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SETH A. WHITE SELECTED TO SERVE ON ATLA BOARD OF GOVERNORS

Northwest Arkansas law firm, Keith Law Group, congratulates attorney Seth A. White for being named to the Arkansas Trial Lawyers Association (ATLA) Board of Governors. Incorporated in 1963, ATLA has grown into an important, statewide voice that helps educated citizens about their legal rights. ATLA’s members are committed to improving the quality of legal representation for Arkansas families by providing information and by keeping abreast of legislative and judicial activities. The entire team at Keith Law Group celebrates this achievement and congratulates White for the well-deserved honor.

“I look forward to serving the families and people of the State of Arkansas through the position on the Board,” White said. “I was honored to be elected by my peers to this position and will do whatever I can to make Arkansas a safer place for its residents.”

White is a sixth-generation native of Northwest Arkansas who began his legal career working for large insurance companies in Little Rock. He represented defendants in civil trials across the state, obtaining favorable verdicts for his clients. Having worked closely with insurance companies, White decided he had an obligation to switch gears and assist people who were struggling to get fair treatment from the legal system. He now focuses his practice on motor vehicle accidents, nursing home abuse and neglect, drug and device injuries and more. He serves as Co-Chair of Protect AR Families (Benton County) and on the Arkansas Bar Association’s Board of Governors. He is also a member of the Rogers Downtown Rotary Club, Benton County Bar Association, and the American Association for Justice.

Keith Law Group is dedicated to providing the region’s best legal counsel for those dealing with harmful vehicle and pedestrian-involved accidents, insurance disputes, wrongful death, medical device and drug injury, nursing home abuse and more. The team at Keith Law Group congratulates White for the honor and is excited to continue working with him to provide the area’s best in legal counsel.

Call, text, or email us today to schedule your free, no obligation, consultation.

FAQs

It is not uncommon to ride in a friend or co-worker’s vehicle for a number of reasons. But what happens if you are a passenger in someone else’s car and get injured in a car accident?  

For example, you are driving back to Fayetteville after grabbing dinner in downtown Fayetteville with some friends. You hop in the passenger seat, and while your friend is driving down Interstate 49, they lose focus and hit a guard rail, totaling the car and leaving you with injuries. Who pays your medical bills?

In Arkansas, “insurance follows the car.” This meant that whoever is the owner of the vehicle, their car insurance is the primary insurance. Stated more simply, the owner of the car’s insurance would pay your medical bills.

Unfortunately, the owner of the vehicle may not have enough insurance coverage if you suffered significant injuries. When that occurs, then your own “underinsured motorist” insurance would pay the remainder of any bills or damages that you are owed from the car accident. As mentioned in prior posts, it is critical that you have good underinsured and uninsured coverage to protect yourself in case the person who is responsible for your accident has no insurance or not enough.

If you, or someone you know, has been injured as a passenger, please do not hesitate to give us a call at 479-335-1355, or visit our website at nwacaraccidentattorney.com.

When you have been involved in a car accident, hopefully there will be car insurance involved. Rest assured, if there is insurance involved, you will be called by an insurance adjuster. An insurance adjuster is a professional who works for the insurance company responsible for evaluating your claim.  

Insurance adjusters are professionals, they see car accidents every single day, and they work for a large corporate entity who has interests adverse to yours. Put simply, if an insurance company can pay less on an insurance claim, they make money. When dealing with a skilled professional (who has interests adverse to yours) it is always important to make sure you hire an attorney well versed in car accident cases.  

The reality is that sometimes it takes time to find the right lawyer. Maybe you are waiting for a friend to send you the information of an attorney they trust, or maybe you have not had the chance to Google Northwest Arkansas car accident attorneys and make a decision. During that time, you will still likely be contacted by an insurance adjuster.  

When you are contacted by an adjuster, you should inform them that you are in the process of finding an attorney. You should also inform them that you will not give them a recorded statement. Any recorded statements should always be made in the presence of your attorney, who will be there in case the adjuster tries any funny business. Lastly, you should not discuss your injuries with the adjuster in any manner. Be smart and don’t give the insurance company any unnecessary help in their effort to reduce your claim.  

If you, or someone you know, has been injured in a car accident in Northwest Arkansas, please meet one of our attorneys. We are just a call away at 479-335-1355, or you can initiate contact via our website, nwacaraccidentattorney.com.

The short answer is no—but if it does, you should start shopping around for a new insurance company. Most insurance companies will not increase your rates after you are involved in a car accident that it is not your fault. The reason that they will likely not increase your rates is pretty simple—it makes business sense. You have done nothing wrong that would indicate to them that you are a now a higher risk to insure.  

Think of it this way: You spend your whole life, never get a single speeding ticket, and then one day you are driving around Northwest Arkansas and you are hit by someone who flew through a red light. The other driver did not have insurance, and you had to file an uninsured motorist claim. Even with that claim, nothing in YOUR driving history would suggest that you are a higher risk to cover from an insurance perspective. You are a still the same good driver, which makes you a desirable client. Your rates should not increase, because insurance companies want to insure good drivers.   

In contrast, if that same person were to get a speeding ticket for going 100 mph in a school zone. That person has now become a higher risk to insure, so it makes business sense to charge them more for insurance. That driver has become a less desirable client, so if the insurance company chooses to keep covering that person—the insurance company will want that person to pay more because they are now a bigger risk.   

While many insurance companies do not increase rates following a wreck that is not your fault—some do. If you happen to find yourself dealing with an insurance company like this—switch insurance companies. You have done nothing wrong, and now they want to make YOU pay for it? Leave that insurance company behind, because there are plenty more excited to insure good drivers.  

If you, or someone you know, has been injured in a car accident, please meet one of our attorneys. We are just a call away at 479-335-1355, or you can initiate contact via our website, nwacaraccidentattorney.com.

Probably one of the most common questions we get from potential clients is: “What is my car accident case worth?” Or similarly, “is my car accident case worth enough that I need an attorney?” The answer to that question is easy: if an attorney believes they can tell you the value of a case right after a car accident—they are not a very good attorney.  

The reality is that car accident cases are unique because they are about people. People are different. Every single one of them. So, what happens to one person may not happen to another. Injuries have a way of effecting everyone in a different manner. For example, construction worker with a broken foot may miss weeks or months of work, while a person with a sedentary job maybe able to go back to work the next week in a boot. Same injury, different people, different case values.  

That is why at the Keith Law Group, we never evaluate a case’s value until the client is done treating and fully healed. This allows us to look at ALL of the evidence available and determine how we can tell your story to maximize the value of your case. Any attorney can settle a $200,000 case for $50,000—you need an attorney that will look at all of the evidence available and make sure that $200,000 case gets its appropriate value by utilizing all of the evidence.  

If you, or someone you know, has been injured in a car accident in Northwest Arkansas, please meet one of our attorneys. We are just a call away at 479-335-1355, or you can initiate contact via our website, nwacaraccidentattorney.com.

Think of it this way: You spend your whole life, never get a single speeding ticket, and then one day you are driving around Northwest Arkansas and you are hit by someone who flew through a red light. The other driver did not have insurance, and you had to file an uninsured motorist claim. Even with that claim, nothing in YOUR driving history would suggest that you are a higher risk to cover from an insurance perspective. You are a still the same good driver, which makes you a desirable client. Your rates should not increase, because insurance companies want to insure good drivers.   

In contrast, if that same person were to get a speeding ticket for going 100 mph in a school zone. That person has now become a higher risk to insure, so it makes business sense to charge them more for insurance. That driver has become a less desirable client, so if the insurance company chooses to keep covering that person—the insurance company will want that person to pay more because they are now a bigger risk.   

While many insurance companies do not increase rates following a wreck that is not your fault—some do. If you happen to find yourself dealing with an insurance company like this—switch insurance companies. You have done nothing wrong, and now they want to make YOU pay for it? Leave that insurance company behind, because there are plenty more excited to insure good drivers.  

If you, or someone you know, has been injured in a car accident, please meet one of our attorneys. We are just a call away at 479-335-1355, or you can initiate contact via our website, nwacaraccidentattorney.com.

A motor vehicle collision is a serious and traumatic experience that can significantly disrupt the flow of everyday life. Your car may be totaled or in the shop. Insurance adjusters are calling you non-stop. Meanwhile, you are trying to figure out how to get to work and make sure your loved ones are taken care of.  

In that situation, it is very common to overlook injuries from a car accident. That is particularly true when the injury is serious, but it does not necessarily require immediate, emergency medical attention. It is fair (and again common) to take a few over the counter medications and fight through the pain.  

While this approach is understandable, it may not be what is best for your long-term health. You only get one life to live—and one body to live that life with. Taking care of your body and mind is the most important thing someone can do after a car accident. While it is sometimes hard to find the time or ability to visit your doctor after a car accident, it is extremely important that you go see your doctor.   

Visiting your doctor provides the opportunity for a thorough examination by a medical professional—allowing them to discover underlying issues you may simply refer to as pain (mild disc bulge, joint impingement, etc.)—or in the alternative, your doctor can give you peace of mind knowing that those possibilities have been ruled out.  

If you, or someone you know, has been injured in a car accident in Northwest Arkansas, please meet one of our attorneys. We are just a call away at 479-335-1355, or you can initiate contact via our website, nwacaraccidentattorney.com.

When it comes to car accidents, insurance companies seek to delay, deny, and discount claims as much as possible. Through the years, they have become more and more creative in obtaining information towards that effort. Specifically, they have invested time and money in to obtaining information directly from injured persons. In many instances you may not even realize what is happening.  

Now, more than ever, our lives are on social media, and insurance companies and insurance attorneys are utilizing legal grade capture software. These software programs can be unleashed on any public social media outlet, and they retain all of your information (including the metadata)—and they still have it even you happen to delete it. Not only can they run this software on your social media, but they can also use it on your friends, family, and co-workers.  

The purpose of obtaining all of the information is to find any type of information that can be used to discount your car accident claim. Recovering through a serious injury, but decide to get one day this summer with your grandson to see him fish? Post that selfie on social media—all of sudden you are characterized as a lithe, happy fisherman. And we all know a picture is worth a thousand words, right?  

It is sad that insurance companies have taken it to this point, but people who are hurt in car accidents have to be extremely careful about what content they post on social media (and may be best to abandon it entirely for the length of your case). If you or someone you love has been injured in a car accident—be wary of social media.

Insurance should be simple: you purchase insurance from a reputable insurance company in order to protect yourself, your family, and/or your property—and when it comes time to use the insurance you purchased, that insurance company honors their agreement. If only it were that simple.  

Unfortunately, many insurance companies do not do what is right and honor valid claims. They may do so in the form of an outright denial or explanation, or more common, they may engage in severely discounting the evaluation of a valid claim. These types of bad faith insurance practices can create situations where a person may end up in a dispute with their own insurance company. Indeed, some particular insurance companies may routinely delay, deny, and defend against valid claims, unless the policyholder seeks legal action.  

Whether it is car insurance, health insurance, homeowner’s insurance, or professional liability insurance—the attorneys at Keith Law Group are well versed in handling all types of insurance disputes. Sean T. Keith is a nationally recognized trial attorney that has dealt with these types of insurers for over 25 years, and Seth A. White began his legal career as an insurance defense attorney—and through that experience—has developed a true passion for holding bad insurers accountable.

 

 

When trucking accidents occur, the employer of the driver may be responsible for any injuries or damages that result from the wreck. This is based upon the idea that an employer who is sending out employees on our roadways (for that employer’s own financial gain), should take responsibility when an accident occurs. However, there are some potential hurdles and pitfalls when it comes to holding a trucking company accountable for any injuries or damages that they may have caused.  

The first significant hurdle is that it must be proven that the truck driver is actually an employee of the company—and not an independent contractor. Trucking companies are generally not liable when independent contractors cause the accident. Speaking broadly, if the trucking company only controls the results of the driver’s work (and not the driver himself), then the driver is likely an independent contractor. 

For illustration, if the driver was using his own truck, paid for his own insurance, bought his own fuel, and had no employee benefits (like health insurance), then he is likely a private contractor.  

Even if the driver is definitely an employee of the trucking company, there is a second hurdle for holding the trucking company accountable. That second hurdle is determining whether the driver was acting “within the scope of his employment.” In simple terms, this means that the driver must essentially “doing his job” as directed by the company. 

Let’s say Company X directed their driver to go from Fayetteville to Bentonville on Interstate 49. During that trip, he failed to observe another vehicle braking, could not stop in time, and caused a collision. In that scenario, the driver was acting within the scope of his employment and Company X is responsible. 

However, let’s assume those same instructions were given to the same driver—BUT he ends up in a trucking accident in Siloam Springs while pulling out of the casino. In that instance, it is likely that the driver was not working within the scope of his employment, and it may be harder to hold the trucking company responsible. 

If you, or someone you know, has been injured in a trucking accident accident that may involve employer liability, please do not hesitate to give us a call at 479-335-1355, or visit our website at nwacaraccidentattorney.com.

1. Do Your Homework  

In the digital age, there is no excuse not to obtain a wealth of information about your attorney. Skilled and successful attorneys will have thorough websites detailing the nature of their practice, their experience, and even some personal information. Websites are a great way to figure out if an attorney is experienced in the area you need help with, and they also allow you to examine the success of that attorney.  

While websites are great, it is also helpful to find a less biased source of information. Google reviews are a great source of information when evaluating an attorney. By looking through Google reviews, you can learn about the experience that others in the exact same situation had with this attorney. This source of unbiased information is critical in determining which attorney to reach out to.  

2. Understand the Nature of Your Agreement

If you do find a specific attorney you like, understand the nature of your agreement with the attorney. There are the basics: How is that attorney going to get paid? How are expenses paid? But there are more nuanced questions that must be addressed, for example: How can you help the attorney win your case? What information can you look in to? Do you keep talking to the insurance company?  

These questions are valid and important concerns that must be addressed to help both client and attorney effectively pursue the case.  

3. Trust Your Attorney

You have done your homework, you understand your agreement with your attorney, know is the time to listen to their professional advice and direction. You are in this fight together, usually against bigger powers than yourselves. Believe in your attorney and do not hesitate to disclose any information you may think help him or her with your case.  

If you, or someone you know, has been injured in a trucking accident that may involve employer liability, please do not hesitate to give us a call at 479-335-1355, or visit our website at nwacaraccidentattorney.com.

1. Remain at the scene and call the appropriate authorities. 

If you learn one thing from this post—do not leave the scene of the collision. No matter how inconvenient, no matter what else is going on with your schedule, Arkansas law requires that you stay at the scene of the collision. Specifically, Arkansas law states that drivers have a duty to remain at the scene, give information and facts to any reporting officers, and when appropriate, render aid. Ark. Code Ann. § 27-53-103. If you choose to ignore this rule it could have criminal implications, but more importantly, it could end up leaving an injured person in a dangerous and unsafe situation. No matter where you are in Arkansas—Fayetteville, Rogers, Bentonville, Springdale, Siloam Springs—you have a duty to follow this law in the State of Arkansas. 

You should always make an effort to speak with any drivers, pedestrians, or passengers who are involved in the situation. If any of those people may appear physical injured or mentally confused/dazed—call 911 and request an ambulance. 

Even if injuries are not readily apparent due to your adrenaline, you should call the police to the scene of the collision. This is important because liability insurance companies require lots of information when evaluating responsibility and claims. Police officers are trained to assess motor vehicle accidents and to determine liability. A police report can be extremely helpful when dealing with an insurance company—particular when the negligent person has a different story than what really happened. Moreover, the police officer will make sure to retain and obtain every one’s insurance information. 

2. Take photographs. 

A picture is worth a thousand words—but when it comes to car accidents—they may be worth ten thousand words. For someone who was not involved in a car accident, it is often difficult to understand what it must have been like for the people involved. The words and statements of those people are helpful, but pictures educate and inform police officers and insurance adjusters as to the nature and severity of the accident. 

3. Don’t talk with the insurance company by yourself. 

Insurance companies exists to make a profit, and their motivation is the bottom line—not fairly compensating a person who has been injured or lost their vehicle. They have skilled, experienced, individuals that are well aware of that bottom line. They handle car accidents every day, may be desensitized to car accidents, and they know things you don’t. When faced with negotiating with such a business, it is important to have someone just as informed and skilled in your corner. 

If you, or someone you know, has been injured in a car accident, please meet one of our attorneys. We are just a call away at 479-335-1355, or you can initiate contact via our website, nwacaraccidentattorney.com.