Unfortunately, many truck accidents in Arkansas end in severe injuries, property damage, and deaths. Trucks are heavy and large vehicles capable of causing massive destruction during a crash. After a truck accident, it is natural to hold the truck driver liable for all of your losses. However, most truck drivers lack the necessary resources to cover all of your expenses, lost wages, and pain and suffering. Fortunately, you may be able to hold the trucking company liable for their employees’ negligent actions. Our Fayetteville, AR truck accident lawyer, Ken Kieklak, invites you to keep reading as we discuss this critical matter.
Can You Sue a Trucking Company After a Collision in Arkansas?
This is a common question most injured victims may have after a truck accident in Arkansas. Fortunately, the law allows you to include the trucking company in a lawsuit along with the negligent truck driver after your accident. Arkansas’s “vicarious liability laws” makes this possible. Under the legal doctrine known as the “respondeat superior,” you can take the truck driver’s employer to court for their employees’ negligent actions.
Including the trucking company as a defendant in your claim can help you in several ways. First, it can help you make the trucking company responsible for your losses. Second, it can help you hold the trucking company liable directly for any action or omission that may have contributed to your crash, which can help you increase your compensation.
Is the Trucking Company Liable for My Truck Accident in Arkansas?
There are several ways a trucking company can be held liable for your accident and losses. We have identified three main areas for which a trucking company can respond for injuries, medical expenses, property damage, and other losses you suffered:
Truck Driver Negligence
After being involved in a devastating truck accident in Arkansas, you may sue the negligent driver directly for your injuries and losses. However, the liable driver may have limited resources and may not be able to pay full compensation to cover all of your losses. They might not be able to cover serious medical conditions such as paralysis due to a spinal cord injury or brain surgery due to a traumatic brain injury.
A truck driver’s work benefits their employers. Therefore, the employers can be liable for any accident caused by their employees, especially if they were in duty at the moment of the crash. However, there must be a direct employer-employee relationship to bring the trucking company into your lawsuit.
If the truck driver who caused your accident was an independent contractor, getting compensation after your accident can be more challenging. It’s best to hire a Fayetteville AR personal injury attorney who can help you determine the best course of action.
Negligent Truck Maintenance
Many trucking companies own their fleet of commercial trucks, 18-wheelers, and rigs. This means they are directly responsible for their constant monitoring, check-ups, and upkeep. Any accident that occurs due to a negligently-kept truck should fall directly on the trucking company’s shoulders.
Trucking companies must follow strict regulation rules set forth by state and federal laws. For instance, before a truck is sent to make a delivery, they need to get tire air pressure levels, brake system, and engine and transmission checked. Failure to adhere to these regulations can lead to otherwise preventable truck accidents. You may be able to sue the trucking company directly for truck maintenance negligence.
Trucking companies have the critical task of hiring the right personnel to carry out their duties. All trucking companies must perform background checks and make sure their potential employees are experienced, skilled, and certified to operate large trucks. Additionally, they are supposed to screen every truck driver for drugs and alcohol to avoid any accidents on the road. Furthermore, checking their previous history is essential to know whether they have been involved in accidents before.
However, some trucking companies cut corners and skip most of these essential processes, prioritizing profit over safety. Unfortunately, negligent hiring can lead to otherwise catastrophic truck accidents. Luckily, you can hold the trucking company liable for engaging in this dangerous practice.
Getting Compensated After a Truck Accident in Arkansas
It is possible to get compensation for your losses after being involved in a severe accident, such as an 18-wheeler truck crash in Arkansas. However, before the court grants it, you need to prove all of the elements in your claim supporting the defendant’s negligence. Your Arkansas truck accident lawyer can help you establish your claim by providing the court with all the necessary evidence.
Typically, you are required to prove four main elements exist; the legal duty, breach, causation, and losses. Each one of these elements should be supported by concrete evidence. Once you have shown your case with the court, you may receive compensation to cover all of your losses.
It is critical to know you only have a limited time to file your compensation. According to Utah law, you have up to three years from the moment of your accident to file your claim. This is known as the statute of limitations. If you miss this legal deadline, the court may refuse to hear your case, and you may risk getting your compensation. It is essential to hire an experienced Arkansas truck accident attorney who can help you file your claim on time and avoid any mistakes that may put your claim and potential compensation at risk.
Truck Accident Attorney Offering Free Consultations in Arkansas
If you or a loved one was injured in a truck accident in Arkansas, we can help. Over decades of experience, our Fayetteville, AR personal injury attorney Ken Kieklak has developed the necessary skill to hold all liable parties in your case. We can fight aggressively and strategically against the negligent truck driver and their trucking company. We know how frustrating dealing with the liable parties can be, especially after a severe truck accident in Arkansas. However, we can fight in your name while you focus on recovering from your injuries. Call our law offices today and schedule your free, confidential consultation. Our phone number is (479) 316-0438.