Drunk and impaired drivers cause some of the most devastating crashes on Arkansas roads. If you or a loved one was injured by an impaired driver, you have the right to pursue full compensation — and in some cases, additional claims against those who provided the alcohol.
Injury Claim Team connects injured Arkansans with experienced drunk driving accident attorneys who handle these claims across all 75 counties — from Little Rock and Northwest Arkansas to the Delta and the Ouachitas. A free, confidential case review is the fastest way to understand your rights.
Common Causes of Drunk Driving Accident Claims in Arkansas
- Drivers impaired by alcohol or drugs
- Repeat DUI/DWI offenders
- Overserving by bars or restaurants (dram-shop)
- Late-night and weekend impaired driving
- Distraction combined with impairment
Proving Fault and Building Your Claim
A drunk driver's criminal conviction can strengthen your civil claim, but the two are separate — you do not need a conviction to recover. In some cases, Arkansas dram-shop principles may allow a claim against an establishment that unlawfully served a visibly intoxicated driver. Egregious conduct may also support punitive damages.
Arkansas law: Arkansas follows a modified comparative-fault rule (Ark. Code § 16-64-122). You can still recover compensation if you were partly to blame, with your award reduced by your percentage of fault — but if you are found 50% or more at fault, you recover nothing. Insurers exploit this rule constantly, which is why building strong evidence of the other party's fault is critical.
Compensation You May Recover
Every claim is different, but injured Arkansans pursuing a drunk driving accident case may be able to recover:
- Past and future medical bills
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress and mental anguish
- Permanent disability or disfigurement
- Loss of enjoyment of life
- Property damage
The Arkansas Constitution (Article 5, § 32) bars caps on compensatory damages, so a serious, well-documented claim is not artificially limited. A 2025 change in state law (Act 28) does affect how medical expenses are valued, which makes experienced legal guidance even more important.
Deadlines: Don't Wait Too Long
In most Arkansas injury cases you have three years from the date of the accident to file a lawsuit under Ark. Code § 16-56-105. Miss that deadline and your claim is almost always barred. The sooner you act, the easier it is to preserve evidence, locate witnesses, and protect your claim. Even if you are unsure whether you have a case, a free review costs nothing.
Frequently Asked Questions
Yes. The criminal case punishes the driver; your civil claim seeks compensation for your losses. They are independent.
Possibly, under dram-shop principles, if it unlawfully served a visibly intoxicated person who then caused the crash.
In cases of especially reckless conduct like drunk driving, punitive damages may be available in addition to compensatory damages.
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