Little Rock Truck Driver Fatigue
Big Rig Wreck Lawyers Serving the Little Rock Area
Truck drivers are expected to be alert and aware of their surroundings at all times when they are driving large commercial trucks. The stakes are too high for them not to be. If a truck driver was to drive while fatigued, he or she could possibly doze off for a second or two here and there. While that may not seem like a big deal to some, it actually is a very big deal. All it takes is one moment of inattention for a truck driver to flip his or her vehicle and possibly collide with multiple vehicles across multiple lanes of traffic. If you or a loved one has suffered injuries from a trucking collision caused by truck driver fatigue, you should contact the Little Rock truck accident attorneys of Nahon, Saharovich & Trotz to discuss your case and see how we may be able to help you. We are a large regional personal injury law firm, having fought for the rights of injured victims for more than 30 years.
Recovering Fair Compensation After a Truck Accident Caused by Truck Driver Fatigue
Driver fatigue is an issue for all drivers. Research shows that being awake for 18 hours is comparable to having a blood alcohol concentration (BAC) of .08%, which is the level of intoxication under Arkansas law. Truckers are not immune to this – the Federal Motor Carrier Safety Administration (FMCSA) has reported that nearly 25% of commercial truck drivers have experienced at least one type of driving error due to fatigue.
In Pulaski County, you could be driving along Interstate 30 and find yourself driving next to a tanker truck. Upon further examination, you notice the tanker truck’s driver seems to be nodding off – his eyelids incessantly trying to shut. Before you know it, the tanker truck has veered into your lane and collided with your vehicle, running you through the guard rail and off the interstate. As a result of the collision, you could sustain significant injuries, which may include head trauma, skull fractures, spinal cord injuries, broken bones, lacerations, and more.
If your injuries are visibly severe, the truck driver may panic and suggest that you are partially (or entirely) to blame for the collision. Since the State of Arkansas operates under the doctrine of modified comparative negligence, your recovery could be reduced by the percentage of blame attributed to you by a jury. If your portion of fault is deemed to be 50% or higher, however, you could be barred from your recovery altogether. A knowledgeable trucking accident lawyer in Little Rock could defend you against allegations of comparative fault and work toward holding the truck driver’s employer liable as well. The trucking company could be held directly liable for negligent hiring, supervision, or training, and vicariously liable if the truck driver’s negligence can be proven to have occurred during the course and scope of employment.
Now, when it comes to you seeking economic damages and non-economic damages from the truck driver for the losses and injuries that you have sustained from the accident, you will likely have to establish the truck driver’s negligence; this can be done by showing that there was a duty of reasonable care owed to you by the defendant, but the truck driver breached the duty owed to you, resulting in your injuries. Interstate truck drivers are required to follow FMCSA regulations regarding hours of service. These rules mandate when rest breaks must be taken. Satisfying your burden of proving negligence based on truck driver fatigue can allow you to recover compensatory damages for medical bills, lost wages, vehicle repairs, pain and suffering, and loss of enjoyment of life, among others.
Contact a Skilled Tractor-Trailer Crash Attorney in the Little Rock Area
When a truck driver is operating a truck while fatigued, he could easily lose control of the truck long enough to collide with another vehicle (or possibly several), resulting in catastrophe. At Nahon, Saharovich & Trotz, we go toe to toe with the large trucking companies to fight for our clients to recover the maximum compensation they deserve. Our firm serves victims across Arkansas, Tennessee, Mississippi, Missouri, and Kentucky, including in Little Rock, Jonesboro, Jackson, Chattanooga, Knoxville, Memphis, Nashville, Caruthersville, Hayti, Tupelo, Oxford, Starkville, Grenada, Columbus, and Meridian. Contact us today by calling us toll-free at 800-529-4004 or by completing our online form to schedule a free consultation with a motor vehicle collision lawyer. Let us show you why NST is the way to go if you need a Little Rock lawyer.
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.