Jonesboro Fatal Car Accidents
Once you get behind the wheel, it is important to exercise prudence and common sense to prevent accidents from occurring. Taking all necessary precautions will help prevent innocent people from getting seriously injured. Unfortunately, fatal car accidents continue to occur. These wrecks can almost always be prevented by taking basic safety measures and paying attention to one’s surroundings.
Losing a loved one is never easy, emotionally or financially. If you lose a loved one in a car wreck, you should have experienced legal representation on your side to guide you through the process. The Jonesboro car accident attorneys at Nahon, Saharovich & Trotz have represented surviving loved ones for more than 30 years.
Fatal Car Accidents
In 2014, there were 470 crash-related fatalities in Arkansas, with six occurring in Jonesboro, per the Arkansas State Police Highway Safety Office. A major cause of fatal car accidents is alcohol and drug use. Data shows that drugs or alcohol were a factor in 44% of fatal wrecks in Arkansas in 2014, compared to the national average of 40%.
Asserting a Wrongful Death Claim in Arkansas
Under Arkansas law, a deceased person’s claim for negligence can survive his or her death. This means that the deceased’s personal representative and/or heirs may assert the claim against the responsible party or parties. Beneficiaries may include the surviving spouse, children, father, mother, brothers, and sisters of the deceased.
To recover damages following a fatal car accident in Jonesboro, the defendant’s negligence will need to be established. This can be accomplished by proving that the defendant driver drove in an unsafe manner or violated a traffic or safety law. Common examples of negligence include drunk driving, making an illegal turn, speeding, and texting while driving.
A fatal car accident attorney in Jonesboro can assist you in gathering the proof needed to satisfy the elements of negligence under Arkansas law. It is important to speak with witnesses as soon after the collision as possible before their memories begin to fade as to what happened. If the defendant was charged with driving under the influence (DUI), evidence from that person’s criminal case, including blood testing results, could be used in your civil case for monetary damages. To prove that another driver was texting while driving, cell phone records can be obtained through discovery.
Expert proof may be required to prove certain elements of damages, another aspect of your case in which a skilled lawyer can be of value to you. After a fatal car accident, there will likely be medical bills incurred by the deceased in addition to funeral and burial expenses. Lost wages may come into play, depending on the deceased’s employment status, age, education, and work experience. Losing a loved one will always produce significant emotional distress and pain and suffering. These are examples of non-economic damages that may be recovered.
Speak with an Experienced Jonesboro Lawyer
If a loved one has passed away due to another driver’s carelessness, Nahon, Saharovich & Trotz can explain your legal rights under Arkansas law and standing to assert a claim. Our truck and auto accident attorneys understand special considerations must be taken into account following a fatal car accident, including Arkansas’ wrongful death statute.
To understand why NST is the way to go, contact our office by completing our online form or call 800-LAW-4004. We represent people injured in Jonesboro and throughout Arkansas.
Most car accidents are preventable and occur as a result of errors by one or more drivers. To prove liability, you will need to establish by a preponderance of the evidence that the driver owed you a duty of care, which was breached, and that your injuries resulted from the driver’s carelessness. Damages that may be available in these cases often include medical expenses, lost income, mental anguish, loss of consortium, and pain and suffering.
Truck drivers are required to follow numerous detailed regulations, including rules related to hours of service, keeping a logbook, and maintenance procedures. Many of these regulations are intended to protect other people on the road from harm. In some states, if a driver violated a law that was enacted to protect the public, the violation can create a rebuttable presumption of negligence. Trucking companies are also required to follow a number of regulations, including rules related to background checks of drivers and proper supervision. They often may be held directly or indirectly liable for a truck accident.
The Social Security Administration (SSA) evaluates applications for disability benefits. Although many people pay into this system throughout their lives, many legitimate claims are initially denied, and this process may be less straightforward than claimants expect. The SSA uses a five-step sequential evaluation to determine whether to grant benefits to an applicant. Each step is considered in a set order. We can present your case in a persuasive manner and help you appeal a denial of a meritorious claim if needed. This could include representing you in a hearing before an administrative law judge.
Workers’ compensation functions slightly differently in each state. In Tennessee, for example, businesses that employ five or more employees must carry workers’ compensation insurance. If you are injured on the job, you may recover benefits, such as medical costs and disability. Neither your employer’s nor your own culpability for your injuries will prevent you from collecting these benefits. However, it may still be a struggle to obtain benefits from your employer’s insurer. We can help you navigate this challenging process.
If you were harmed by a health care professional’s failure to use the appropriate level of care in providing treatment to you, you may be able to recover compensation. Most medical malpractice lawsuits require retaining an expert to determine the accepted standard of care and explain what the defendant did that fell short of this standard, as well as how the inappropriate conduct caused the patient’s injuries.
When you buy a toy, car, medication, or other product, you do not expect to be hurt. If you are injured, you may have grounds to file a product liability lawsuit. There are three types of defects that may be actionable: manufacturing, design, and marketing (also known as failure to warn). Manufacturers may be held accountable under multiple different theories, including strict liability, negligence, breach of warranty, and concealment. For example, if you take a drug that causes you to develop cancer, but you were not told that a potential side effect of the drug was developing cancer, you may have grounds to hold the manufacturer strictly liable for its failure to warn you of the risk.
Nursing home residents are often elderly or disabled, and thus they are especially vulnerable to neglect, physical abuse, and exploitation by staff members. Unfortunately, many nursing homes are understaffed or employ staff members who are inadequately trained to deal with potentially frustrating situations. Nursing homes are required to protect their residents from physical, mental, and emotional harm by providing a safe environment, as well as adequately training and supervising staff. A failure to do so may be grounds for a nursing home negligence lawsuit for damages.
Property owners have a duty to keep their property reasonably safe. In most situations, this includes an obligation to inspect the property for dangerous conditions and fix them or provide warnings about them so that visitors are not harmed. One type of dangerous condition, which may present a particular problem in apartment complexes or shopping centers, consists of inadequate security measures such as broken locks, poor lighting, or a lack of security guards. A failure to take security measures when appropriate may allow third-party criminals to assault, rob, rape, or otherwise harm visitors and tenants. You may be able to recover damages if you can prove that the defendant knew or should have known about a history of attacks similar to yours and taken appropriate security measures to reduce the risk of further incidents.
TYPES OF ACCIDENTS
Our firm represented a sixty one year old woman who suffered catastrophic injuries in an automobile wreck caused by an industrial forklift. As a result of this violent collision, our client sustained a traumatic brain injury and debilitating permanent and life changing abdominal injuries.