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The Law Offices of Miller & Mallett have represented injured Arkansans since 1986. In nearly four decades of handling car wreck cases, our attorneys have watched a few early missteps quietly weaken otherwise strong claims. The encouraging part is that most of these mistakes are avoidable once you know what to look for. The most common mistakes drivers make after an accident include leaving the scene too soon, failing to report the crash, admitting fault, delaying medical care, neglecting to document evidence, giving the insurance company a recorded statement, and waiting too long to call a lawyer. Below, our team walks through each one so you can protect your health, your rights, and your recovery.

The Most Common Post-Accident Mistakes

Knowing the pitfalls ahead of time is half the battle. The choices you make in the first hours and days after a collision often shape how an insurance company values your claim later. These are the mistakes our car accident lawyers see most often:

  • Leaving the scene before fulfilling your legal duties
  • Not reporting the accident to law enforcement or the state
  • Apologizing or admitting fault at the scene
  • Delaying or skipping medical treatment
  • Failing to photograph the scene and collect witness information
  • Giving the at-fault driver's insurer a recorded statement or accepting a fast offer
  • Waiting too long to speak with an attorney

Mistake #1: Leaving the Scene Before You Should

Leaving too soon is one of the most serious mistakes a driver can make. Under Arkansas law, any driver involved in an accident that injures someone or damages a vehicle must:

  • Stop
  • Give information
  • Remain at the scene for a reasonable time, which the statute defines as at least 30 minutes when a law enforcement agency has been contacted

You can review the requirement in Arkansas Code 27-53-103.

Beyond the legal duty, staying put protects your case. Drivers who leave can lose access to evidence, lose the chance to exchange accurate information, and hand the other side an easy way to question their credibility.

Mistake #2: Failing to Report the Accident

Failing to report the crash can cost you both legally and financially. Arkansas requires drivers to notify the nearest law enforcement agency when an accident causes injury, death, or property damage that appears to total $3,000 or more, as set out in Arkansas Code 27-53-202. You may also need to file a written SR-1 report with the state within 30 days of the crash.

Skipping these steps carries real consequences, including fines and possible trouble with your license. A police report also becomes one of the strongest pieces of evidence you have, so calling the authorities is worth doing even when you are unsure the crash meets the threshold.

Mistake #3: Admitting Fault or Saying Too Much

Arkansas uses a modified comparative fault rule with a 50% bar. Your compensation is reduced in proportion to your share of fault, and you recover nothing if you are found 50% or more responsible. Justia's 50-state negligence survey explains how the rule works, and the underlying statute is Arkansas Code 16-64-122.

In that environment, an offhand comment at the scene can be twisted into an admission that shaves down what you are owed. A few simple habits protect you:

  • Avoid apologizing or saying "I'm sorry," even out of politeness
  • Do not guess about your speed, the distance, or who caused the crash
  • Stick to the facts when you give your account to the police
  • Decline to discuss fault with the other driver or their insurer
  • Let your attorney answer questions about how the accident happened

We tell our clients to be honest with the police, kind to the other driver, and careful with their words. You will never have to face the insurance company alone, because handling those conversations is exactly what the attorneys at Miller & Mallett are here to do.

Mistake #4: Delaying or Skipping Medical Treatment

Get medical care promptly, even if you feel fine. Adrenaline can mask injuries for hours or days, and some conditions quietly worsen without early treatment. A few of the injuries that often surface late include:

  • Whiplash and other neck or back strains
  • Concussions and other traumatic brain injuries
  • Soft-tissue damage to muscles, ligaments, and tendons
  • Internal bleeding or organ injuries
  • Emotional trauma, including anxiety and trouble sleeping

A prompt evaluation also creates a clear record that links your injuries to the accident. When clients wait weeks to see a doctor or skip follow-up appointments, insurance adjusters seize on the gap and argue the injuries were not serious or were caused by something else.

Mistake #5: Failing to Document the Scene and Gather Evidence

Documentation wins cases, and the scene is where it starts. If you are physically able, use your phone to capture as much as you can before vehicles are moved and conditions change. Try to gather:

  • Photos of the vehicles, their positions, and all visible damage
  • Road, lighting, and weather conditions, plus any relevant traffic signals or signs
  • Pictures of visible injuries
  • Names and phone numbers of witnesses before they leave the scene
  • The other driver's name, contact details, and insurance information

Memories fade, and witnesses can be hard to track down later, so collecting this information early makes a real difference. Hold on to everything afterward as well, including:

  • Medical bills
  • Repair estimates
  • Pay stubs showing missed work
  • A copy of the crash report

The more complete the record, the harder it is for an insurer to dispute what happened.

Mistake #6: Giving a Recorded Statement or Accepting a Quick Settlement

Be cautious when the other driver's insurance company calls. The adjuster works for the insurer, not for you, and the early phone call is often the first move in a strategy to pay you as little as possible. Common tactics to watch for include:

  • Requesting a recorded statement while you are rattled and still in shock
  • Asking leading questions designed to pin part of the blame on you
  • Pushing you to settle before the full extent of your injuries is known
  • Floating a fast, low offer that sounds generous but falls short of your real costs
  • Implying you do not need a lawyer to handle the claim

Once you accept an offer, you generally give up the right to seek more, even if your medical needs grow. The insurance company is not on your side, but Miller & Mallett is. Our attorneys handle these communications, push back on lowball tactics, and fight to secure the full compensation our clients deserve.

Mistake #7: Waiting Too Long to Contact a Lawyer

Time matters more than most people realize. Arkansas generally gives injured drivers three years from the date of the crash to file a personal injury lawsuit under Arkansas Code 16-56-105, though some claims carry shorter deadlines, such as two years for medical malpractice. Miss the deadline that applies to you, and the court will almost always dismiss your case, no matter how strong it is.

Even with years on the clock, waiting works against you in ways that are hard to undo:

  • Physical evidence disappears as vehicles are repaired or scrapped
  • Witnesses move, forget details, or become impossible to reach
  • Surveillance and dashcam footage is often erased within days or weeks
  • Your own memory of the crash grows fuzzier over time
  • Insurers gain room to argue that delays mean your injuries were minor

Avoiding These Mistakes Is Far Easier With An Experienced Advocate In Your Corner

Founded in 1986 by Peter Miller and led by Managing Partner Jessica Virden Mallett since 2018, the Law Offices of Miller & Mallett bring more than 80 years of combined trial experience to injury cases across Arkansas. We are "the Firm with a Smile," which means we are warm and patient with our clients and tough and relentless with the insurance companies that try to shortchange them.

We make getting help simple. Consultations are free. We work on a contingency fee basis, so you pay nothing until you collect, and we offer home and hospital visits when you cannot come to us. If you or someone you love has been hurt in an accident, call Miller & Mallett today at (501) 999-0206 for a free case evaluation, and let our team take the pressure off so you can focus on healing.

Sources

Disclaimer: The information in this article is provided for general educational purposes only and does not constitute legal advice. Every case is different. Past results do not guarantee future outcomes.

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