Mena, AR Truck Accident Lawyer

Very few truck accidents do not result in significant damages for those involved. To get the compensation you need to make a full recovery and get back the money you have already spent, our attorneys can help you file a claim against the negligent trucker.

As a hub for trucking activity, Mena has no shortage of trucking accidents. When our team reviews your case, we will determine if the trucker is independent or works directly for a trucking company. If the trucker is independent, we can file your lawsuit against them and any other drivers involved in the crash. When an accident is caused by a trucker regularly employed by a trucking company, we can usually sue the trucking company and trucker together since both can be held totally responsible for the accident.

For a free and confidential case assessment with our truck accident attorneys, contact us today at (479) 316-0438.

Who to Sue After a Truck Accident in Mena, AR

Truck accident lawsuits involve all kinds of challenges that are not a concern in other cases. Truck accidents involve commercial drivers, introducing different legal rules since an employer trucking company can be held responsible for its negligent driver. Our truck accident lawyers can help you sue these parties and determine if anyone else should be added to your claim. Many truck accidents involve other drivers who should also be held accountable for part of the accident. In more complex cases, truck designers and manufacturers are ultimately responsible for the damages. The following are common parties that can be sued for a truck accident in Mena:

Truck Drivers

The truck driver is the one most directly involved in the accident, so it is a near certainty that they will be named in your lawsuit. They are the professionals operating the large vehicles and understand the safety and traffic laws they should follow. Truckers who speed or drive under the influence can be held liable for breaking traffic laws. They can also be sued for acting unreasonably under the circumstances, like driving too fast in the rain but still under the speed limit.

In addition to basic traffic rules, truckers must also follow the regulations set by the Federal Motor Carrier Safety Administration (FMCSA). This includes not driving longer than the maximum limit, which is 11 or 14 hours without a break. Our team can gather evidence of the trucker’s trip to determine if any of the FMCSA’s rules were violated in your accident.

Trucking Companies

If we are suing the trucker who hit you, we will most likely include the trucking company they work for in your claim. Many truckers are regular employees who work directly for the company in question. If the trucking company exercises control over the driver, such as directing their routes and the ability to discipline and fire them, they can usually be held liable for the driver’s actions. According to the principle of “vicarious liability,” known among lawyers as respondeat superior, employers are liable for employee negligence if that negligence occurs during the course of the employee’s work. If the trucker is on the clock, such as making a delivery, the trucking company can most likely be sued.

Independent Truckers

Unfortunately, vicarious liability will not apply if the trucker is an “independent” contractor. They are not employees of the trucking company and typically own their trucks. Because of that lack of control, trucking companies that only contract with drivers cannot be held liable for what they do out of sight. In such cases, we might be limited to suing the driver unless the trucking company was responsible for maintaining the vehicle. If a trucking company fails to service a truck an independent contractor uses, the company can be held liable for its role in your accident.

Other Parties

While investigating your claim, we will look for other parties who might owe you compensation for your injuries. For instance, truck accidents often result in “pile-up” collisions involving multiple vehicles. Sometimes, another driver starts the chain accident by cutting off a trucker. Other times, inattentive drivers crash into a truck accident scene because they are not paying attention. If other drivers are named in the police report, there is a good chance we will pursue them for some of your compensation.

In some cases, the trucker who hit you is actually a government employee working for a local or state government entity. Unlike commercial drivers and trucking companies, you cannot generally sue the driver and their employer because of “sovereign immunity.” While we cannot file your lawsuit against the negligent driver, we can sue the government agency that employs them. However, you typically have less time to file these claims, so start your claim early if we have to meet these tighter deadlines.

Compensation You Might Recover After a Mena, AR Truck Accident

Truck accident victims often experience a wide range of damages, commonly split between economic and non-economic losses. Economic damages are the ones most victims are familiar with and feel more immediately. This includes your medical expenses, like hospital stays and surgeries, and lost income. We can also use experts to help assess your future losses, like continued medical treatment for serious injuries and compensation for reduced earning potential at work. You should also receive compensation for property damage to your vehicle.

You typically become aware of your non-economic damages as time passes since they are based on your injury’s impact on your life. You might experience emotional distress over a long course of treatment or live with physical pain. Feelings of depression, anxiety, and PTSD are also common after a truck accident and should be covered under your pain and suffering.

If the trucker or trucking company knowingly violated the law or FMCSA rules, you might be entitled to “punitive” damages. These damages are intended to punish defendants for gross negligence or intentional misconduct.

Call Our Mena, AR Truck Accident Attorneys Today for Help

Call us at (479) 316-0438 to speak with our truck accident lawyers and receive your free case review.