When a drunk driver causes an accident, the consequences extend far beyond vehicle damage. Victims face severe injuries, mounting medical bills, lost income, and emotional trauma. If you or a loved one was injured by an impaired driver in Fayetteville, Arkansas, Odom Law Firm works to recover the compensation you deserve.
How Odom Law Firm Builds Your Drunk Driving Accident Case
Our case-building process begins immediately after you contact us. We conduct a thorough investigation that goes far beyond what insurance companies will do. This comprehensive approach ensures we build the strongest possible case for maximum compensation. Our investigation mirrors the approach we use for car accident claims, with a focus on impairment evidence.
Evidence Collection and Investigation Process
Police Reports and Criminal Records: We obtain the official accident report. This typically includes the officer’s observations of impairment, field sobriety test results, and any arrest information. The criminal case—whether it results in a conviction or not—provides valuable evidence of the driver’s impairment. Under Arkansas Code § 16-22-101, comparative fault principles apply to these cases.
Blood Alcohol Content (BAC) Testing: We review BAC test results, which establish the driver’s level of intoxication at the time of the accident. We also examine whether proper testing procedures were followed. Procedural errors can strengthen our arguments. This evidence is critical in establishing the defendant’s negligence.
Accident Reconstruction: Our network includes accident reconstruction experts. They analyze vehicle damage, road conditions, and collision dynamics. This demonstrates how the drunk driver’s impairment caused the accident. Similar investigative techniques apply to motorcycle accidents and bicycle accidents.
Witness Statements: We interview witnesses who observed the driver’s behavior before the accident. Erratic driving, swerving, or other signs of impairment corroborate the impairment claim. Witness testimony is particularly valuable in establishing the driver’s impaired state.
Medical Records and Expert Testimony: We work with medical professionals to document your injuries, treatment, and long-term prognosis. Medical experts testify about the connection between the accident and your injuries. They also address future medical needs. This is especially important for catastrophic injuries requiring ongoing care.
Insurance Policy Analysis: We review all available insurance policies. This includes the at-fault driver’s liability coverage, your own underinsured motorist coverage, and any other applicable policies. We identify all sources of recovery.
Why Choose Odom Law Firm for Your Drunk Driving Accident Case
After a drunk driving accident, you need a law firm with experience fighting for victims of impaired drivers. Since 1982, Odom Law Firm has helped Fayetteville and Arkansas families recover compensation after serious DUI collisions. Here’s what sets us apart:
- Over four decades investigating crashes, proving driver impairment, and advocating for maximum recovery.
- Results for drunk driving accident victims, including:
- $1.8 million settlement for a pedestrian killed in a crosswalk by a drunk driver
- $975,000 settlement for a pedestrian with severe injuries from an impaired driver incident
- Contingency representation—clients pay nothing unless we recover damages.
- Commitment to clear communication and relentless advocacy for every client.
Let Odom Law Firm stand up for you and pursue the compensation you deserve after a drunk driving accident.
Why Drunk Driving Accidents Require Experienced Legal Representation
Drunk driving accidents differ fundamentally from standard motor vehicle collisions. When an impaired driver causes an accident, they have violated both traffic laws and criminal statutes. This creates multiple avenues for legal recovery. In Arkansas, a driver is considered legally impaired at a blood alcohol concentration (BAC) of 0.08% or higher under Arkansas Code § 5-65-101. Impairment can occur at lower levels. Alcohol compromises reaction time, judgment, and motor control—making drunk driving accidents more severe and more predictable in their negligence.
The concept of negligence applies to drunk driving cases. When a driver violates Arkansas DUI laws, that violation provides strong evidence of negligence. This streamlines the plaintiff’s burden of proof. However, plaintiffs must still establish that the violation caused the accident and resulting injuries. This legal doctrine strengthens your case significantly. Additionally, drunk driving accidents often result in punitive damages. These damages are designed to punish the defendant and deter future misconduct. They can substantially increase your recovery beyond standard compensatory damages.
How Drunk Drivers Create Liability Beyond Standard Negligence
At Odom Law Firm, our experienced attorneys understand drunk driving accident cases. Our legal team has spent over 40 years representing injured victims. We work with clients to counter insurance companies that attempt to minimize these claims. We know how to use the criminal violation to establish liability and maximize your compensation. Our team includes attorneys with Martindale-Hubbell AV ratings and recognition from Super Lawyers. These credentials demonstrate our commitment to excellence in personal injury litigation.
Common Injuries from Drunk Driving Accidents in Fayetteville
Drunk driving accidents produce some of the most severe injuries we handle. The impaired driver’s inability to brake, swerve, or react appropriately means collisions occur at full force. No mitigation occurs. Our clients have suffered:
- Traumatic Brain Injuries (TBI), ranging from concussions to permanent cognitive impairment
- Spinal Cord Injuries leading to partial or complete paralysis
- Internal Injuries, including organ damage, internal bleeding, and abdominal trauma
- Fractures and Broken Bones requiring extensive surgery and rehabilitation
- Soft Tissue Injuries, such as whiplash, muscle tears, and ligament damage
- Burn Injuries and Scarring, particularly in rollover accidents or fires
- Psychological Trauma, including PTSD, anxiety, and depression, following the accident
- Wrongful Death resulting from fatal injuries that devastate families
Severe Injuries That Warrant Maximum Compensation
The severity of injuries in drunk driving accidents justifies aggressive pursuit of maximum compensation. We have recovered millions for clients suffering catastrophic injuries. We apply that same dedication to every case, regardless of injury severity. Our track record includes settlements and verdicts exceeding $1.8 million for pedestrian accidents alone. This demonstrates our ability to secure substantial recovery for injured victims.
Compensation Available After a Drunk Driving Accident
Arkansas law allows recovery for multiple categories of damages in drunk driving accident cases:
- Medical Expenses: All past and future medical treatment, including emergency care, surgery, hospitalization, rehabilitation, therapy, and ongoing medical management
- Lost Wages: Income lost during recovery, plus reduced earning capacity if injuries prevent return to previous employment
- Pain and Suffering: Compensation for physical pain, emotional distress, and reduced quality of life
- Punitive Damages: In drunk driving cases, Arkansas courts often award punitive damages to punish the defendant and deter similar conduct
- Future Care Costs: Long-term care, home modifications, assistive devices, and ongoing treatment for permanent injuries
- Loss of Enjoyment of Life: Compensation for the inability to participate in activities and hobbies you previously enjoyed
The total value of your case depends on injury severity, medical expenses, lost income, and the strength of evidence establishing the driver’s impairment. For cases involving rideshare accidents, additional compensation may be available through rideshare company policies.
Why Insurance Companies Fight Drunk Driving Claims
Despite the clear liability in drunk driving cases, insurance companies aggressively defend these claims. They attempt to minimize settlements. Understanding their tactics helps you recognize when you need legal representation.
Common Tactics Used to Minimize Your Settlement
Comparative Fault Arguments: Insurance companies argue that you contributed to the accident through your own actions. Perhaps you weren’t paying attention, or you made a driving error. Arkansas comparative fault law allows defendants to reduce damages based on their percentage of fault. We counter these arguments with evidence demonstrating the drunk driver’s sole responsibility.
Undervaluation of Injuries: Insurance adjusters minimize injury severity by questioning medical treatment. They suggest injuries will resolve quickly. They claim pre-existing conditions caused your symptoms. We combat this through comprehensive medical documentation and expert testimony.
Settlement Pressure: Insurance companies offer quick settlements far below case value. They hope you’ll accept before understanding your injuries’ full extent. We negotiate from a position of strength. Our negotiations are backed by thorough investigation and expert analysis.
Policy Limit Arguments: When damages exceed insurance policy limits, insurers claim they cannot pay more. We pursue additional recovery through underinsured motorist coverage, the defendant’s personal assets, and other available sources. This approach is similar to our strategy in hit-and-run accident cases.
Odom Law Firm handles all communications with insurance companies. We protect you from these tactics while pursuing fair compensation. Our founding attorney’s background as a former insurance adjuster provides insight into how insurance companies operate. We know how to counter their strategies effectively.
Frequently Asked Questions About DUI Accident Claims
How long do I have to file a lawsuit after a drunk driving accident in Arkansas?
Arkansas imposes a three-year statute of limitations for personal injury lawsuits under Arkansas Code § 16-56-105. However, this deadline can be extended in certain circumstances. Evidence degrades over time. We recommend contacting an attorney immediately to preserve evidence and protect your rights.
Can I recover compensation if I was partially at fault for the accident?
Yes. Arkansas follows comparative fault law, allowing recovery even if you were partially responsible. Your compensation is reduced by your percentage of fault. For example, if you are 20% at fault, you would recover 80% of your total damages. We aggressively defend against comparative fault claims to maximize your recovery.
What evidence proves the driver was impaired?
Multiple forms of evidence establish impairment: BAC test results, field sobriety test performance, police observations, witness testimony about erratic driving, and the accident circumstances themselves. We compile all available evidence to build a strong case.
How much is my drunk driving accident case worth?
Case value depends on injury severity, medical expenses, lost income, pain and suffering, and punitive damages eligibility. We evaluate each case individually, considering all factors. During your free consultation, we provide an honest assessment of your case’s potential value.
Will my case go to trial or settle?
Most cases settle before trial, but we prepare every case for trial. Insurance companies know we will litigate aggressively. This motivates fair settlement offers. If settlement negotiations fail, we take your case to trial and fight for maximum compensation before a jury.
What makes Odom Law Firm different from other accident lawyers?
Odom Law Firm has represented injured victims since 1982. Our team includes six attorneys with 43 years of combined experience. Our attorneys hold Martindale-Hubbell AV ratings and Super Lawyers recognition. We work exclusively on personal injury cases. This allows us to develop deep knowledge in drunk driving accidents and insurance company tactics. Most importantly, we work on contingency—you pay nothing unless we recover compensation for you.
Contact Odom Law Firm for Your Free Consultation
If a drunk driver injured you in Fayetteville, you deserve compensation. Odom Law Firm has recovered millions for injured victims since 1982. Our Fayetteville car accident attorneys work on contingency—you pay nothing unless we recover compensation for you.
Call 479-442-7575 for your free consultation. We are available 24/7 to discuss your case and answer your questions. Let us work for the compensation you deserve.
