Little Rock Truck Accidents Involving Alcohol and Drug Use
Big Rig Crash Lawyers Serving Little Rock and Central Arkansas
Everyone has heard that buzzed driving is drunk driving. Despite heavy media attention across the United States to limit impaired driving, in over 33% of all auto accidents, alcohol or drug use is a factor. As dangerous as impaired driving continues to be, the dangers escalate when a big rig truck is involved. Commercial truck drivers are under immense pressure to make their deliveries on time and to make as many deliveries as possible and some, unfortunately, turn to drugs or prescription medication thinking it will help them stay alert. However, impaired driving is consistently linked to negative side effects such as driver fatigue, vision impairment, and lowered reaction times. The Little Rock truck accident attorneys of Nahon, Saharovich & Trotz have been representing those injured in truck accidents involving alcohol and drug use for over 30 years. With a team of over 30 attorneys and of over 120 support staff members, NST has the resources to battle big trucking companies and provide each of our clients with the individual attention they deserve.
Get Legal Help After a Truck Accident Involving Alcohol and Drug Use
It is against the law of all states for any driver to drive while intoxicated, and under Arkansas law, drivers may not operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. However, commercial truckers are also subject to federal regulations and held to a higher standard. Pursuant to the Federal Motor Carrier Safety Administration (FMCSA), truckers are considered to be driving under the influence if they have a BAC of 0.04% or above. Driving while impaired is usually considered as a failure to drive safely and almost always will be enough to prove the driver acted negligently under the circumstances.
Not only could the impaired truck driver be held responsible for a truck accident involving alcohol and drug use, but the trucking company could be as well. The FMCSA expects employers to conduct extensive background checks on all drivers during the hiring stage. If a driver has a history of driving while intoxicated or substance abuse, the employer could be held directly liable for that driver causing a wreck while driving drunk. Additionally, if the impaired driver was acting in the course and scope of his employment when the accident happened – even if the employer followed all the proper protocol in hiring the driver – the employer could be held vicariously liable for the driver’s negligence. There are many moving parts to a trucking accident case, with the possibility of multiple defendants and theories of liability.
For example, if a truck driver veers into your lane and strikes you head-on while you are on your way to the Bill and Hillary Clinton National Airport at 1 Airport Drive, Little Rock, AR 72202, and the truck driver is in the midst of making a delivery to a local business, the employer could be held responsible for the damages you suffered since the wreck occurred during the course and scope of employment. Generally, injured parties can recover both economic and non-economic damages after an accident. Economic damages are more objective losses (medical bills, lost wages, property damage, etc.) whereas non-economic damages are more subjective losses (pain and suffering, emotional distress, etc.). Furthermore, when drugs and alcohol are involved, a skilled truck accident lawyer in the Little Rock area will know that punitive damages can be pursued to punish the defendant for such egregious conduct.
Retain a Knowledgeable Little Rock Lawyer Today
Driving while impaired or with a BAC above the legal limit is against the law – period. With the immense size and weight of a big rig, the damages that result are often catastrophic. Many times, the occupants of the smaller vehicle are left with disabling injuries that could affect them for a long time after the collision. At Nahon, Saharovich & Trotz, our personal injury attorneys serve injured victims in Little Rock, Jonesboro, Memphis, Nashville, Knoxville, Chattanooga, Tupelo, Jackson, Meridian, Columbus, Grenada, Starkville, Oxford, Hayti, Caruthersville, and other communities in Arkansas, Tennessee, Mississippi, Missouri, and Kentucky. Call our office toll-free at 800-529-4004 or complete our online form to schedule a free consultation with one of our semi-truck collision attorneys. With our experience, resources, and commitment to our clients, 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.