Rainwater, Holt & Sexton | Injury Law Blog

Five Attorneys named to Best Lawyers List

by Richard Atkinson | August 17th, 2017


This year’s Best Lawyers list features five Rainwater, Holt & Sexton attorneys. It’s an honor to have our hard work validated by winning an award from their peers. Four attorneys have been on previous lists and we add one new honoree.

Mike Rainwater, Bob Sexton, Denise Hoggard, and Thom Diaz all have made the list in previous year. Our attorney Laura Beth York made the list for the first time and was listed as a Best Lawyer in Workers’ Compensation Law.  Mike Rainwater, Bob Sexton, and Thom Diaz were listed for personal injury litigation and Denise Hoggard for employment law and employment litigation. This is the 12th year Mike Rainwater has been honored, 10th year for Denise Hoggard, and 3rd year for Sexton and Diaz.

According to the Best Lawyers “Inclusion in Best Lawyers is based entirely on peer-review.  The methodology is designed to capture the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area. Best Lawyers employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services. Our belief has always been the quality of a peer-review survey is directly related to the quality of its voting pool.”

For more information about Best Lawyers click here. We are proud of our attorneys and the culmination of their work this award represents.

Arkansas Life Readers’ Choice Best of 2017

by Richard Atkinson | August 15th, 2017


We are honored to be named one of the best this year in the annual Arkansas Life Readers’ Choice Best of 2017.  Mike Rainwater has been named the Best Attorney and Rainwater, Holt & Sexton was listed as the best law firm.

The Reader’s Choice list is voted on by Arkansas Life readers. It is an annual list of the best in six main categories culture and lifestyle, food and drink, health and fitness, home and garden, service and help, and style and beauty.

This is the second year in a row Mike Rainwater has been named the Best Attorney, and Rainwater, Holt & Sexton was named best law firm.

Monthly Charity Winner – Cystic Fibrosis Foundation

by Richard Atkinson | August 14th, 2017

july cystic fibrosis

This month’s vending machine charity winner was the Cystic Fibrosis Foundation Arkansas Chapter. The donation was especially important for us, because one of our employees is directly affected by cystic fibrosis.

Cystic fibrosis is a genetic lung disorder that is progressive and causes persistent lung infections and limits the ability to breathe . There is no cure for cystic fibrosis, but with developing new drugs and treatments life expectancy has gone up in the last several years. The goal of the Cystic Fibrosis Foundation is to help find a cure for the disease and to help those dealing it lead a full and productive life.

Our monthly charity giving is one of our favorite things to do. Each month employees nominate and vote on a charity in the community they would like to help. Throughout the month employees “donate” by buying snacks and drinks that the firm subsidizes. All the proceeds from the snacks are then matched by the firm. We are honored to have such great employees that not only pick out wonderful organizations, but also help by donating all month long.


What if I am Injured by an Intoxicated Boater?

by Joshua Standerfer | August 4th, 2017

With summer in full swing, many people are spending their weekends or vacations at various lakes around the state.  Arkansas is lucky to have an abundance of lakes to fish, ski or just ride around in a boat.  While spending time on the lake can be a lot of fun, people should take precautions to keep themselves and their families safe.  Wearing sun screen and staying hydrated are two things that people should do while on the lake, but it is also important to be on the lookout for intoxicated boaters and to make sure that you are not on a boat being operated by an intoxicated person.  According to the 2014 U.S. Department of Homeland Security and U.S. Coast Guard Recreational Boating Statistics, alcohol use is one of the top five contributing factors to boating accidents involving a fatality.

Although Driving while Intoxicated gets a lot of press, remember that Boating while Intoxicated is also a crime.  Arkansas Code Annotated § 5-65-103 is a criminal statute that prohibits operating a motorboat while intoxicated.

5-65-103. Driving or boating while intoxicated.


(1)  It is unlawful and punishable as provided in this chapter for a person who is intoxicated to operate or be in actual physical control of a motorboat on the waters of this state or a motor vehicle.

(2)  It is unlawful and punishable as provided in this chapter for a person to operate or be in actual physical control of a motorboat on the waters of this state or a motor vehicle if at that time the alcohol concentration in the person’s breath or blood was eight hundredths (0.08) or more based upon the definition of alcohol concentration in § 5-65-204.

(b)  The consumption of alcohol or the possession of an open container of alcohol aboard a motorboat does not in and of itself constitute probable cause that the person committed the offense of boating while intoxicated.

(c)  An alcohol-related offense under this section is a strict liability offense.

Much like the criminal implications of boating while intoxicated are similar to driving while intoxicated, the civil law implications are also similar.  The State of Arkansas requires that a $50,000 occurrence policy be kept on any boat with over 50 horse power, so it is worth exploring a possible claim if you have been injured by an intoxicated boat operator.  It is easy for anyone to apply the same common sense used when out of the water and is applied to intoxicated drivers of vehicles.  If someone wants to drink alcohol, they should have a designated non-drinking operator.  If someone operates a boat while intoxicated, they should be held accountable.  The rules apply to everyone that is on the water. If you have been injured because of an intoxicated boat operator, call the attorneys at Rainwater, Holt & Sexton.  We would love to speak with you and help you in any way we can.

Victory Over Violence RHS Difference Maker – Little Rock Police Department

by Richard Atkinson | August 2nd, 2017

We are extremely proud of years of work with Arkansas law enforcement.  With our defense practice representing multiple county Sheriffs and deputies all over Arkansas, we were very honored to present the Little Rock Police Foundation with the Victory Over Violence Difference Makers Award for the work they do to support the officers in Little Rock. The award, which comes with a $1,000 donation from Rainwater, Holt & Sexton, honors those working to stop violence in the community. The LRPD Foundation says it is “raising funds and granting programs that help the Little Rock Police Department be more connected to our citizens…” Rainwater, Holt & Sexton wants to thank the foundation for the work they have done for the officers of the Little Rock Police Department.

The Difference Maker award is in conjunction with the Victory Over Violence campaign launched by KARK Channel 4 and Fox 16. Once a month, Rainwater, Holt & Sexton presents a $1,000 donation to an organization fighting violence in the community and has established themselves as a true Difference Maker. The partnership goal is to create a safer Central Arkansas by uniting community groups promoting change through improvements in education, jobs, mentoring, and hunger.

Do I still have an accident claim if there was no fault given or I was partially to blame?

by Jake Logan | July 31st, 2017

If you’ve been involved in a motor vehicle collision that isn’t your fault, BUT the officer does not state whose fault the collision was or doesn’t issue a citation to either driver, your claim is not necessarily dead. When an officer reports to a collision, often times the cars have been moved, a driver or passenger may be getting transported to the hospital, there are no witnesses sticking around, and the officer doesn’t have any direct knowledge of how the collision occurred other than both of the driver’s stories. There’s also the possibility that the other driver was in the wrong and has now changed his or her story when being questioned by the police officer.

Even if the evidence of the wreck has been altered before the officer arrives, and even if the other driver changes his or her story, you may still file a claim with both your insurance and the other driver’s insurance.

At minimum you will at least have a claim for no-fault Medical Payments/Personal Injury Protection coverage on your own policy if you have it on your policy. In Arkansas, you must reject it in writing to the insurance carrier at the time of getting your policy or you are entitled to the state minimum of $5,000. You can also opt in and pay a monthly/yearly premium to add the $5,000 coverage to your policy.

In Arkansas, you must prove to the jury that the other driver is at least 51% at fault for the collision. While a citation given to the other driver or a finding of fault by the investigating officer may be helpful in proving the facts surrounding the collision, it is by no means a prerequisite to filing a claim, or definitive winning proof for or against your claim.

The officer didn’t witness the accident. The statements of the parties, statements of witnesses, crash reconstruction experts, the general logic of how the collision occurred, light sequences if the collision happened at a stop light intersection, and various other sources of evidence may exist to bolster your claim. Even if the officer doesn’t give a citation or find the other driver at fault for the collision, you may still have a claim.

Let the attorneys of Rainwater, Holt & Sexton investigate your claim and analyze the facts and evidence surrounding your collision before letting the other driver’s insurance company tell you that you don’t have a claim.

Best Place to Work – Again!

by Richard Atkinson | July 26th, 2017


Three-peat! For the third year in a row we are honored to be named a finalist for the Arkansas Business Best Places to Work list. Every year we are very excited to be a finalist. We work hard all year, but take the time try to show our continued appreciation to our fantastic employees.

The Best Places to Work survey and awards program identifies, recognizes, and honors the best employers in Arkansas.  36 great Arkansas companies made this years’ list.

Companies from across Arkansas entered the two-part survey process to determine the Best Places to Work in Arkansas. The first part comprised evaluating each company’s workplace policies, practices, philosophy, systems, and demographics. This part of the process was worth 25% of the total evaluation. The second part comprised an employee survey to measure the employee experience and was worth 75% of the total evaluation. The combined scores determined the top companies and their final rankings. Best Companies Group manages the overall registration and survey process in Arkansas, analyzes the data, and determines the final rankings.

The employee surveys tell us what our employees think about our performance.  We can see what we do well and what could be done better. This is not only an award, but a tool we use to improve as a firm.

The winners in each category, large and small business, will be announced at an event in September and published in the September issue of Arkansas Business.

At Rainwater, Holt & Sexton our priority is our always our client.  Through the years we have learned that happy employees work hard for our clients.  For us it’s just another piece of what goes into running a client-focused law firm.

New Attorney – Shawn Rowland

by Richard Atkinson | July 25th, 2017

shawn rowland headshot

We would like to welcome Shawn Rowland who has joined our firm as an associate attorney. A 2016 graduate of the Bowen School of Law at the University of Arkansas at Little Rock, Rowland also received his MBA during his time in law school.  

Rowland is a native of Memphis, TN and attended Harding University in Searcy before attending the Bowen School of Law in Little Rock.  His work will be focused in our Social Security Disability department.

New Attorney – Randal Hobbs

by Richard Atkinson | July 24th, 2017

Randal Hobbs headshot

Attorney Randal Hobbs has joined Rainwater, Holt & Sexton as an associate attorney in the litigation department. He will focus on personal injury work.

Hobbs is a 2016 graduate from the Bowen School of Law in Little Rock. Before attending law school he graduated from the University of Arkansas at Monticello in 2005 and served in the Army where he deployed overseas multiple times. Now in the Army National Guard, Hobbs serves as a Blackhawk helicopter pilot.

Monthly Charity Winner – The Cure Starts Now

by Richard Atkinson | July 21st, 2017

The Cure starts here

The Cure Starts Now is our monthly vending machine charity winner. Voted on by staff, The Cure Starts Now is focused on exactly what its name says, finding a cure…now. The cancer research foundation raises funds not directed at ending one type of cancer, but focusing on finding the cure to all cancer. The cure they believe will come through a cure for pediatric brain cancers.

The Arkansas Chapter of The Cure Starts Now was started in memory of Maylea Estridge, who was diagnosed with a brain cancer in March of 2014. All the funds raised by the Arkansas Chapter and any other chapters go directly into cancer research and finding a cure now.

Our monthly charity giving is one of our favorite things to do. Each month employees nominate and vote on a charity in the community they would like to help. Throughout the month employees “donate” by buying snacks and drinks that the firm subsidizes. All the proceeds from the snacks are then matched by the firm. We are honored to have such great employees that not only pick out wonderful organizations, but also help by donating all month long.

Click on the icons to learn more about the recognition we’ve received for our high-quality legal service.