Little Rock Underride Accidents
Attorneys Dedicated to Helping Truck Wreck Victims in Little Rock
Underride accidents are highly dangerous, and the occupants of the smaller vehicle usually suffer devastating injuries in this type of collision. An underride accident occurs when all or part of a smaller vehicle goes under the rear or the side of a larger vehicle, such as a tractor-trailer. In these crashes, the top of the smaller car may be completely flattened. Even if the smaller vehicle was fully equipped with airbags and other safety mechanisms, the risk of catastrophic injury still remains. These crashes are common on busy roadways with heavy traffic and higher speeds like Interstate 40 and Interstate 30. Call our Little Rock truck accident lawyers at Nahon, Saharovich & Trotz for a free consultation if you have been hurt in a trucking accident. Truck accident litigation can be complex, but our firm has more than 30 years of experience representing the victims of trucking accidents throughout the South.
Assistance for Persons Injured in Underride Accidents
Underride accidents usually occur when the large truck slows or stops suddenly and the smaller car drives under the rear of the trailer and gets pinned. They can also occur when a big rig driver switches lanes without warning and the smaller vehicle gets lodged under the side of the trailer. If the truck driver was cited for being at fault for the accident, the victim may be able to proceed under a theory of negligence per se (or negligence as a matter of law) where an act is considered negligent if it violates a safety law.
Following any trucking accident, you can establish negligence to succeed on a claim against the truck driver or the trucking company. You may do this by showing that the truck driver owed a duty of care to you that he breached, which in turn caused the accident, your injuries, and your losses. In Arkansas, the party seeking damages bears this burden of proof.
If you can establish that the truck driver was negligent, you will be able to pursue recovery for your losses, both economic and non-economic. Economic losses have a set monetary value, such as medical bills and lost wages. Non-economic losses do not have a set monetary value and include claims such as pain and suffering, loss of enjoyment of life, and loss of consortium. A knowledgeable attorney in the Little Rock area will be able to help you value your losses so that you can pursue adequate compensation from the responsible party.
In some instances, you may be able to seek compensation from the trucking company for negligent hiring, training, or supervision. Federal regulations set maximum driving hours and minimum break times for interstate truck drivers, and they also establish training and supervision standards for employers. For example, if the trucking company encouraged its employees to speed or drive without taking the required breaks in order to get to their destinations sooner, then the trucking company may be liable for any injuries caused by underride accidents involving its speeding or fatigued drivers. Hiring legal representation to look out for your interests can include inspecting the truck driver’s log book, the truck’s black box, and any other evidence to determine all potential defendants and sources of recovery.
The statute of limitation for pursuing injuries sustained in an underride accident in Arkansas is three years from the date of the accident. If you do not settle your claim or file suit in the appropriate court within the appropriate timeframe, you will have essentially forfeited your right to do so and your claim will be time-barred. Many Little Rock truck accident lawsuits are filed with the Pulaski County Circuit Court, located at 401 West Markham Street, Little Rock, Arkansas 72201.
Asserting Your Legal Rights After a Truck Crash
If you have been injured in an underride accident or a collision with a big rig truck, Nahon, Saharovich & Trotz may be able to assist you in getting the compensation you deserve for your losses. To date, we have recovered more than $1.5 billion in compensation for our clients. Our firm employs over 30 attorneys and a large support staff, and we serve accident victims in Little Rock, Jonesboro, Memphis, Nashville, Knoxville, Chattanooga, Jackson, Meridian, Tupelo, Columbus, Grenada, Starkville, Oxford, Hayti, and Caruthersville, as well as other cities across Arkansas, Tennessee, Mississippi, Missouri, and Kentucky. Contact our office toll-free by calling 800-529-4004 or by completing our online form to set up a free consultation with one of our auto accident attorneys. 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.