At Bautista LeRoy LLC, we hear from injured Arkansans, around Bentonville and Little Rock, every week who made decisions in the hours and days after their accident that seriously hurt their ability to recover the compensation they deserve. The moments following a car wreck or serious injury are chaotic, painful, and overwhelming. You may not know where to turn or what to do first. But what you do — and what you do not do — in those first 72 hours can make a tremendous difference in the outcome of your case and how much money you can recover.

Arkansas law gives its citizens injured in a car wreck important rights, but those rights have deadlines, procedural requirements, and legal nuances that insurance companies understand far better than the average person. That is exactly why having experienced attorneys from the very beginning matters. Below, our attorneys have drafted some guidelines, to walk you through the critical steps every injured person should take in the first 72 hours after an accident or injury in Arkansas.

1. Seek Medical Attention Immediately

Your health comes first. Nothing is more important than your health and getting the treatment you need. Even if you believe your injuries are minor, seek medical attention as soon as possible. Many serious injuries, including traumatic brain injuries, concussions, whiplash injuries, internal bleeding, spinal damage, and soft tissue injuries, may not present obvious symptoms right away. Adrenaline and shock can mask pain in the hours following an accident. We tell all out clients it is always better to get checked out, rather than try to tough it out and risk further injury.

From a legal standpoint, seeking prompt medical care is equally important. Insurance companies routinely use gaps in medical treatment to argue that your injuries were not serious or were not caused by the accident. If you wait days or weeks before seeing a doctor, the at-fault driver's insurance company will use that delay against you. A documented medical record beginning as close to the time of the accident as possible is one of the most powerful tools in building you case. Follow-up treatment and following your doctor's orders is a close second.

2. Report the Accident to Law Enforcement

In Arkansas, you are required to report a car accident if it results in injury, death, or significant property damage. Under Arkansas Code § 27-53-101, drivers involved in accidents resulting in injury or death must immediately notify law enforcement. 

Even in accidents that fall below this legal threshold, we advise all our client to file a police report. A police report creates an official record of the accident, documents the scene, identifies all parties, and often includes the officer's initial assessment of fault. Most Insurance companies and courts give significant weight to police reports. Without a police report, you may face a “he said, she said” situation that weakens your claim against the at fault driver. Always insist that police respond to the scene and generates a report. If the police cannot respond then walk in to the closest police station and file a police report.

3. Document Everything at the Scene

If you are physically able to do so safely, gather as much documentation as possible at the accident scene. In today's world, most people have a smartphone with a camera. Use it. Take photographs and videos of the vehicle damage, road conditions, skid marks, traffic signs, injuries, and anything else relevant to what happened. Get the names, contact information, and insurance details of all drivers involved. Identify and speak with any witnesses before they leave the scene, get their phone numbers if possible.

All of the documentation you gather can become evidence to support who is at fault for the wreck. Evidence disappears quickly in a lot of cases, street light surveillance footage gets overwritten, witnesses become difficult to locate, and road conditions change. The more you capture in the immediate aftermath, the stronger your case will be against the at fault driver.

4. Be Careful What You Say — To Anyone

This is one of the most important and most overlooked pieces of advice we give at Bautista LeRoy LLC. After an accident, you may feel the urge to apologize, explain yourself, or minimize what happened to the other driver or the police. Do not! Even an innocent comment like “I'm fine” or “I'm sorry” can be used against you later to reduce or deny your claim for injuries.

When speaking with the other driver, exchange necessary information but do not discuss fault. When police arrive, cooperate and answer their questions honestly and factually but do not speculate about what caused the accident. Most importantly, do not speak with any insurance adjuster of the other driver, before consulting with one of our attorneys. Every insurance adjuster is trained to ask questions designed to reduce the value of your claim. Statements made in the hours after an accident, when you are disoriented and in pain, can seriously damage the value of your case.

5. Notify Your Insurance Company, But Keep It Brief

Arkansas law and most insurance policies require you to notify your own insurance company after an accident within a reasonable time. Failure to do so can jeopardize your right to benefits, including uninsured motorist (UM) and underinsured motorist (UIM) coverage under Arkansas Code § 23-89-209. This coverage exists to protect you when the at-fault driver does not carry enough insurance to fully compensate you for your injuries. In Arkansas, we have found that many drivers carry only the state minimum amounts, required by law.

Note there is a difference between notifying your insurance company and giving a full recorded statement. Report the accident, provide basic facts, and let your insurer know you were injured. Then stop and let them know you will get back to them shortly. Tell them you will be consulting with an attorney before providing any further information. This protects your rights while still fulfilling your obligations under your policy.

6. Contact an Experienced Arkansas Injury Attorney Right Away

In the first 72 hours after a car wreck contact an experienced personal injury attorney. Arkansas law has strict deadlines that govern injury claims. Under Arkansas Code § 16-56-105, the statute of limitations for most personal injury claims in Arkansas is three years from the date of injury. While three years may sound like a long time, critical evidence disappears, witnesses' memories fade, and insurance companies begin building their defenses the moment an accident occurs. You need someone on your side to fight for you.

At Bautista LeRoy LLC, we will begin working immediately to protect your rights. Our staff will investigate the accident, gather evidence, identify all available insurance coverage, communicate with insurance companies on your behalf, and make sure no deadlines are missed. You focus on recovering from your injuries and getting your life back on track, we handle everything else.

Why the First 72 Hours Are So Critical in Arkansas Injury Cases

Insurance companies do not wait. The moment an accident is reported, the at-fault driver's insurer begins its own investigation. Adjusters are dispatched, surveillance footage is requested, and witness accounts are gathered — all with the goal of minimizing what the insurance company pays out to those people who its insured injured. If you are not equally aggressive about protecting your interests from the very beginning, you are already behind and you risk devaluing your claim.

Arkansas courts have consistently held that injured parties bear the burden of proving the extent of their damages. That means medical bills, lost wages, pain and suffering, future medical needs, and diminished quality of life all have to be documented, supported, and presented in a way that satisfies Arkansas law. This is not something you should try to navigate alone while recovering from serious injuries.

Many of our clients come to Bautista LeRoy LLC, after they have already made mistakes in those early hours and days — given recorded statements, signed documents, or accepted early settlement offers that did not reflect the full extent of their injuries. We do everything we can to help those clients, but the reality is that early mistakes are difficult and sometimes impossible to undo. That is why we strongly encourage anyone injured in a car wreck in Arkansas to call us before doing anything else.

Call Bautista LeRoy LLC in Bentonville, at 1-479-208-6614.

If you or a loved one has been injured in a car wreck or accident in Northwest Arkansas, do not wait. The clock is running. At Bautista LeRoy LLC, our attorneys work hard to make sure our clients understand their rights and what steps they need to take to maximize their recovery. We will handle the legal fight so you can focus on healing.

From our Bentonville office, Bautista LeRoy LLC represents injury victims across Arkansas in car wrecks, trucking accidents, nursing home abuse, and complex insurance disputes. We know how insurance companies operate, and we know how to hold them accountable when they fail to fairly compensate our clients.

Call Bautista LeRoy LLC today at 1-479-208-6614.