or proof, of your injury. You will need these documents to demonstrate to the opposing party, and possibly to the judge or jury down the line, the extent to which your life, or the life of a loved one, was affected by the accident. Medical records are just one of the many pieces of evidence used to evaluate the impact of a potential claim.

Yes, in certain situations you may file a claim against the state or city, but there are special rules in play. This is a complex legal issue that should be decided on a case-by-case basis. If you suspect a city, county or state employee was responsible for the accident that injured you or a loved one, call CCR today.

We can help you attempt to negotiate with the insurance company without filing suit. Unfortunately, this tactic is usually ineffective. It is important to keep in mind; however, in most cases the primary party involved is not your friend or loved one, but their insurance company. Traditionally it is the insurance company that will be required to pay for the damage caused by the insured party.

We certainly understand the hesitation regarding filing a suit against a family member or close friend. In situations like this, it helps to remember the checks and balances of our society. Here in Arkansas, we are all required to have insurance on our vehicles; we all pay insurance premiums regularly, with the expectation that our insurance company holds up their end of the deal, so to speak. We have insurance to protect our lives and our property from the “unexpected,” and accidents, by definition, are never expected events. Some pay insurance premiums their entire adult lives without ever being involved in an accident or filing an insurance claim, but those who do have the misfortune of being hurt in a serious accident rightfully expect insurance to then cover the damages that premiums had been paid toward.

If you have questions about all the specific options available to you, call CCR for your free consultation.

Obviously, the most immediate action you should take is to address any physical injuries that you may have suffered during the accident; however, after you seek medical care, you should consider reaching out to the firm that you feel is best suited to handle your claim. There are many lawyers and law firms in Arkansas, but as with any service provider, not all attorneys specialize in the same areas, have the same level of experience, or the same ability to communicate effectively both with clients and in the courtroom.

The sooner you can get a qualified attorney to evaluate your claim, the better. At CCR, we have experts in the field of accident reconstruction on call. If we are timely retained after an accident, our experts can often make detailed observations and judgments by examining the scene of the wreck.

We encourage prospective clients to come in for a free consultation and get to know our firm better. We would love an opportunity to discuss your potential claim and address any questions or concerns you may have about the process of filing a lawsuit after you or a loved one have been hurt in a wreck. Call us to set up your appointment.

An attorney can help you evaluate your potential claim and decide what legal options and strategies are best suited to meet your goals. Lawyers become your representatives in court as well as to the insurance companies. Choosing a legal representative who is knowledgeable and experienced can be very beneficial. To learn more about how we can help with your specific legal issue, contact our firm today.

Get qualified legal help right away, but not first. The first and most important thing to do is to get medical help and follow all medical advice. We cannot heal your body, but we can help your peace of mind. We know that personal injury is very personal. We know that it affects everyone differently because not everyone is living the exact same life and not everyone has the same exact daily physical needs. No matter how your accident has forced unwelcome change into your life, we can offer a roadmap and a reliable plan on how to proceed. Because of our experience and knowledge of the law, we know how to cut through bureaucratic red tape and sort through the aftermath of the collision one step at a time. Our firm includes litigation attorneys who have worked on behalf of large insurance companies and small families. We have experience and know how to evaluate a claim and fight for our clients. If you are wondering what steps to take next, give us a call.

You are encouraged to maintain a copy of all relevant paperwork for your own records; however, if you are having difficulty obtaining the report or have questions about the process, we would be happy to help you. Call our office today for more information.

Yes, when life is interrupted by negligence you must be ready to take action immediately to preserve your legal rights. To successfully obtain all of the money you are entitled to receive under the law you must be prepared to begin documenting every aspect of the items the insurance companies will take measure of when assigning a value to a claim. The initial effort to document the claim occurs when accident victims notify the responsible insurance company. This is an important step in the process because if due care is not taken important components of the claim may be overlooked or disregarded. We can help with this phase of the claim, but it requires contact immediately.

If you have been injured due to the recklessness or carelessness of someone else, having an attorney who will listen to your concerns and answer any questions about the process of pursuing a legal claim can be beneficial to you and your family. Hiring an attorney is an important decision, and one you should only make once you have done your research. An ideal attorney is one who has experience working successfully with personal injury cases both in and outside of the courtroom. Additionally, it’s critical that you and your attorney have an open line of communication. Your attorney is your legal representative, trusted to operate on your behalf; as such, you should choose an attorney who you feel comfortable representing your interests. Here at CCR we offer free consultations for all potential personal injury claims. Call today to speak with one of our experienced personal injury attorneys.

You can certainly handle your own accident claim. One of the great things about our country is the accessibility of the legal system to non-lawyers; however, one of the more beneficial aspects of our justice system is that you can have a trained, knowledgeable advocate navigate the legal waters on your behalf. While you have the option to file a claim without an attorney, you may find yourself at a severe disadvantage in the courtroom. Many are dismayed to realize, often too late, that simply showing you were injured is not enough to successfully pursue a personal injury claim. Litigation has many nuances to consider, including depositions, expert witnesses, as well as court policy and procedure, to name a few. It’s important to keep in mind the attorney representing your opponent will be very well versed in not only the circumstances of the case, but the applicable law. If the opposing party has legal representation, shouldn’t you?

• CNS Depressants – this category is made up of drugs like Clonazepam, Xanax, Soma, Ambien, barbiturates, tranquilizers, methaqualones,  etc…
• CNS Stimulants – this category consists of Amphetatmines, Methamphetamine, Cocaine, etc…
• Hallucinogens – this is mushrooms, peyote, acid, etc…
• Dissociative Anesthetics – PCP, sherm, embalming fluid, etc…
• Narcotic Analgesics – heroin, oxycontin, hydrocodone, oxycodone, hydromorphone, morphine, roxycontin, etc…
• Inhalants – Anesthetic gases, aerosols, volatile gases, gasoline, Freon, dust off, etc…
• Cannabis – The Devil’s Lettuce, Weed, Pot, Marijuana, Hashish, oils, wax, etc…

The definition under Arkansas law is: Controlled substance means a drug, substance, or immediate precursor in Schedules I through VI. The fact that any person charged with a violation of this act is or has been entitled to use that drug or controlled substance under the laws of this state shall not constitute a defense against any charge of violating this act;

The definition of a drug in the DRE protocol is: Any substance, which when taken into the human body, can impair the ability of the person to operate a vehicle safely.  Keep in mind this is an extremely broad definition.

• Pupillometer
• Sphygmomanometer (Blood pressure cuff)
• Stethoscope
• Thermometer: oral, digital, with disposable covers.
• Penlight: low power, medical style.
• Magnifying light: generally five to ten magnification power, similar to those used by stamp collectors and model builders.
• Pen or Pencil: used to conduct eye examinations.
• Evidence containers: for blood or urine
• Protective gloves, latex and/or rubber.

Step 1: The police officer must first check to see if the person arrested has a blood alcohol concentration of .08% of higher by administering a breath test.  If the person is .08% or higher the exam stops and the person is arrested for DWI Alcohol.  If the person registers below the legal limit the officers keep looking.

Step 2: The second step is to interview arresting officer.  This sounds much more formal than the reality of it.  It, generally, consists of the DRE asking the arresting police officer what happened and why he/she was called over to do an evaluation.  It would often relate to whether the person admitted drug use, were drugs found in the car, was there paraphernalia, etc…

Step 3: The preliminary examination is simply the officer asking a number of “qualifying” questions about when they last went to the doctor, what medications they take, what medical conditions they have, and other questions that may lead the DRE to determine that there should be a medical rule out.

Step 4: This step is where DREs examine the eyes by conducting the horizontal gaze nystagmus, vertical gaze nystagmus, and check for a lack of convergence.  Don’t worry if you are not sure what that means.  Our attorneys are very versed in all of these tests and the multitude of causes for each.

Step 5: Next officers get the arrested person to perform the divided attention tests.  These are the tradition tests (nine step heel to toe and standing on 1 leg) but with the addition of the finger to nose and Rhomberg (a test where the person closes their eyes and tilts their head back) tests.

Step 6: The DRE would then check the arrested person's vitals by recording the person's BP, heart rate, and body temperature.  The heart rate should be checked a total of three times at different intervals.

Step 7: The DRE must also do a darkroom examination of pupil size in various lighting conditions (this part also includes an examination of the nasal and oral cavities).

Step 8: Next is a check of the arrested persons muscle tone.  The DRE will list the muscle tone as Rigid, Flaccid, or Near Normal.  Notice there is no category for normal.  This test is also very subjective in that there are no standards to determine rigidity vs flaccidity.  

Step 9: The DRE must check for injection sites.  The DRE is looking for fresh puncture makes and scarring from previous use.

Step 10: This step is crucial in that it requires the officer to ask what the person what they are impaired by.  These statements are often the most damning because the person is giving up their right to remain silent, often are simply admitting the medication they are prescribed and not at all intending to admit they are impaired by that medication.

Step 11: The DRE then takes all the information they have received and form an opinion.  The police officer will name the drug category they believe the person is impaired by or will determine the person is not impaired by a drug.

Step 12: The final step is to do a urine or blood test to confirm that drugs are in the arrested person’s system.  The presence of drugs does not mean the person is impaired by the drug.  Each drug has its own half-life and can show up for hours or days after the effects of the drug have dissipated.  For example, marijuana can stay in urine for up to 45 days but no one could argue a person would be impaired for 45 days.

Phase 1: Preliminary Training (Our attorneys refer to this as Pre-school)

It is two days of learning basic drug terminology and the 7 drug categories. This is also the police officer’s introduction to the Clinical and Psychophysical examination procedures.

Phase 2: Main Drug Recognition Expert Training

This section is a seven-day school.  It usually takes place 3 or 4 weeks after preschool. The training includes an overview of the drug evaluation process, legal issues, case preparation, and testimony preparation.

Phase 3: DRE Certification Training:

On the Job Training (OJT): The officers must identify 12 people found to be positive for drugs. The trainee must identify at least 3 of the 7 categories. Then take a test. The OJT is to be monitored by a DRE instructor.

According to National Highway Traffic Safety Administration, when the DREs claimed drugs other than alcohol were present, they were almost always detected in the blood (94%). But if you were to look in the police officer’s training manual the percentages broken down by category are more telling. The percentages listed in the manual by drug category are:

• PCP 92%
• Narcotic Analgesics 85%
• Cannabis 78%
• Depressants 50%
• CNS Stimulants 33%

The primary study validating the Drug Recognition Expert protocol is the John Hopkins study.  Our attorneys have included information below about the study.

Identifying Types of Drug Intoxication (1985)

Test subjects were:

• Adults 18-35
• Male
• Healthy (no physical problems and no history of medication use)
• Performed adequately on psychomotor tests
• Then they were trained on the psychomotor tests

If one considers the very specific people used in the study it is easy to see why the numbers are subject to great skepticism.  The people used are certainly not representative of our DWI Drug clients.  Our clients are generally over 25, mostly female, not healthy (which is why they are taking medication), and have never taken a psychomotor test.  It does not take a rocket scientist to determine there is a huge difference in our clients and those used in the study. 

A DRE is a designation given to police officers that have received specialized training with an emphasis in recognizing when people have drugs (prescription and illegal) in their system.  They then testify in cases involving DWI Drugs.

When people are arrested for drug charges, it is not uncommon for them to have property seized by the police.  The legal process by which this is accomplished is called “civil forfeiture.”  A civil case is actually started when the prosecuting attorney sues in civil court for the property seized by the police.  The prosecuting attorney must show that there is probable cause to believe that the property was used for drug activity (such as a vehicle in which drugs are transported) or is the proceeds of drug activity (such as money). An answer must be filed by the person whose property is seized or the property will be retained by default by the seizing law enforcement agency and either used or sold by that agency.  The forfeiture procedures are established by statute which provides that any money or firearms found in close proximity to a forfeitable controlled substance or paraphernalia is presumed to be forfeitable under the statute.   The owner of the property can rebut that presumption by providing evidence that the act was committed without his knowledge or consent.   Real property may also be forfeited under this statute if the property substantially assisted in, facilitated or was intended for use in the commission of a violation of the controlled substances laws.  CCR Law Firm has successfully fought civil forfeiture cases for their clients.  If your property has been seized you only have a limited time to file a response to the forfeiture, so call someone immediately. 

Drug courts are programs designed specifically for people facing drug charges, as well as other charges that may be related to their drug issues, and that assists people in getting treatment for drug problems rather than simply punishing them.  The use of these programs is an attempt to lessen the load on prisons and county jails for those who may be kept out of that system through treatment.  They have been set up by statute and most counties now have some kind of drug court program.  The statute specifies that the program shall be run by the Department of Community Correction and that the programs shall:  serve high-risk offenders and medium-risk offenders; provide drug testing for the participants; provide intensive outpatient as well as short and long-term inpatient residential treatment for participants; identify those participants with a substance addiction and provide a treatment plan to improve the participant’s likelihood of success.  The programs may also provide for continuous alcohol monitoring, which is done through an ankle monitor device.

Penalty enhancements are situations in which the circumstances surrounding the arrest for drug charges result in additional or enhanced  penalties. Examples of penalty enhancements include possession of a C-felony amount of a controlled substance within 1000 feet of certain facilities, including churches, schools, city or state parks, day care centers, etc. This enhancement can add an additional 10-year prison term. Subsequent convictions for drug offenses can result in enhancement of the latter conviction by 2 times the prison term or 2times the fine amount. Delivery of a controlled substance to a minor can also result in additional sentencing to twice the prison term.

Drug paraphernalia falls into two main categories. One is a class of items that are used to inject, inhale or otherwise introduce controlled substances into the human body. Possession of this type of paraphernalia is a Class A misdemeanor unless the controlled substance is methamphetamine or cocaine, then it is a Class D felony. Drug paraphernalia is also any item that is used to grow, manufacture, prepare, process, store, analyze or otherwise relates to the preparation of controlled substances. Possession of this type of paraphernalia is a Class D felony unless the controlled substance is methamphetamine or cocaine, then it is a Class B felony.  

For the purposes of criminal prosecution, drug trafficking is determined by the amount of the drug that is possessed, whether with the purpose to deliver or not, or manufactured.  The amounts necessary to qualify for trafficking of a controlled substance is as follows:  Methamphetamine or cocaine-200 grams or more; Schedule I or II controlled substances-200 grams or more; Schedule III controlled substances-400 grams or more; Schedule IV or V substances-800 grams or more; and Schedule VI controlled substances-500 lbs or more.  Trafficking a controlled substance is a Class Y felony.

There are numerous ways to get drug charges reduced and the attorneys at CCR Law Firm know that even in cases in which there is no way that a Not Guilty result can be achieved, it is often very helpful to get the charges reduced.  For example, we may get a possession with intent reduced to a simple possession by getting some of the seized drugs suppressed.  In cases where a person is charged with manufacturing methamphetamine or cocaine, which, if the amount is more than 2 grams, is a Class Y felony, the charges may be reduced to a Class A Felony if it is shown that the amount manufactured was for personal use.   This can be shown by the fact that the person did not make a delivery of the drugs and by the method of manufacturing as well as the amount manufactured.  The attorneys at CCR Law Firm have been very successful in negotiating with prosecuting attorneys to get drug charges reduced from felonies to misdemeanors.  We have a reputation for being very aggressive in court and this reputation can sometimes help in negotiations.

Possession of drugs without the intent to deliver is often called simple possession (intent and purpose are used interchangeably when related to this issue).  It means that you are being charged with having the drugs in your possession, but that law enforcement does not believe that you possessed them with the intent to deliver them to another person. “Deliver” can mean selling the drugs or simply giving them to another person.  Possession with the intent to deliver carries much harsher penalties than simple possession. When a person is charged with possession with the purpose to deliver, the police are usually unable to show with certainty what someone’s actual intent is; therefore, there are a number of factors that can be used to show purpose to deliver. For example, they may show that a person:  has the drugs separated and packaged in a way designed to facilitate delivery, or that he or she has the means to do so, such as scales or Ziploc bags, has a record of drug-related transactions or has two or more controlled substances in any amount.  Possession with intent of methamphetamine or cocaine is charged as a Class C felony if the amount is less than 2 grams, a Class B felony if it is more than 2 grams and a Class A felony if it is 10 grams or more, but less than 200 grams.  The level of punishment for delivery of cocaine or methamphetamine is also determined by the weight of the drug. A person will get a Class C Felony for less than 2 grams; a Class B felony for 2-10 grams; and a Class Y felony for 10-200 grams.   

CCR Law Firm attorneys have represented clients with a wide range of drug charges, including:  mushrooms, ecstasy, methamphetamine, cocaine, oxycontin, MDMA,  hydrocodone, hydromorphone, heroin, marijuana, valium, benzodiazepines, roxy, adderall, clonazepam, and various other prescription drugs.

The 4th Amendment is one of the core rights found in the United States Constitution.  It basically states that citizens of the United States shall be free of unreasonable searches and seizures by law enforcement.  Many people know that the 4th Amendment is applicable to search warrant cases, but even with cases that do not involve search warrants, the 4th Amendment applies to numerous police interactions with people.  There are exceptions to the warrant requirement, for example, when the police have a vehicle stopped on the side of the road, but the police under these circumstances are not free to search through all areas of someone’s vehicle simply because they have pulled someone over for a traffic violation.  The attorneys at CCR Law Firm can review your case to determine whether or not there has been a 4th Amendment violation in the police interaction with you.  When there has been a violation of your rights under the 4th Amendment, the remedy is often the suppression of the evidence that the police obtained illegally.   

The rights that police read to people upon arrest are the “Miranda” rights.  The “Miranda” rights were the result of a federal court case in which a person named “Miranda” successfully argued to the United States Supreme Court that statements he made to police should be inadmissible in court because the police failed to tell him he did not have to answer their questions or that he had a right to have an attorney present during questioning by police.  Our clients, and the general public, are often confused about what protections the Miranda rights actually provide.   Just because the police failed to read you your Miranda rights does not mean that your arrest was illegal or that all statements made by you will not be admissible.  The timing of when the police read the Miranda rights and the types of statements that are made by people in police custody are also very important in determining whether the statements will be held inadmissible.  Statements made to police while a person is in police custody and in response to police interrogation are subject to the Miranda rule.  If the statements are made voluntarily or if they are made prior to being in police custody, then they are admissible whether the Miranda rights were given or not.  However, the question of whether a person is in custody or whether the statements are voluntary have been areas of successful argument for the CCR Law Firm attorneys to be able to have their clients’ statements suppressed.

It is a legal argument used by the prosecution when defendants argue that they did not, in fact, possess the drugs with which they are charged. Constructive possession means that the prosecutor must prove that although the defendant did not have the drugs on his or her person, the defendant can be found to be in possession of the drugs because of the circumstances surrounding the finding of the drugs. In order for this argument to be successful, the prosecution must show that the substance was in close proximity to the defendant; the defendant had exclusive control of the substance; and that the defendant knew or should have known about the illegality of the substance. Imagine the circumstance in which our children might find themselves riding with a friend who has a backpack full of drugs in the backseat. They may be close to the drugs and may be able to control the drugs, but the question then hinges on whether they knew the drugs were in the backpack. The attorneys at CCR Law Firm understand and have used this complicated legal argument to successfully win numerous cases for their clients.

One of the most common experience that leads to drug arrests are routine traffic stops during which the police find drugs in the car or on the person of the driver or a passenger in the car.  Other common situations involving motor vehicles include:  roadblock stops; canine searches; weight station stops.  Situations not involving motor vehicles that lead to drug arrests include:   “knock and talk” circumstances, wherein the police knock on your door and request to search the premises; buy busts, which usually involve undercover narcotics agents making controlled buys of drugs; conspiracy investigations; search warrants that result from police investigations in which the police have been able to show a judge there is probable cause to believe there are drugs on the premises.

A simple felony marijuana possession charge can result in up to 6 years in prison for a first offense and fines up to $10,000.  A misdemeanor marijuana possession offense can still result in up to one year in jail, but it can also result in a diversionary probation program which can keep it off your record if you complete the program.  A drug conviction of any kind does result in a six month driver’s license suspension, regardless of whether you were in a car.

Yes, it is still a crime to possess marijuana, even very small amounts, in Arkansas. However, the Arkansas Legislature recently changed the laws related to marijuana possession and the possession of smaller amounts, less than 4 ounces, is now a misdemeanor offense. Possession of more than 4 ounces is still a felony in Arkansas. There are a number of factors written into the law that establish whether there was possession with purpose to deliver. The voters of Arkansas recently voted to allow medical marijuana. This change has helped influence the general population’s perception on marijuana use. The rules are currently being debated and yet to be established but soon you will be able to possess marijuana with a medical prescription.

The lawyers at Collins, Collins & Ray, P.A. have represented people charged with all different kinds of drug charges. They have handled cases ranging from 1 gram of marijuana in someone’s pants pocket to 1 ton of cocaine concealed in a tractor-trailer rig. Their experience with drug cases extends to both state and federal court and they have dealt with law enforcement investigators ranging from local sheriff’s offices to federal agencies such as the DEA, ATF, and FBI. The charges our clients faced ranged from possession to manufacturing and trafficking drugs. Our attorneys have successfully handled many seizure and forfeiture cases involving the seizure of guns, cars, houses, and cash.

The main penalties that people think about for drug charges are the prison terms that they may face.  People are also familiar with the fact that they may be facing stiff fines for criminal convictions.  Some of the lesser known and not often considered consequences are those that are not easily measured, such as loss of standing in society and your inability to get the kind of employment you are hoping to find.  All drug convictions result in a suspension of a person’s driver’s license.  Felony convictions also result in a person’s loss of their rights to vote and possess firearms.  

Felony drug charges carry significantly higher penalties than misdemeanors. While the maximum jail time that can result from a misdemeanor conviction is one year in jail, felony drug charges can result in prison terms up to life in prison. The amount of time is determined by the level of the misdemeanor or felony.  Class Y felonies, the most serious, can result in 10-40 years, or life in prison. The prison terms and fine amounts for the other felony levels are as follows:  Class A felony:  6-30 years/fine up to $15,000; Class B felony:  5-20 years/fine up to $15,000; Class C felony: 3-10 years/fine up to $10,000; and Class D felony: up to 6 years/fine up to $10,000. Misdemeanor jail and fines are as follows: Class A misdemeanor: up to one year/fine up to $2,500; Class B misdemeanor: up to 90 days in jail/fine up to $1,000; and Class C misdemeanor: up to 30 days in jail/fine up to $500. Another important difference is that misdemeanor jail time is served in a county jail as opposed to a prison within the Department of Corrections as is the case with felony convictions.

This is a very important question. The answer tends to be a highly personal choice. However, some common reasons may include the following:

1. A belief that serious attention to this problem is required because the victim or surviving family member is truly concerned that someone else will be needlessly hurt if they sit back and fail to sound the alarm about a dangerous medical provider, procedure or process.
2. Perhaps the deceased was the kind of person that would stand up and fight for what is right and the surviving family wants to honor her memory and make sure that every question about her death is given a complete medical and legal answer because that is what she would have done under the circumstances.
3. Maybe the error was so egregious and beyond the pale that the victim or the surviving family members simply could not rest if something were not done to correct it.
4. Sometimes people pursue such cases because of the perceived unfairness for someone to so carelessly cause so much harm without any accountability.
5. Unfortunately, people suffering from medical negligence may be left completely in the dark because the negligent medical care provider will not be up front and communicate about the mistake. Perhaps a cover-up is suspected.
6. Commonly, people pursue such claims because the death cut down a person in their prime earning years and their surviving family was relying on their income and support which is now lost forever due to a medical mistake.

Whatever the motivation, the law does provide accountability for patients needlessly harmed by medical care providers that failed to meet the standard of care required.

In Arkansas, experienced attorneys pursuing wrongful death claims will also be seeking compensation for the value that the deceased placed upon his or her own life.

This is a very specific element of damages and is often difficult to prove without careful consideration of those aspects of a person’s life that can inform such assessments.

Some people may think that it is somehow wrong or that there is no good reason to pursue a wrongful death claim because nothing can be done to bring the person back. However, there certainly are many reasons to pursue a wrongful death claim outside of just seeking monetary compensation, including:

• Holding the person or entity fully accountable – Some people may see it as unfair for the person or entity to act so carelessly and cause so much harm without any sort of accountability. In some cases where death may be egregious, some people may not be able to rest until something is done to at least try to rectify the situation.
• Calling attention to the act before anyone else gets hurt – Some individuals may believe that if they sit back and fail to sound an alarm, someone else might be seriously injured or, worse, also die due to the same dangerous reason.
• Honoring the memory of the deceased – Sometimes the surviving relatives may want to make sure that every question about the death is answered to the best of their ability, especially when the person or entity is not being upfront about the mistake that was made. This is done because they believe it brings honor to their memory and helps them truly understand why it is they passed away.
• Surviving family was dependent on the deceased’s earnings – The death may have cut down a person who was in their prime earning years. In many cases, the person may have dependents that were relying on that income and support which is now lost forever due to their untimely death.

When a person is killed by the negligence of another, his or her heirs will have to pursue the claim on behalf of the estate of the person killed.

The pursuit of a wrongful death claim requires specific adherence to Arkansas probate law. Often, individuals have attempted to resolve this type of claim on their own only to see the case dismissed due to technical and procedural requirements that must be met.

Additionally, even those working hard to obtain a settlement of their wrongful death claims will have to seek and obtain court approval for disbursements to heirs.

A wrongful death case in Arkansas involves damages sought against another party for causing a death. When a person dies through the negligence or misconduct of another, surviving family members may sue for wrongful death.

Wrongful death can occur for many reasons, including:

• Car accidents
• Truck accidents
• Boating accidents
• Plane crash
• Medical malpractice
• Drunk driving wrecks
• Criminal acts
• Occupational exposure to hazardous substances
• Dangerous prescription medications

In Arkansas, wrongful death claims, also called “loss of life” claims, require a special administration to be set up through the courts wherein authority to pursue the claim will be sought. It requires a keen understanding of Arkansas probate law and the legal system.

The wrongful death attorneys at Collins, Collins & Ray have the skill and experience necessary to resolve your wrongful death claim. We have been practicing law in Arkansas for 20 years and each of us has worked in public service. We have dedicated our professional development to helping others. Let us help you!

What is a claim for permanent injury and how can I help a jury or insurance company to understand what I have been through because of the accident?

With the loss of a limb, broken bones, serious infection, traumatic brain injuries, and other significant life-altering injuries, thoughtful concern is appropriate to fully measure how those injuries are likely to change a person’s life.

Often, it is necessary to obtain the benefit of keenly attentive medical oversight to outline the true extent of the injury, the necessity and frequency of continuous medical care.

This often invites the need for life care planning and vocational rehabilitation to show how an injury changes almost every aspect of a person’s life, including their many social, work, and family interactions.

This is where a personal injury claim gets very personal. Most people vary in how they experience pain. Some stoic individuals can endure significant suffering. Others have extremely low pain tolerance and require extended periods of recovery and careful management with strong medications, which can be addictive and invite a whole host of other problems that require care and management.

The answer to this question varies from case to case. Influencing factors include: Facts of the claim Location of accident Extent of personal injury Damages to property Applicable law With so many variables at play, it is hard to say with certainty a specific dollar amount that could be awarded. Through years of experience, we at CCR have learned how to evaluate the factors of each potential claim. Let us evaluate your claim free of charge.

You may not. To non-lawyers, this simple question can be deceivingly complicated in surprising and unfamiliar ways. It remains an extremely important issue, though, because if the necessary parties are not correctly named in the lawsuit, the claim may be severely limited, devalued, or possibly voided altogether. Failure to file suit against the correct person or corporation puts any judgment obtained at risk of being uncollectible. There are a few reasons for this; for example, you may obtain a judgment against one not legally bound to pay it. You also risk losing the right to file against the correct person or corporation if you fail to fix the mistake in time and name the proper party within the time allowed within the statute of limitations period.

In Arkansas, a “party” to the lawsuit includes the persons and legal entities identified directly with causing the harm, but responsibility for the harms and losses may extend much further. True parties to the lawsuit may also need to include any persons, corporations, or class of persons and corporations having legal responsibility to answer for the negligence and the damages incurred because of it. Attorneys take measure of many factors when determining the right person or corporation to name in a personal injury, medical negligence, or wrongful death lawsuit (or any suit for that matter). Legal principles such as respondeat superior, agency, and joint enterprise are just some of the legal liability principles used by attorneys to describe the consequences of one person or corporation’s relationship to another in a way that compels legal accountability. These legal principles likely govern how much insurance money is available to the injured victim(s).

If you or someone you know is about to file a lawsuit and you are unsure of how any of these legal principles might affect the proper party to name in your lawsuit, give us a call. We regularly deal with these issues, and we know how to determine the full extent of legal accountability available to innocent victims of negligence.

This depends on the type of case. Each type of case has its own factors used to determine venue, meaning the jurisdiction where the case must be filed. If venue is mishandled, it can affect the outcome of the case or whether the case may even proceed at all. Proper venue of a case involving personal injury or wrongful death would mean suit must be filed in the location where the Plaintiff resides or where the accident occurred. For a medical negligence case, the suit must be filed where the medical care was provided. However, this does not end the analysis of venue and jurisdiction. The same cases could be filed in Federal Court under certain circumstances and Federal Courts are not as numerous as those available for those filing in state court.

Personal injury claims must generally be filed within three (3) years from the date of occurrence. This is called a “statute of limitations” and once that three (3) year time period has passed you will be barred from filing suit. Even if there was a clear legal issue and evidence of fault, you will not be allowed to file a lawsuit after the statute of limitations has expired. If you have questions about when your particular statute of limitations will expire, CCR’s experienced attorneys can help.

To prevail in a lawsuit stemming from a personal injury claim, an injured Arkansan must be able to present evidence establishing fault, proximate causation, damages, wage loss, and sometimes, expert support to demonstrate one or more of these elements.

Fault. Under Arkansas law, a person seeking to recover damage payments from another due to an accident must come present persuasive evidence demonstrating that the other party was negligent in causing the collision and/or wrongful death. The law defines the term “negligence” to mean “fault” but also requires evidence establishing the breach of a legal duty.

Consider the case of a person causing a collision by disregarding a stop sign, running a red light, or following too closely. The evidence that establishes fault may come in the form of reliable witness statements, admission by the at-fault driver, or perhaps a video recording obtained from the security camera at a nearby convenience store. Fault can also be determined by the assistance of a reliable accident reconstruction expert or investigator who visited to the accident scene and collected physical evidence. To a trained investigator, the physical evidence can establish such things as direction of travel, point of impact, and the severity of the impact. Fault in an accident may be established in many ways making a complete inventory of all the evidence establishing fault not likely possible. The injured victim may also have to garner evidence to reject the contention he or she is partially responsible for the collision. If some fault can be assigned to both drivers, proof will have to be addressed as to the percentage of fault properly assigned to each driver.

Proximate causation. These two common words can wreak havoc on cases involving personal injury, wrongful death, or medical negligence. Every person bringing one of these claims must be prepared to demonstrate the most likely cause(s) of the many consequences to the injured person. Some of the problems with establishing proximate causation arise in the context of attempting to demonstrate a particular harm or injury resulted from the event and no other cause. This can be challenging when trying to separate pre-existing conditions or injuries.

Damages. We handle catastrophic accident claims, which always create a lot of evidence as a matter of course. This information is available in the form of photographs, repair estimates, and government created documents such as accident reports. These and other commonly created documentation reflect the extent of property damage usually comprising the evidence presented during trial.

As for “bodily injuries,” these claims are well documented by contemporaneously created emergency ambulance and medical records of treatment for the injuries caused by the collision. Unfortunately, in the saddest case, documentation may come from the coroner or medical examiner. These records will almost always be used as evidence during trial as will the sworn testimony of the medical treatment providers, nurses, doctors, radiologists and the like. Since all of these healthcare providers are busy professionals, it is unusual to take them away from their work responsibilities to come to court. For this reason, we commonly obtain their sworn testimony during deposition with the intention to present it during trial. Alternatively, an uninvolved physician or qualified healthcare provider may serve as an expert witness and testify during trial about reliable expert opinions formed based upon a review of the records, or other information that establishes the scope and extent of the injuries.

Wage and income losses. When a life-altering collision takes you out of your everyday routine, it affects every aspect of your life including the ability to earn an income. Frequently, injured victims are forced to recover at home or in a hospital making it difficult or impossible to earn a living. All of the documentation establishing lost wages, loss of business income and the like will be necessary evidence during trial. Because of the severity of those claims, we also regularly rely upon expert testimony presented by an economist to calculate and quantify these losses.

Other noteworthy experts. Even in seemingly clear-cut matters, to the uninitiated, there are many issues inviting careful scrutiny and the attention of experts. In addition to evidence obtained from expert investigators, healthcare providers, and economists, some of our clients benefit from the assistance of vocational rehabilitation experts and/or the services of a “life care planner.” These professionals have specialized education, training, and experience to aid in reaching reliable conclusions about the continuing medical and vocational needs of a traumatically injured accident victim. Each of these experts has the ability and capacity to testify during trial and present their opinions about the matters falling into the purview of their respective expertise. Many times these experts can teach the jury members about important aspects of the case that might have gotten confused or overlooked.

Ordinarily, the answer is no. In most cases, those innocently injured due to the negligence of another driver do not benefit from signing a medical lien. A medical lien is a way medical care providers can seek the aid of the law to compel full payment from those treated by medical and health care providers from the accident. While it certainly seems fair that medical care providers be paid for their services, what is often overlooked is that the medical care providers may directly submit billing to your health insurance provider and seek payments under the terms of health insurance contract.

Additionally, with Medicare and Medicaid, the health care provider already has plans in place to provide payment at certain fixed amounts for certain provided services. Many healthcare providers, for various reason, are not satisfied with being held to the terms of these agreements and may seek more compensation from innocently injured drivers. The result is that a medical lien may exist wherein health care providers seek payment from any settlement or money judgment collected in satisfaction of an innocently injured person's claim.

This is a very complex issue and requires efficient handling to successfully determine whether a medical lien is valid, and whether there are any defenses provided under the law. Commonly, if a person signs an agreement to pay a medical lien, courts will likely enforce it. However, if patients forego signing these documents they may be able to work out payment with the medical care providers in a way that allows them to keep more of the settlement or judgment money, money which the injured party was awarded to compensate for their pain and suffering and other losses.

If you have any questions about this topic or any other legal issue surrounding your personal injury claim, give our office a call. Our firm is dedicated to providing our clients with top-notch legal services and representation.

Our personal injury attorneys are deeply experienced in resolving cases through mediation. It is true that parties may be able to resolve their case at mediation without the benefit of legal counsel. However, in every litigated case the insurance companies will be represented by legal counsel. To have a level playing field, it is almost always advisable to be represented by legal counsel.

Additionally, even though the formal rules may not apply as they would in court, injured people often benefit from having an attorney present to effectively challenge assumptions and characterizations of the evidence, while also advising them about the value judgments made by the insurance companies and their paid adjusters and lawyers. Our firm knows that the attorneys and paid adjusters from the insurance company are always seeking ways to devalue and undermine a personal injury case. This is as true within mediation as in every other aspect of a personal injury claim. If you are considering mediating your claim, on your own, give our offices a call and let us tell you about the benefits of mediation with legal counsel by your side.

The decision to hire an attorney is a personal one and should be made by you, not your insurance company. Many are relieved to learn that our consultations at CCR are free of charge and our attorneys are happy to discuss not only the facts of your accidents, but the legal remedies available to you as well. For some, the remedy may be filing a lawsuit, but for others it means simply taking the money offered by their insurance agency and signing a release. Whether you should retain an attorney depends heavily on the course of action you wish to take. If you do not know about all the options available, how can you possibly determine which is the best resolution to your situation?

We do not represent every client that attempts to retain us in a personal injury claim. The reasoning behind that practice is simple. We believe the only real victory is a shared victory. In some less serious cases, those not involving severe injury to you or a great deal of damage to your vehicle, filing a lawsuit could do more harm than good. If, in our opinion, the insurance company, in consideration of the damage suffered, has offered you a fair amount, we will openly and honestly communicate that evaluation. As mentioned above, we are not “sue-happy” attorneys. We do not take on clients unless we feel our firm can help in some way. If your potential judgment or settlement would be completely consumed by attorney and expert witness fees, court costs and other litigation expenses, why bother filing suit at all, right? Well, here at CCR, we could not agree more.

The point of filing a lawsuit is to bring some level of improvement to the injured party and their family, not merely to punish the opposing party or compensate your attorney. Once we have had the opportunity to evaluate your claim free of charge, we will communicate with you directly if we do not feel our firm can improve your situation by taking legal action. Unfortunately, not every occurrence of wrongdoing is best remedied by our legal system, but you always have options. Our goal here at CCR is to make you aware of those options and we leave it up to you to determine what is the best fit for you and your family.

You probably have no way of knowing unless you have prior experience as an insurance adjuster or attorney. Every insurance company hires and pays the salaries of scores of investigators. Those investigators have responsibilities to report to the insurance company first; they answer to the people who pay them first. This may affect your claim in that insurance investigators, also called “adjusters” are trained to gather information in ways allowing them to discount and devalue claims by looking for anything that might prop up an argument challenging fault or proof of damages. Generally, these investigators are very busy and have many claims to handle. It is only natural for them to pay attention to well-documented claims compiled and presented by attorneys who know what they must consider when deciding whether and how much to pay for a particular claim. Your life-altering accident is only “a claim” to the insurance company; one of tens or hundreds of such “claims.” You lost a loved one or the use of your body and the insurance company has a computer and file folders keeping track of your injuries and damages, and they only pay for what gets included in those files. The insurance company has teams of investigators and attorneys to document their file, shouldn’t you? Shouldn’t you have someone who knows how to make sure your life and your claim are being given a fair shot?

To know if you are being made a reasonable offer, it is best to get a second opinion from someone with extensive experience in representing injured people whether the injuries came from: automobile collisions, truck accidents, airplane crashes, or boating incidents. We have an extensive understanding of tactics used by large insurance companies from working for them and against them. When turning our focus and experience to help those wronged by insurance companies, we developed significant experience representing injured accident victims. We don’t take every case, but for clients we choose to represent, we put our experience to work to ensure our clients obtain the level of compensation they are owed and for which they deserve.

It is possible to get payment for some of your damages without filing a lawsuit. In fact, we regularly obtain payment for all of the damages owed to injured accident victims through the efficient use of pre-suit and pretrial efforts to compile and present evidence in support of our law firm’s demand for settlement.

In many cases, unfortunately, the insurance company is less than enthusiastic about fulfilling their obligations to provide complete and timely payment. We have seen instances of insurance companies prolonging payment and extending legal negotiations in the seeming hope that the injured party will eventually grow tired of waiting and settle for a lessor amount than may be awarded in court. Although Arkansas imposes regulations on claims handling practices, insurance companies are for-profit corporations with bottom lines, and they usually conduct themselves in that manner.

The challenge faced by injured accident victims is in getting full and complete payments without the necessity of filing a lawsuit or convening a trial. Even though an innocent accident victim suffered injury and trauma, the insurance company will sometimes deny or attempt to devalue claims to such an extent that trial is the only reasonable alternative. Without a trial, or complete acknowledgment of the claim by the insurance company, innocent accident victims risk being paid less for their claims, sometimes much less, or possibly having entire categories of damages discounted and disregarded.

Do I have to file a lawsuit to get my injury claim paid?

A. It is possible to get payment for some of your damages without filing a lawsuit. In fact, we regularly obtain payment for all of the damages owed to injured accident victims through the efficient use of pre-suit and pretrial efforts to compile and present evidence in support of our law firm’s demand for settlement.

In many cases, unfortunately, the insurance company is less than enthusiastic about fulfilling their obligations to provide complete and timely payment. We have seen instances of insurance companies prolonging payment and extending legal negotiations in the seeming hope that the injured party will eventually grow tired of waiting and settle for a lessor amount than may be awarded in court. Although Arkansas imposes regulations on claims handling practices, insurance companies are for-profit corporations with bottom lines, and they usually conduct themselves in that manner.

The challenge faced by injured accident victims is in getting full and complete payments without the necessity of filing a lawsuit or convening a trial. Even though an innocent accident victim suffered injury and trauma, the insurance company will sometimes deny or attempt to devalue claims to such an extent that trial is the only reasonable alternative. Without a trial, or complete acknowledgment of the claim by the insurance company, innocent accident victims risk being paid less for their claims, sometimes much less, or possibly having entire categories of damages discounted and disregarded.

Consider the following scenario: A person injured in a collision is put in pain and discomfort and can no longer attend to their physical work responsibilities. Although many contend that America is now largely a “service economy”, a good number of people still perform jobs that require agility, balance and lifting ability. When in pain, or trying to get over deep tissue damage and fractures, many people just cannot safely go back to the day-to-day demands of their work even it involves sitting at a desk or computer station. Arkansas law accounts for this and other accident related losses by mandating compliance with the law compelling damage payments as follows:

When you are injured by the negligence of another driver, you immediately have a claim under Arkansas law to be compensated for all of the following damage consequences caused by the accident. Those damages may include:

• The nature, extent, duration, and permanency of any injury;
• The reasonable value of any necessary medical care, treatment, and services;
• Any pain and suffering and mental anguish experienced in the past;
• Any disfigurement and visible results of the injury;
• The value of any earning salary and working time lost;
• The reasonable expense of any necessary help in the home, which has been required as a result of the injury;
• If loss of consortium, an award of such damages as from the evidence would fairly compensate for the reasonable value of any loss of the services, society, companionship, and marriage relationship of a spouse proximately caused by negligence; and,
• Wrongful death claims accruing to you and your survivors.

Ordinarily, each of these elements of harms and losses caused by the collision and trauma necessarily create documents confirming the legitimacy of the claim. Unfortunately, there are times the insurance company will not acknowledge that legitimacy and will attempt to create questions in an apparent effort to discount the value of the claim. Much of our work in these cases is rejecting and overcoming those efforts, and we offer our clients a lot of experience in gathering, compiling, and creating a record to support our demands for complete payment, with or without a lawsuit.

If you have been in an accident and feel you are getting short-changed by the responsible party’s insurance company, contact a qualified personal injury attorney today. Here at Collins, Collins & Ray, we are able to answer your accident, injury, and insurance-related questions, and we are pleased to offer free consultations over the phone or in person.

Hiring an attorney means you have a legal advocate who is in your corner, fighting for your legal rights. When you hire an attorney, you are choosing someone to represent your legal interests. Therefore, it is not a decision you should make lightly. Choose a lawyer with whom you can communicate openly and whom you feel understands the details of your claim, as well as the path you feel is right for you and your family. Your goal is the best resolution of your claim. Each person’s ideal resolution looks different. Even if your ideal path is to avoid the courtroom with mediations and settlement conferences, an attorney can potentially be of assistance. We often remind our clients and potential clients, if the opposing party is going to be represented by a law firm, shouldn’t you be as well? Take advantage of a free consultation with one of our experienced attorneys today.

We hear this question frequently, as many are understandably anxious to have a timeline to reference. Unfortunately, the answer to that depends solely on the case at hand. Some claims can be resolved in as little as a few months, while other more complex claims can take over a year to resolve. We understand how frustrating this process can be, but what can lead to even more frustration is the lifetime of consequences you’re left to shoulder alone, should you choose not to pursue your claim.

The amount of expenses can vary according to many factors that may be out of our control. However, the customary amounts paid are usually associated with the type of case and the need to garner expert support. In catastrophic injury and wrongful death cases the expenses may total thousands and thousands of dollars, but we are mindful to try and avoid these costs when possible. Each case is different but we tell your clients: “You will not pay any money on your case unless we obtain money on your behalf.” This is one of the benefits of our handling your case on a contingency fee basis. This means that we recover our expenses and attorney fees from the amount of money we obtain through settlement or trial judgment. What this means for you as a client is the law firm you hire will bear all the expenses associated with filing and pursuing a personal injury claim. We provide our clients an accounting showing where those expenses are incurred and are always happy to explain the need for them to prosecute the case.

At CCR, we offer free consultations and you will not be charged unless we win your personal injury claim. Upon the successful resolution of your claim, a predetermined percent (agreed on prior to your retention of CCR) will be deducted from your judgment or settlement amount. This percentage covers the cost of litigation and your attorney’s compensation. Because every claim is unique, both in complexity and longevity, the exact percentage charged can vary. Contact us today for a more detailed assessment of your potential claim.

There are usually public records generated about the majority of car and truck accidents. Some attorneys gather this information and use it to solicit clients. In Arkansas, it is permissible for law firms to send out mass communications to the addresses collected from public records. At Collins, Collins & Ray, we prefer to let our clients recover in peace and seek out legal representation when it is the appropriate time for them and their families. We do feel, however, that it is important to keep in mind the fact that insurance adjusters give a limited perspective on accident claims. Clients have reported that adjusters have attempted to minimize either the damage that actually occurred or the legal solutions available. What this means is that earlier we are involved the more likely we can truly affect the outcome of the case.

We find victims injured in vehicle collisions are best served when they act immediately to get legal help. After all, insurance investigators go to work right away and will not likely gather all the information establishing damages and injuries without the assistance of qualified personal injury attorneys getting the information and placing it in their hands quickly. Insurance company investigators, also called “adjusters” may attempt to minimize an injured person’s harms and losses without giving due regard to the law and claims for relief. That is where qualified personal injury attorneys go to work in making sure all elements of the claim are supported and paid as required under the law.

In short, you have to prove that: the opposing party had a duty to not injury you, the duty was breached, and the breach caused damages (an injury) to you or your personal property. There are a variety of ways to tackle a personal injury case, let us find the approach that works for you. Call CCR for a free consultation.

Unfortunately, it may be out of your control, but we know how to help with the process and demand full payment. When injured by the fault of another, the law provides the injured person with legal rights to recover their harms and losses from the at-fault individual. As an individual seeking resolution without the help of an attorney, a potential problem may arise in that you will lose the ability to deal directly with a possibly nice and sometimes apologetic person to resolve the matter; you would be forced to deal with their insurance company. Difficult insurance adjusters, negligent drivers, or others refusing to accept responsibility for causing you harm, can definitely compound the difficulty of getting basic needs met while the claim is pending. To fully understand the aspects of an accident claim, you must realize the wreck not only involves the drivers but also their insurance companies. These for-profit insurance companies make more money when paying less on claims. These for-profit insurance companies may also get their insured drivers sued by not voluntarily paying full amounts due to those injured by legitimate collision damages.

You may not be on an equal playing field. In a catastrophic injury or wrongful death accident claim, the insurance company is ordinarily brought in immediately because of reporting requirements under the insurance policy. You know, like the instructions on your insurance card reading “call this number if you are in an accident.” Although the insurance company for the at-fault driver is bound to pay the resulting medical costs, lost wages, mental anguish, pain and suffering and the like, insurance companies will not usually make any effort to pay until you reach a compromised settlement agreement or obtain a judgment at trial. The great difficulty for those innocently injured and suffering accident victims is that the law will not compel payment as the losses accrue. Because of this, here at Collins, Collins & Ray, P.A. we apply our extensive knowledge and experience in working up and valuing claims to make informed judgments as to the true value of a claim. Armed with this information, we know which cases to advise settlement and which to turn over to an informed jury.

This can get very complicated for the uninitiated. Even a simple accident can be very confusing to those experiencing it for the first time. This may be your first claim yet your claim will never be the first one for an insurance company. The insurance company benefits from confusion and denying full claim payment until a lawsuit is filed and a judgment obtained against the at-fault driver.

Many people seem to think after an accident the insurance company will send a team of nice, friendly, and likable people (with deep honest voices no less) to work hard and restore the incurred losses. The wake-up call usually comes right away. Instead of the friendly television personality or cartoon character, the innocently injured accident victim is forced to deal with a matter-of-fact claims adjuster who has likely handled hundreds, if not thousands, of such claims. Rather than seeking to understand and record the true extent of any actual losses, the seasoned insurance adjuster will likely work hard to use specialized knowledge of the law and common documentary gaps to find ways to completely deny or devalue the claim—even though it is legitimate in every respect. Remember, the insurance company saves money when finding confusion about the extent of injuries and lost wages. Rather than working hard to gather the existing information about your claim, many adjusters will go far beyond their personal knowledge and training to question the necessity of certain medical treatment or challenge the findings of medical tests they are not licensed to administer, order, or interpret. As a practical matter, this means some insurance adjuster sitting in Chicago or some other distant city having no connection to you or the neighbor who hit you, got paid to deny and discount your legitimate injury claim. Trained and experienced insurance adjusters create or find gaps to exploit in an effort to save the insurance company money.

Here in Arkansas, we have seen outrageous conduct by national insurance companies and their non-medically trained adjusters asserting healthcare provider(s) made the wrong diagnoses or ordered care beyond the scope of the required treatment, all the while not bothering to actually try and speak to the medical provider or even research the well-supported medical basis for the claim. In fact, here in Arkansas, one national insurance company decided, on its own, that all care provided by one medical provider was not worthy of any payment. Many accident victims in Arkansas may find themselves in this or a similar situation. You do not have to fight the insurance company by yourself. If you are involved in an accident with a nice person whom you have to sue because their insurance company failed to fully pay the claim, then call us; we know how to help.

We believe hiring an attorney should be an easy and straightforward process. We believe it more than fair to ask potential attorneys several important questions, including whether they have experience with handling your type of injury, medical, or wrongful death claim. Whether the attorney has experience in representing large national insurance companies as well as injured people is something people want to know. It is more than fair to also ask whether the attorney has tried injury cases to a jury throughout the state of Arkansas and beyond. You can hire an attorney with all of these qualifications and more, including prior experience as a sworn police officer charged with investigating accident and death claims from the beginning.

Many people contact Collins, Collins & Ray, P.A. after being first referred to our attorneys by other knowledgeable and well-respected attorneys. Many others find experienced attorneys by seeking prominent listings for legal assistance through “AVVO” (Avvo.com) or Martindale-Hubbell. These groups provide a nationwide database containing attorney evaluations comprised of candid reviews. It is our honor to be among those attorneys positively identified with several competitive categories, including personal injury and medical malpractice.

Many people first find us by looking to Martindale-Hubbell. Brian W. Ray of Collins, Collins & Ray, P.A. has been honored to receive the highest rating, “AV Preeminent,” which is described as follows:

“AV Preeminent®: The highest peer rating standard. This rating signifies that the lawyer’s reviewed peers rank him or her at the highest level of professional excellence for their legal knowledge, communication skills, and ethical standards.”

Fortunately, those seeking legal assistance to handle catastrophic injury or wrongful death cases have many great sources of information at their fingertips. Although any attorney can buy television commercials and other highly visible advertising, third-party attorney rating services can provide a reliable source of information and reviews not created by the attorneys themselves. We believe these public profiles of our firm members are a reflection of the hard work we have been privileged to perform throughout Arkansas and beyond.