The big mistake is waiting for an insurance adjuster and assuming this works like a normal crash claim. With a government-owned road in Arkansas, the first job is figuring out who controlled that road before the hazard gets patched and the records disappear.

If the wreck was on a Bentonville city street, act now with the City of Bentonville. If it was on a county road, it may be Benton County Road Department. If it was on a state highway like AR-102, AR-72, or near an I-49 connection, it may be ARDOT. That one detail changes everything.

For an Arkansas state agency, you usually do not sue in regular court for negligence. Claims against the state typically go through the Arkansas State Claims Commission because of sovereign immunity. For a city or county, Arkansas Code § 21-9-301 gives broad tort immunity, but there can be limited paths involving insurance coverage, especially if a government vehicle was involved. A road-defect case is not handled the same way as an ordinary wreck.

Do this immediately:

• Take photos and video of the hazard, skid marks, heat-buckled pavement, missing signs, and the exact location.
• Get the police report number and names of every officer and witness.
• Save your child's ER records, discharge papers, bills, and mileage to appointments.
• Send a written notice and evidence-preservation request now to the city, county, or ARDOT office that controls the road.
• Ask for any maintenance logs, prior complaints, work orders, and incident reports for that stretch of road.

Arkansas personal injury claims are often subject to a 3-year limit, but government claims can get derailed long before that by immunity rules, the wrong filing route, and lost evidence. In Bentonville, that matters fast - especially after 100°F summer pavement failures or storm-damaged roads during tornado season.