For nearly 40 years, the Law Offices of Miller & Mallett has represented people hurt by careless and reckless drivers across Little Rock, Arkansas. Our attorneys have handled thousands of car accident claims, including many caused by impaired drivers, and we know these cases carry extra layers that a typical fender bender does not.
If a drunk driver hurt you, the steps you take now and the mistakes you avoid can shape what you're able to recover. We want you to understand the pieces victims most often miss: documentation, the difference between the criminal case and your civil claim, dealing with insurance adjusters, filing deadlines, and the emotional toll that lingers long after the wreck itself.
What Makes a DUI Crash Different From a Typical Accident
A DUI crash still runs on the same basic legal principle as any other wreck: you must show the other driver was negligent to recover damages. A few things about Arkansas law make DUI cases distinct from a routine fender bender:
- Driving with a blood alcohol concentration of .08 or higher, or while otherwise impaired, is a strict liability criminal offense in Arkansas, meaning intent doesn't matter to a conviction
- That criminal charge or conviction becomes powerful evidence in your civil claim, since a jury can weigh it heavily when deciding whether the driver breached their duty to drive safely
- Arkansas places no cap on compensatory or punitive damages, so an impaired driver's recklessness can also open the door to punitive damages in especially egregious cases, on top of compensation for your medical bills, lost wages, and pain and suffering
Overlooked Mistake #1: Not Documenting Injuries Right Away
Adrenaline and shock hide symptoms. Many victims feel "fine enough" the day of the crash, skip the emergency room, and only see a doctor once the pain sets in days later, a gap that insurance companies love to exploit. Little details, captured early, often make or break a claim later.
Before you talk to anyone about a settlement, make sure you've covered:
- A same-day ER or urgent care visit, even if injuries seem minor
- Every follow-up appointment, referral, and physical therapy session was kept on the calendar and attended
- Photos of the vehicles, the scene, and your visible injuries, taken from multiple angles
- A simple daily journal of pain levels, missed work, and how the injury affects everyday tasks
Little Rock personal injury attorneys like ours can help fill in the medical record gaps later, but nothing replaces documentation gathered while it's fresh.
Overlooked Mistake #2: Assuming the Criminal Case Settles Everything
Victims often believe that once the drunk driver is convicted, their compensation is automatic—it isn't. The criminal case punishes the driver for breaking the law, but it doesn't pay your medical bills or replace your lost income.
Recovering compensation requires a separate civil claim, usually filed against the driver's auto insurance policy, and sometimes a personal injury lawsuit if a fair settlement can't be reached. Waiting on the criminal court calendar to resolve before starting your civil claim can cost you valuable time you don't have to spare.
Overlooked Mistake #3: Talking to the At-Fault Driver's Insurance Company Too Soon
Insurance adjusters move fast after a DUI crash, and their first call is rarely in your best interest. They may ask for a recorded statement, request access to your full medical history, or offer a quick settlement before you know the extent of your injuries.
Once you accept a check, that claim is closed for good, even if new symptoms show up weeks later. Our attorneys handle every conversation with the insurance company on your behalf, so you can focus on healing while we build the strongest possible case.
Overlooked Mistake #4: Missing the Statute of Limitations
Arkansas gives injury victims three years from the date of the crash to file a personal injury lawsuit, under Arkansas Code § 16-56-105. Three years can feel like plenty of time right after a wreck, but the deadline is less forgiving than it seems:
- Evidence fades, vehicles get repaired or scrapped, and surveillance footage is often overwritten within weeks
- Witnesses move away, or their memory of the crash grows less reliable the longer a case sits
- Treatment plans take longer than expected, and building a strong case around your full medical picture takes time your attorney needs before that window closes
Waiting too long to consult a lawyer can quietly shrink your options even before the deadline arrives.
Overlooked Mistake #5: Underestimating Long-Term or Emotional Impact
Victims of DUI crashes commonly carry effects well beyond the visible ones:
- Anxiety about driving, or even riding as a passenger, long after the physical injuries heal
- Flashbacks to the moment of impact, which can resurface during ordinary driving situations
- A lingering sense of anger that a completely preventable choice upended their life
According to the National Highway Traffic Safety Administration, about 30 percent of all U.S. traffic fatalities involve a driver with a blood alcohol concentration of .08 or higher, and one person is killed in a drunk-driving crash every 44 minutes nationwide.
Behind every one of those numbers is a family dealing with more than medical bills. Compensation in a personal injury claim can account for this mental and emotional toll, not just the visible injuries, so don't let embarrassment or uncertainty keep you from mentioning it to your attorney.
Steps to Take After a DUI Crash
If you or a loved one was hurt by an impaired driver, a few immediate steps protect both your health and your claim:
- Seek medical attention right away, even if injuries seem minor at first
- Request a copy of the police report once it's available
- Avoid giving a recorded statement to any insurance company before speaking with an attorney
- Keep every receipt, medical bill, and note about missed work
- Contact a Miller & Mallett attorney to talk through your options at no cost
Get the Support You Deserve After a DUI Crash
Miller & Mallett has represented Arkansans for nearly 40 years, with 80-plus years of combined trial experience across our team. We work on a contingency-fee basis for personal injury cases, so you owe nothing unless we recover compensation for you. Consultations are always free. Unlike firms where clients get passed between staff, you'll talk directly with your attorney about your case. We also offer virtual, home, and hospital visits, because we know a DUI crash victim shouldn't have to add a trip to a downtown office onto an already overwhelming recovery. Contact us today to book your case evaluation and learn more about how we can help.
Disclaimer: The information on this page is provided for general educational purposes only and does not constitute legal advice. Every case is different. Past results do not guarantee future outcomes.
Sources
- National Highway Traffic Safety Administration, "Drunk Driving | Statistics and Resources"
- Arkansas Code § 16-56-105, via Arkansas.gov Code Search
- Arkansas Code § 5-65-103, quoted in Arkansas Bureau of Legislative Research Fiscal Impact Statement
