Auto Accident

It Can Wait

by rhsstaff | October 7th, 2015


Football…it’s fall, we are all watching.  On Sunday afternoon all over the country people tune into NFL games. The games are memorable, but are the commercials?

For many, one recent commercial was memorable and you might have noticed it.  The ad was somber, but powerful.  Earlier this summer AT&T announced the “It Can Wait” campaign to highlight the dangers of distracted driving.  At Rainwater, Holt & Sexton we see firsthand the dangers of distracted driving and they can be disastrous.

Take a few minutes and watch the video.  If you haven’t already stopped using your phone while driving, please do…for all of us. Remember, no post or text is worth a life.

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$900 Million in Penalties Handed Out in GM Ignition Switch Failure Case

by Keith Adkins | September 21st, 2015

Defective Car Parts

When people buy a new car or truck, they expect the vehicle to function as intended. However, problems are often discovered down the road that can put occupants’ safety at risk.

GM Ignition Switch Failures

The General Motors (GM) ignition switch debacle is a prime example of this phenomenon. An investigation determined the company withheld information from both federal officials and consumers about safety risks posed by faulty parts in their vehicles,

Several years ago, reports began to surface that ignition switches in certain makes and models of GM vehicles could turn to the “off” position while the vehicles were still in motion. In turn, drivers could lose control and the airbags could fail to deploy in the event of a collision.

The Fallout

The malfunctions resulted in thousands of accidents resulting in fatalities and even more injuries. A GM ignition switch recall was then initiated. GM later faced criminal charges related to the faulty parts and was recently sentenced in the matter.

According to USA Today, GM will pay $900 million in fines. The company was also required to admit they failed to inform the National Highway Traffic Safety Administration of issues with the ignition switches, and misled consumers about the hazards that the faulty parts could pose. GM officials will also have to restructure the company’s recall process.

The Future of Vehicle Safety

At Rainwater, Holt & Sexton, we believe in holding car and truck manufacturers accountable for safety. That’s why our Arkansas defective product lawyers are hopeful the penalties faced by GM will help create a sense of accountability among other businesses in the automotive industry.


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Preventing Car Accidents in Arkansas School Zones

by Keith Adkins | August 24th, 2015

Students are beginning to return to the classroom across Arkansas, and that means more vehicles and pedestrians are on the road. The Arkansas car accident lawyers at Rainwater, Holt & Sexton explain increased traffic can also increase the risk of collisions between vehicles and people.

In and around Fort Smith, Arkansas, the city’s Street and Traffic Control Department has been testing the 55 school zone signals throughout the area. According to KSFM 5 News, the tests insure the flashing lights on school zone traffic signs activate and flash before and after schools are in session.

These traffic signals serve as a warning to drivers to be extra vigilant of others in school zones. Other things you can do to help prevent accidents include:

  • Slowing down- Reducing your speed can give you and others more time to react in the event an obstacle or person comes into the road.
  • Eliminating distractions- Being able to focus and keep your eyes on the road can also help reduce the chances of being involved in a crash.
  • Look twice in both directions- Whether your walking or driving, always take a moment to glance twice in each direction before entering traffic at an intersection.

At Rainwater, Holt & Sexton, we recognize the risks motorists and pedestrians face in school zones. Our Little Rock personal injury lawyers hope you keep these tips in mind while driving to help prevent accidents.

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I was the passenger in a car that caused a wreck. Do I still have a claim?

by rhsstaff | August 13th, 2015


Matt Hutsell, Rainwater, Holt & Sexton Attorney:

If you were a passenger with the driver that caused a wreck that is a prime opportunity for you to call Rainwater, Holt, & Sexton. Being a passenger in a car wreck does not exclude you from recovering damages, in fact it opens up options to use additional auto insurance coverage.  First, you do not share in any of the fault, since you were not driving.  So you might have a liability claim for negligence against the insurance company for either your driver or for another driver of another vehicle involved.  As the law presently states it may be necessary to file claims against all the drivers’ insurance companies and let them, or a jury, determine how to apportion fault to each one.

Next, you can use your MedPay coverage on your own vehicle or any vehicle in your household, even though those vehicles were not involved in the crash.  You can also use the MedPay coverage for the vehicle you were riding in, if you don’t have your own.  Finally, if the at fault drivers do not have coverage, or enough coverage, you will be able to use the Uninsured/Underinsured Motorist coverage for the vehicle you were in, your own vehicle, or a vehicle in your household.

As you can see there are numerous opportunities for someone injured as a passenger in a wreck to recover damages for their injuries. The first step is consulting an attorney immediately after a wreck and not settling on your own with the insurance company.

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Little Rock Car Accident Leaves Local Boy Seriously Injured

by Keith Adkins | July 27th, 2015

Motor vehicle accidents can affect on the road, but pedestrians face an especially high risk of injury or death in the event tof a crash. This was made evident by a recent Little Rock car accident that left a 7-year-old boy seriously injured.

According to the Log Cabin Democrat, the incident occurred at approximately 7 p.m. on Weds., July 1, along Dave Ward Drive in Little Rock. Reports indicate the victim and two companions were attempting to cross the street at the corner of Dave Ward and Salem Road. Some of the vehicles attempted to yield the right-of-way to the pedestrians, but others did not and struck the victim as he attempted to cross the street.

The victim was rushed to a local hospital and is continuing treatment at the facility.

The incident highlights the need for both motorists and pedestrians to be aware of others on the road at all times.

Even when precautions are taken, accidents can still occur. That’s why the legal staff at Rainwater, Holt & Sexton would like to offer these tips on what to do after a car accident. We hope this information is useful in protecting your rights in the event of a car accident injury.

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Arkansas Car Accident Lawyers Discuss Car Crash Disputes

by Keith Adkins | June 29th, 2015

There’s an old adage that there are two sides to every story. This couldn’t apply more to when a motor vehicle collision occurs. Both drivers have experiences that differ from one another, which can lead to conflict when determining fault after an accident.

The Arkansas car accident lawyers at Rainwater, Holt & Sexton explain that such a dispute arose after a sport utility vehicle collided with a squad car driven by an officer with the Little Rock Police Department. Reports indicate the driver of the SUV was the only driver cited for the accident, despite witnesses stating the officer was speeding and responding to a call without his sirens or emergency flashers activated.

According to Arkansas Online, the crash occurred at around 9:30 p.m. on Thursday, June 18, on Kanis Road. Dash cam video from the squad car shows the officer responding to the scene of a robbery when his vehicle suddenly collides with the SUV.

The driver of the SUV was cited for careless driving, which he claims is unfair, considering the officer was traveling in excess of the speed limit. The victim says the officer’s speed had a direct impact in causing the crash, and he has stated he plans to file a complaint related to the crash as well.

If you were injured in a disputed car accident, you need to protect your legal rights. At Rainwater, Holt & Sexton, our team of Little Rock personal injury lawyers are standing by to answer your questions. Feel free to give us a call anytime at (800) 767-4815 to speak to a member of our legal staff.

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Making Safety a Priority on the Road This Summer

by Keith Adkins | June 8th, 2015

Roadway Hazards

Summer has officially arrived in Arkansas, and for many of our state’s residents, it’s time to travel for vacations and holidays. The Arkansas car accident lawyers at Rainwater, Holt & Sexton would like to remind travelers that driving can be dangerous, and we would like to discuss two of the most prominent hazards drivers can expect this summer—distractions and work zones.

Distracted Driving

Estimates show as many as 500 people die on Arkansas roadways each year. Many of those fatalities involve motorists who weren’t paying attention to the road.

One of the most common distractions among drivers today is cellphones. As many as 60 percent of drivers admit to using a cellphone behind the wheel of a moving vehicle, and distraction is listed as a factor in as many as one-third of fatal accidents.

Arkansas has laws in place that prevent all motorists from using electronic devices to send, receive, or read text messages and emails while driving. Furthermore, we have regulations that prohibit young, inexperienced drivers from talking on cellphones while behind the wheel. Officers and Troopers from around the state have began to vigorously enforce distracted driving laws as well.

Work Zones

According to an article from the Magnolia Reporter, officials are also urging drivers to be aware of the hazards driving through a construction zone can pose. Laws prohibit drivers from using cellphones when traveling through work zones as a means of reducing accidents. Drivers are also required to move over a lane when passing stopped emergency and authorized vehicles.

Stay Safe

At Rainwater, Holt & Sexton, our Arkansas personal injury lawyers urge you to keep safety in mind when on the road. That means obeying the speed limit, driving defensively, and always buckling up.

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Little Rock Car Accident Lawyers Discuss Memorial Day Enforcement Campaigns

by Keith Adkins | May 18th, 2015

Memorial Day is one of the busiest travel days of the year. That’s why the Little Rock car accident lawyers at Rainwater, Holt & Sexton want to discuss one of the most common and preventable contributing factors to injuries and fatalities in car crashes—failure to buckle up.

Arkansas statistics show that 59 percent of the individuals who die in automobile crashes were not restrained by a safety belt at the time of their accident. And as many as 75 percent of people between ages 16-20 who die in Arkansas car accidents aren’t buckled up.

Several agencies and organizations have partnered to bring the Click It or Ticket campaign to the area to raise seatbelt safety awareness. According to the City of Benton, officers will begin strict and saturated enforcement of state and local seat belt laws between May 18 and the end of the month. Officers say they will also be closely watching for drunk drivers during the campaign period.

At Rainwater, Holt & Sexton, we have seen the damage car crashes can cause. That’s why our Little Rock personal injury lawyers remind you to buckle up each and every time you get into a vehicle.

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Arkansas Fights Distracted Driving With “U Drive U Text U Pay” Campaign

by Keith Adkins | April 20th, 2015

Distracted driving is one of the leading causes of motor vehicle accidents in Arkansas today. To help keep inattentive drivers off our roads, the Arkansas car accident lawyers at Rainwater, Holt & Sexton explain many local organizations are educating the public about the risks.

One of these groups is the Arkansas State Police. Their spokesperson, Col. Bill Bryant, stated troopers were out in full force this weekend citing drivers as part of the “U Drive U Text U Pay” campaign.

According to The Courier, Arkansas state law bans drivers from texting, typing, emailing, or using the Internet behind the wheel of a vehicle. Drivers under age 18 are also prohibited from talking on a phone while driving, unless the call is to an emergency number. A violation is considered a primary offense and is punishable by a warning ticket for a first offense and a $100 fine for every offense thereafter.

Last week, troopers stopped drivers they suspected of talking or texting. Their hope is to increase awareness and make inattentive motorists think twice about using a phone by hitting them where it hurts the most—the pocket book.

At Rainwater, Holt & Sexton, we are aware of the devastating results of distracted driving accidents. Our Little Rock personal injury lawyers point out that you can do your part by promising to focus on the road each and every time you drive and encouraging others to do the same.


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The Risks of Head-On Car Accidents in Arkansas

by Keith Adkins | March 30th, 2015

The Prevalence of Head-On Collisions

Head-on collisions can be extremely dangerous because of the force of impact exerted when crashes occur. These dangers were made evident by two recent fatal Arkansas car accidents.

Recent Head-On Crashes

According to Arkansas Online, the first crash happened on Thursday, March 26, on U.S. 82 in Union County. A 26-year-old man was heading west along the road in a 2001 Chevrolet Suburban when the driver of an eastbound 2006 Chevrolet Trailblazer crossed the center yellow lines and struck the Suburban head-on. The driver of the Suburban was rushed to a local hospital by first responders, but he died the next day.

The second accident occurred on Saturday, March 28, along U.S. 63 near Pine Bluff. Police say the 31-year-old victim was behind the wheel of a 2012 Nissan just before 1:45 a.m. when a 1998 GMC crossed the dividing lines of the highway. The two vehicles struck one another head-on and the driver of the Nissan was declared dead at the scene.

Avoiding a Head-On Accident

Collisions like these may leave you wondering what you can do to reduce the chances of a head-on crash. At Rainwater, Holt & Sexton, our team of Little Rock car accident lawyers suggest steering clear of the “Three D’s” of preventable crashes:

  • Distracted Driving- Not paying attention while driving is one of the leading causes of accidents where vehicles cross the center lines of the road.
  • Drowsy Driving- Falling asleep at the wheel is also a top cause of head-on collisions in the United States today, so get plenty of rest before hitting the road.
  • Drunk Driving- Many drunk drivers travel against the flow of traffic simply because they are unaware of their surroundings. Avoid wrong-way driving by never getting behind the wheel while intoxicated.

We hope these tips help to keep you safe on the road!

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