Jonesboro Truck Driver Fatigue
Attorneys Advocating for Victims Injured by Commercial Trucks in Jonesboro
Fatigue is a problem that plagues thousands of drivers throughout the United States every day. Drivers of commercial trucks are especially prone to truck driver fatigue due to the length of their routes and their frequent travel. The Federal Motor Carrier Safety Administration (FMCSA) has regulations in place that are designed to prevent truck drivers from working too many hours at a time and becoming too tired to properly operate their vehicles, but those regulations are not always followed. When that happens, the overworked drivers become increasingly fatigued, which increases the chances that they will be involved in an accident. If you have been injured in a truck accident involving driver fatigue, seek advice from the experienced Jonesboro truck accident lawyers at Nahon, Saharovich & Trotz.
Building Your Case Against a Fatigued Truck Driver
Truck driver fatigue is a much more dangerous problem than most realize. A driver who is fatigued experiences impairment to their concentration, cognitive abilities, and reaction time. If the driver is fatigued enough, the impairment can be on par with that caused by consuming alcohol or drugs. Given the immense size and weight of most commercial trucks, a fatigued truck driver can be an extreme danger to other motorists on the road.
In order to recover damages for trucking accident injuries, you will usually need to show that the truck driver was negligent in causing your injuries. This will require you to find proof sufficient to establish the legal elements of negligence under Arkansas law: duty, breach, causation, and damages. For instance, if a truck driver ignored federal hours of service rules and drove for 20 hours within a 24 hour period, he or she would be less likely to react appropriately to a car slowing down ahead of the truck than another driver who had received proper rest. If the trucker brakes suddenly and jackknifes as a result of being too tired to notice the other car, negligence may be established for the trucker disregarding the hours of service guidelines.
Finding proof that the truck driver was fatigued at the time of the accident will bring you much closer to establishing your negligence claim against the truck driver, as a jury would likely find the driver negligent for operating the truck in that condition. An attorney who is experienced in handling truck accident cases in Jonesboro can investigate the facts of your accident and help you build your case against the truck driver and trucking company. For example, your attorney could obtain the police report of the accident, talk to any known witnesses, and send letters to the trucking company to ensure that important evidence is preserved. If further evidence is needed, additional steps can be taken such as obtaining the truck driver’s log books and other documents that the driver and the trucking company are required to maintain under federal regulations. By consulting with a knowledgeable accident attorney, you can ensure that no stone is left unturned.
Discuss Your Truck Accident Case with an Experienced Jonesboro Attorney
If you have been injured in an accident caused by truck driver fatigue, the Jonesboro attorneys at Nahon, Saharovich & Trotz want to assist you in pursuing your claims against the responsible parties. Our attorneys advocate for the rights of accident victims in cities across the South, including Jonesboro, Little Rock, Knoxville, Nashville, Chattanooga, Memphis, Jackson, Oxford, Meridian, Tupelo, Starkville, Grenada, Columbus, Caruthersville, Hayti, and other cities throughout Arkansas, Tennessee, Mississippi, Missouri, and Kentucky. Schedule your free consultation with a truck crash lawyer today by calling 800-LAW-4004 or by filling out our online form. Let us show you why NST is the way to go.
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.
Consult a Personal Injury Lawyer in Memphis or the Surrounding Regions
If you are dealing with a devastating injury or medical condition, the Memphis personal injury attorneys at Nahon, Saharovich & Trotz can evaluate and explain your options. Our firm has 30 attorneys and more than 100 staff members, and we serve injured people in many areas of Tennessee, Mississippi, Arkansas, Missouri, and Kentucky, including Memphis, Nashville, Knoxville, Chattanooga, Jonesboro, Little Rock, Jackson, Meridian, Tupelo, Columbus, Grenada, Starkville, Oxford, Hayti, and Caruthersville. Contact our office toll-free by calling 800-529-4004 or by completing our online form to set up a free consultation with a personal injury, workers’ compensation, or Social Security Disability lawyer. Once you have learned more about our vigorous advocacy for the rights of the injured, you will realize that NST is the way to go.