Little Rock Truck Accidents Involving Bad Weather
Arkansas Lawyers Serving Trucking Accident Victims in Little Rock
According to the United States Department of Transportation (DOT), approximately 5.7 million automobile accidents take place each year. Of those, 22% are the direct result of bad or inclement weather. Moreover, it is estimated that 6,000 or more people are killed each year due to crashes involving poor weather conditions. As such, interstate truck drivers have a heightened duty to drive safely when bad weather occurs and must follow inclement weather driving rules promulgated by the Federal Motor Carrier Safety Administration (FMCSA). If you have been involved in a truck accident involving bad weather, the Little Rock truck accident attorneys of Nahon, Saharovich & Trotz are available to evaluate your claim today and investigate whether the trucker’s conduct caused or contributed to the collision.
Being Made Whole After a Wreck with a Semi-Truck in Bad Weather
Commercial truck drivers, such as those who operate semi-trucks, 18-wheelers, tanker trucks, delivery vehicles, and more, must drive safely when bad weather presents itself. FMCSA regulations state that when driving through inclement weather, such as rain, ice, sleet, snow, or fog, the truck driver must exercise “extreme caution.” When bad weather is present, truckers should reduce speed, and if the weather becomes too dangerous to drive, discontinue operation of the truck until it can be safely driven.
Failure to follow FMCSA regulations and failure to drive reasonably under a certain set of circumstances usually equates to negligence. For instance, let’s say you are driving on Interstate 30 near Exit 140 downtown on an icy January morning. With these conditions, you slow down. If a dump truck driver decides to travel above the speed limit and crashes into the rear of your car, that driver can be held responsible for the wreck and your ensuing damages. If the driver was acting within the course and scope of employment, the employer can be deemed vicariously liable.
Under Arkansas law, an injured party typically has three years from the date of the accident to file suit or settle his or her claim with the defendant driver, trucking company, or both. Failure to do so within the applicable statute of limitation can bar the injured party from recovering compensation for his or her damages. It is important to hire an 18-wheeler accident attorney in the Little Rock area immediately after an accident to ensure that all your legal rights stay intact.
If you have been injured by the negligent driving of a truck driver, you may be entitled to recover certain damages for your losses. Truck accidents involving bad weather generally result in serious injuries. Many times, those injured in Pulaski County or nearby will have to be transported (or airlifted) by ambulance to medical facilities such as the University of Arkansas for Medical Sciences (UAMS) or Arkansas Children’s Hospital. Those that have been injured by a negligent truck driver are usually able to recover both their economic and non-economic damages. Economic damages consist of medical bills, lost wages, and other monetary out of pocket losses. Non-economic damages consist of pain and suffering, mental anguish, loss of enjoyment of life, and loss of consortium.
Speak with Our Trucking Accident Lawyers Today
Truck accidents involving bad weather are often catastrophic – but even more so when an 18-wheeler is involved. Due to a big rig’s immense size, it is often harder for those drivers to come to a complete stop in inclement weather, and if the driver is not following safety protocols, accidents may result. The attorneys at Nahon, Saharovich & Trotz have handled thousands of 18-wheeler wreck cases, and our firm has helped those injured in Little Rock, Jonesboro, Jackson, Chattanooga, Knoxville, Memphis, Nashville, Caruthersville, Hayti, Tupelo, Oxford, Starkville, Grenada, Columbus, Meridian, and other communities in Arkansas, Tennessee, Mississippi, Missouri, and Kentucky. When it comes to hiring a truck crash lawyer in Little Rock to fight against large trucking companies for your maximum compensation, NST is the way to go. Contact our office by calling 800-529-4004 or by completing our online form to set up a free consultation.
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.