Defendant's Attorney: Brian D. Wood

Description: Fayetteville, Arkansas personal injury lawyer represented the Plaintiff who sued the Defendant on an auto negligence theory claiming to have suffered more that $75,000 in damages and/or injuries as a direct result of a car wreck caused by the Defendant.

Elements of Arkansas Auto Negligence Law:

Duty of care: Every driver in Arkansas has a duty of care to operate their vehicle safely and follow traffic laws, avoiding actions that could put others at risk. This includes:

Speeding
Distracted driving
Driving under the influence (DUI)
Reckless driving
Failing to yield right of way
Ignoring traffic signals
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Breach of duty: The injured party must prove that the other driver breached their duty of care, causing the accident and resulting injuries. This can be achieved through evidence like:
Police reports
Witness statements
Accident scene photos
Vehicle damage photos
Medical records
Proximate cause: The breach of duty must be the direct cause of the accident and injuries. Simply showing the driver was negligent isn't enough; you must prove their negligence directly caused the harm.
Damages: If all elements are established, the injured party can seek compensation for various damages:
Medical expenses
Lost wages
Pain and suffering
Property damage
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Modified comparative negligence: Arkansas adheres to a modified comparative negligence rule, meaning the injured party's own negligence may reduce their compensation proportionally. For example, if they're 20% at fault, their damages are reduced by 20%. However, exceeding 50% fault bars them from recovering any damages.

Additional Points:

Statute of limitations: Claims in Arkansas have a three-year statute of limitations, starting from the date of the accident.
Legal resources: Consult the Arkansas Bar Association or Arkansas Department of Commerce for guidance and resources.

Specific Scenarios:

Here are some situations where Arkansas auto negligence law might apply:

Car accidents: A driver violating traffic laws and causing a collision could be liable for resulting injuries.
Hit-and-run accidents: The injured party can still pursue compensation through their uninsured/underinsured motorist coverage.
Pedestrian accidents: Drivers have a duty to exercise due care towards pedestrians and are liable for causing injuries due to negligence.

Seeking Legal Help:

If you believe you've been harmed due to someone else's negligence in an Arkansas auto accident, it's crucial to consult with an experienced personal injury attorney specializing in auto negligence. They can:

Assess your case and identify potential legal options.
Gather evidence and build your case.
Negotiate with insurance companies or represent you in court.

Google Bard

Outcome: 09/08/2023 48 JUDGMENT: IT IS HEREBY ORDERED AND ADJUGED that Plaintiff Allen Walker shall have and will recover from Defendant Luke Kunkel total compensatory damages in the amount of $1,848.07. The judgment amount shall bear interest at the prevailing legal rate of 5.39% per annum from the date of entry of this Order until paid. See 28 U.S.C. § 1961. All parties in this case are to bear their own costs and attorney's fees. Signed by Honorable P. K. Holmes III on September 7, 2023. (mjm) (Entered: 09/08/2023)
09/21/2023 49 MOTION to Alter Judgment ; 48 Judgment, ; by Allen Walker. (Attachments: # 1 Exhibit Bill of Costs)(Rozzell, George) (Entered: 09/21/2023)
09/21/2023 50 MEMORANDUM BRIEF in Support of 49 MOTION to Alter Judgment ; 48 Judgment, ; by Allen Walker. (Rozzell, George) (Entered: 09/21/2023)
10/05/2023 51 RESPONSE IN OPPOSITION TO Motion re 49 MOTION to Alter Judgment ; 48 Judgment, ; filed by Luke Kunkel. (Wood, Brian) (Entered: 10/05/2023)
10/05/2023 52 MEMORANDUM BRIEF in Support of 51 Response to Motion to Alter Judgment by Luke Kunkel. (Wood, Brian) (Entered: 10/05/2023)
10/12/2023 53 ORDER granting 49 Motion to Alter Judgment. The judgment in this matter shall be amended to award Plaintiff $992.00 in costs. An amended judgment will be filed contemporaneously with this Order. Signed by Honorable P. K. Holmes III on October 12, 2023. (mjm) (Entered: 10/12/2023)
10/12/2023 54 AMENDED JUDGMENT: Pursuant to the judgment entered in this case on September 7, 2023, IT IS HEREBY ADJUDGED that Plaintiff Allen Walker shall have and recover from Defendant Luke Kunkel total compensatory damages in the amount of $1,848.07. Postjudgment interest on these damages will accrue at the rate of 5.39% per annum from the date of September 8, 2023 until paid. Pursuant to Federal Rule of Civil Procedure 54(d)(1) and the order entered in this case on this date, IT IS FURTHER ADJUDGED that Plaintiff may recover costs in the amount of $992.00. Signed by Honorable P. K. Holmes III on October 12, 2023. (mjm) (Entered: 10/12/2023)
12/15/2023 55 SATISFACTION OF JUDGMENT re 48 Judgment, entered In favor of Allen Walker Against Luke Kunkel by Allen Walker. (Artherton, Angela) (Entered: 12/15/2023)

Plaintiff's Experts:

Defendant's Experts:

Comments: