What to Do After a Car Accident in Arkansas: A Step-by-Step Guide

If you've been in a car accident in Arkansas, take these steps in order: (1) check for injuries and call 911, (2) move to safety if you can, (3) report the accident to police, (4) exchange information with the other driver, (5) photograph the scene and your injuries, (6) get medical attention even if you feel fine, and (7) contact a personal injury attorney before giving a recorded statement to any insurance company. The steps below explain each one, what Arkansas law requires, and the deadlines that protect your right to recover compensation.

The moments after a crash are stressful and confusing. What you do next can protect both your health and your ability to be fairly compensated. Here's exactly what to do.

1. Check for Injuries and Call 911

Your safety comes first. Check yourself and your passengers for injuries. Call 911 for any injury, and don't try to diagnose yourself at the scene — adrenaline masks pain. Reporting the crash also creates the official record you'll need later.

2. Move to Safety — If It's Safe to Do So

If the vehicles are drivable and you're not seriously hurt, move them out of traffic and turn on your hazard lights. If a vehicle can't be moved or anyone is seriously injured, leave everything in place and wait for help.

3. Report the Accident to Police

In Arkansas, you are required to report any accident involving injury, death, or significant property damage. Ask that an officer come to the scene and file a report. A police report documents the facts, the parties, and often an officer's assessment of fault — one of the most important pieces of evidence in any later claim.

4. Exchange Information With the Other Driver

Collect the other driver's name, phone number, driver's license number, license plate, and insurance company and policy number. Get the same for any witnesses. Stay calm and courteous, but do not apologize or admit fault — statements made in the moment can be taken out of context and used against you.

5. Document the Scene

Use your phone to photograph everything: vehicle damage, the position of the cars, skid marks, traffic signs, road conditions, license plates, and any visible injuries. If there are witnesses, ask for their contact information. This evidence disappears quickly once cars are towed and the scene is cleared.

6. Get Medical Attention — Even If You Feel Fine

See a doctor within 24–72 hours even if you don't feel hurt. Injuries like whiplash, concussions, and internal trauma often don't show symptoms for days. A prompt medical record does two things: it protects your health, and it links your injuries directly to the crash — which matters if an insurance company later argues you weren't really hurt.

7. Be Careful With Insurance — and Talk to a Lawyer First

The other driver's insurance company may call within days asking for a recorded statement or offering a quick settlement. You are not required to give the other side's insurer a recorded statement, and early settlement offers are often far lower than your claim is worth. Before you sign anything or say much of anything, talk to a personal injury attorney. A short conversation costs you nothing and can protect the full value of your claim.

How Long Do You Have to File a Car Accident Claim in Arkansas?

In Arkansas, the statute of limitations for most personal injury claims is generally three years from the date of the accident. If you miss that deadline, you can lose your right to recover compensation entirely. Some situations — such as claims involving a government vehicle or the death of a loved one — can have shorter or different deadlines, so it's wise to speak with an attorney early rather than waiting. (This is general information, not legal advice about your specific case.)

Is Arkansas an At-Fault State for Car Accidents?

Yes. Arkansas is an at-fault ("tort") state, which means the driver who caused the crash — and their insurance company — is responsible for the resulting damages. Arkansas also uses a modified comparative fault rule: your compensation can be reduced by your percentage of fault, and if you're found 50% or more at fault, you may be barred from recovering. This is exactly why the evidence you gather at the scene matters, and why insurers work hard to shift blame onto you.

What Compensation Can You Recover?

Depending on your case, you may be able to recover money for medical bills (current and future), lost wages and lost earning capacity, vehicle repair or replacement, and pain and suffering. The right amount depends on the specific facts — which is why a quick case review is valuable before you accept any offer.

Why Work With a Local Batesville Attorney

At Fuller Bumpers, Attorney at Law, you work directly with our office — not a call center. We handle injury cases across Arkansas, we know the local courts, and we prepare every case thoroughly so the insurance company takes it seriously. If you've been injured in a car accident, we'll review your situation for free and tell you honestly where you stand.

Injured in a crash? Call (870) 793-7556 for a free consultation — or use the contact form and we'll reach out to you.

Frequently Asked Questions

Do I have to report a car accident in Arkansas? Yes. Arkansas requires you to report any accident involving injury, death, or significant property damage. Always call the police to the scene so an official report is created.

Should I go to the doctor if I feel fine after a crash? Yes. Serious injuries like whiplash, concussions, and internal injuries can take days to show symptoms. A prompt medical visit protects your health and connects your injuries to the accident.

How long do I have to file a car accident claim in Arkansas? The statute of limitations for most Arkansas personal injury claims is generally three years from the date of the accident, though some claims have different deadlines. Speak with an attorney early to protect your rights.

Do I have to give the other driver's insurance company a recorded statement? No. You are not required to give the at-fault driver's insurer a recorded statement. It's usually best to talk to your own attorney before speaking with any insurance adjuster.

How much does it cost to hire a personal injury lawyer? Most personal injury attorneys, including our office, offer a free initial consultation and handle injury cases on a contingency basis — meaning you generally pay attorney's fees only if you recover. Ask about the specifics during your consultation.

Happy Thanksgiving!

Our Office will be Closed the Rest of this Week for Thanksgiving! We will Reopen Monday December 2nd, Happy Holidays!

If You have any legal questions or need legal assistance, please contact our office at (870) 793-7556 and fullerbumpersoffice@gmail.com

Fuller Bumpers Attorney at Law, Working Hard to Give You a Fuller Life.

Bumpers' Legal Insights

“EMERGENCY CUSTODY”

Obtaining an emergency custody order is a critical step in ensuring the safety and well-being of a child in immediate danger. By recognizing the need to file for an emergency order and reaching out to an attorney to help with this process, you can help protect your child from harm and potentially put yourself in a position to permanently care for the child in your home.

What is an emergency when it comes to custody? An emergency means there’s immediate danger of irreparable harm to someone in the case, usually you or your child. For example, it’s an emergency if you find out your child’s other parent plans to move your child out of the country next week without a court order or your agreement. You need a judge to make an order within a few days before the parent takes the child. Another example would be a parent caring for a toddler while under the influence of copious amounts of illegal drugs.

Other forms of emergencies can be loss of housing, physical violence, injury, neglect, criminal arrests, and abuse. Facts which support such findings can influence the court to enter an emergency order to change custody on an emergency basis to protect the child. The safety of your child is paramount and taking swift action can make all the difference in the world.

In Arkansas, an ex parte order for emergency custody can be issued when there is probable cause to believe a juvenile’s health or physical well-being is in immediate danger, or if they are at risk of being permanently removed from the state or country without notice to the other parent or guardian. And once these facts are properly placed before the Court, the Court has the ability on an emergency basis to allow a parent or family member to pick up (with the aid of the Police, if needed) the minor child in question from their difficult situation.

After the Court authorizes emergency relief, the orders of the Court will take effect immediately. Because of this, the other parent or custodian of the child must be immediately served with the pleadings with a court date. The hearing must be held within ten days of an entry of the order, or the order could be dismissed. At the hearing, the Court will determine if the facts alleged in the petition for emergency are true and correct, then make a ruling based on the best interests of the child of the action.

The same can be true for an adult. If it is contrary to the health, safety, and welfare of an adult to be left in a situation based on their mental health, the Court may order placement in an appropriate facility to help them, on a temporary basis, to provide enough clarity of thought in hopes to allow the adult to begin making more healthy choices for themselves. If that is not possible, the Court may extend the period of time for placement until clarity can be found.

Arkansas law also allows for the involuntary admission of persons suffering from alcohol and/or drug addiction. Any person having reason to believe a person is homicidal, suicidal, or gravely disabled due to drug or alcohol addiction may file a petition seeking involuntary treatment of the addicted person. The petition alleging one or more of these criteria is filed with the circuit court of the county where the person sought to be involuntarily admitted for treatment resides or is detained. A person may be admitted for treatment for an initial period, which can also be extended under the right circumstances, if obtained prior to the expiration of the initial commitment.

If your child or loved one is at risk of danger to themselves or others, you should immediately contact an attorney as soon as possible to protect them.

Bumpers' Legal Insights

“WHEN SHOULD I CALL AN ATTORNEY?”

It can be confusing in some situations to know for sure when a consultation with an attorney may be needed. Now, there are some instances where it’s obvious that maybe it’s time to call a lawyer. If you’ve been charged with a crime or served divorce papers or are a victim in a car accident, these are examples of the right time to consider calling an attorney. But what about other issues, other problems in your life that are legal in a sense? When is the best time to engage a lawyer?

Some examples of situations where you might question when to call a law firm are disputes over property lines, working on getting Social Security, or considering having a will drawn up. These and other circumstances may make you think you need some extra help, assistance only a lawyer can provide.

Someone, and probably many someone’s, once said that if you’re asking the question, then you know the answer. If you’re in a place in your life where you think you may need a lawyer, call one you trust. If you feel like we can help, call 870-793-7556 for a free consultation.

Bumpers' Legal Insights

KEY-TEST SEARCHES AND A CIRCUIT SPLIT

In the 2017 groundbreaking ruling, the First Circuit Court of Appeals set a new precedent for the constitutional rights of individuals against unreasonable searches based on key-test searches. A key-test search is the practice of law enforcement officers to use the keys taken from an arrestee to unlock the front door of nearby residences in order to determine which home is that of the arrestee. This type of search may occur with or without a warrant.

The most recent publicized example of this type of search occurred in Massachusetts with a man named Yrvens Bain. Bain was a drug dealer, recently released from prison. The police obtained a warrant for his arrest and arrested Bain outside of his building where he and multiple people had apartments. Not knowing which apartment was his, officers took Bain’s keys and tried them in several door locks before concluding he lived in Unit D. Lacking any belief that anyone else was in the apartment or that anything in the apartment presented a threat, the officers entered nonetheless to conduct a protective sweep, during the course of which they found incriminating evidence, The officers then applied for and obtained a federal search warrant to re-enter and search Unit D. It was later determined that Unit D was the apartment of Bain’s girlfriend. At trial, the government conceded there was no legal basis for the protective sweep, but maintained, with some precedent, that testing the key into several locks, including Bain’s, was not a search entitled to Constitutional protection.

However, on appeal the First Circuit Court of Appeals found that it was a Constitutional violation to place the key into the lock of Bain’s door because it was a “search” that required a warrant. The case of Yrvens Bain, who challenged his conviction in the First Circuit, highlighted the division among lower courts on the issue. The court held that the key-test conducted by law enforcement was an unreasonable search under the Fourth Amendment, thus creating a circuit split (when two or more circuits in the U.S. Court of Appeals reach different decisions on the same legal issue) over the reasonableness of a warrantless key-test search.

The Fourth Amendment to the Constitution guarantees individuals the right to be free from unreasonable searches and seizures of their persons, houses, papers, and effects, if there is a legitimate expectation of privacy in the place or item searched. The Supreme Court has emphasized the sanctity of the home, stating that “the home is first among equals” and that individuals have the right to retreat into their homes and be free from unreasonable governmental intrusion.

The court’s decision in Bain’s case has set the stage for a heated debate over the reasonableness of key-test searches. The First Circuit established that a residential door lock is entitled to Fourth Amendment protection, making key-tests searches unreasonable under the common law trespass test. The ruling in Bain’s case has implications for law enforcement practices across the country. It has raised questions about the validity of key-test searches and has sparked a call for a resolution to the circuit split over the constitutionality of these searches.

In conclusion, the First Circuits decision in Bain v. United States has set a new standard for protecting individuals against warrantless key-test searches, signaling a shift in the legal landscape surrounding the Fourth Amendment’s protection against unreasonable searches and seizures.

Bumpers' Legal Insights

CUSTODY AND MATERIAL CHANGE IN CIRCUMSTANCE

After a divorce or initial custody action, the same Court that heard the action will also be the Court that has the ability to modify visitation or custody. The Court can only modify upon proof of a material change in circumstances and in the best interests of the minor children, then custody or visitation can be changed. While visitation is always modifiable, courts require more rigid standards for modification than for initial determinations to promote stability and continuity for the children and to discourage repeated litigation of the same issues.

The burden of demonstrating a material change in circumstances that warrants such a change lies with the party seeking modification of visitation or custody. Meaning if you want more visitation, then it is up to you to prove there has been a material change in circumstance.

So, what is a material change in circumstance? A material change of circumstances is a change in the facts and conditions associated with a custodial scheme or arrangement so significant that the existing plan no longer satisfies the best interests of the minor children, which is a fancy way of saying something serious happened that affects the minor child and the child or children need to live or spend more time with the other parent. An example would be a parent getting arrested for a DWI with the minor child in the car.

However, the Court does not necessarily have to change custody or visitation based on this event. Instead, the Court must decide if a modification is in the child’s best interests. In the example where a parent was arrested for a DWI with the minor child in the car, what if the other parent was a monster? The Court in spite of the DWI probably would not place the minor child in an inferior position by making them live with Big Foot, Dracula, or Frankenstein.

What if a parent remedies their poor behavior or situation? Is this a material change in circumstances? An example would be a parent with a drinking problem gets sober. While this a positive step toward mending fences with your child, courts will usually decline to change custody or visitation because the offending parent decided to stop offending.

What about when parties have joint custody, which requires the parties’ ability to coparent? In this situation, if a parent shows a pattern of willfully creating conflict to disrupt a current joint-custody arrangement, then the Court may consider this pattern a material change of circumstances and give one parent primary custody. This happens because the ability to cooperate in joint custody is crucial, and the failure of the parents to do so constitutes a material change in circumstances. 

While there are numerous reasons to change custody, ultimately the facts of each particular case must be weighed by a seasoned professional to determine if one can chin the bar.

FULLER BUMPERS HISTORY PROJECT HAUNTED BATESVILLE…AND YOU! CLICK HERE!!

In October 2023, Fuller Bumpers, Attorney at Law and the Fuller Bumpers History Project hosted walking tours of Main Street Batesville. Now, these were not just any run of the mill look-at-all-our-local-history tours. No, this had a special connection to the month they were held in. Haunted history was front and center all three nights, and even a couple of special event nights as well, tales of ghouls and ghosties, of feuds and vaudeville fights, of mothers and murder. Mingling facts with what some believe to be fantasy while others are true believers in our city’s paranormal past, these tours proved extremely popular. Not only were they so well received that they will again take place later this year, but there have been multiple requests for the curator of the Fuller Bumpers History Project to produce a book, a volume of supernatural stories about Batesville’s storied and haunted history.

Well, that is what is going to happen, but it won’t be possible without Your help. While the teller of Batesville’s ghost stories on our tour has plenty to choose from for a book, we’d love to have even more. Our goal with this book of Batesville stories would be to put out a comprehensive collection of haunted history, which always has a fair amount of history alongside the haunted, focused on the city of Batesville and surrounding area in Independence County. The stories we’re looking for are tales that aren’t made up just to frighten children of all ages, but actual experiences or stories you have been told about occurrences, events, and such of the supernatural in Batesville, or at least nearby.

Find below a form that you can print out (or cut and paste, or just answer the questions in an email) and complete and send to bumperscasecoordinator@gmail.com. If your story seems to fit what we are looking for, we will reach out and discuss more details. Credit will be given to anyone who shares a tale and wants to be credited. If you have any questions, please send an email to the aforementioned address. And for those who do send us stories, welcome to the Fuller Bumpers History Project,