Vans are an important part of transportation for people all over Arkansas; they allow people to get to where they need to go, whether it be school, church, or other educational, social, and medical obligations. However, due to the way that weight is distributed in a van, the risk of van accidents occurring on the road is high. Luckily, it is possible to file a personal injury lawsuit against the responsible party if you were injured in a van accident.
Speak with an experienced attorney today to learn more about how you can file a personal injury lawsuit and receive compensation for your injury. Contact Fayetteville van accident lawyer Ken Kieklak, Attorney at Law, to schedule a free consultation so you can talk about your options regarding a personal injury lawsuit. Call (479) 316-0438 today to speak with an experienced van accident injury lawyer.
Injuries and Causes of Van Accidents in Fayetteville, AR
When a van accident occurs, it’s often likely that the van will tip over onto its side, which can cause some passengers to be fully or partially ejected from the vehicle. Such incidents can lead to specific injuries that can plague victims for months, years, or the rest of their lives. These include cuts and lacerations, head and neck injuries, broken bones and fractures, brain and spinal cord injuries, internal bleeding, chest/pelvis/abdominal injuries, paralysis, and even death.
There are many potential causes of van accidents in Fayetteville, AR. Van accidents that are severe enough to cause injuries may be caused by the following factors:
- Distracted driving – Texting, using social media, applying makeup, eating, or doing any activity that takes a driver’s attention away from operating their vehicle is a form of distracted driving.
- Overtaxed or fatigued driving – A driver that operates a vehicle while drowsy or exhausted may fall asleep at the wheel, which can lead to severe accidents for the driver or other passengers in the van.
- Improperly secured cargo – If the van drives with unsecured cargo, it can cause the van itself to tip over due to a shift in the distribution of weight. While operating a van, cargo should be secured using tie-downs and other securing devices.
- Tire blowout – A tire that is blown out can force a driver to swerve off the road due to a loss of control over the vehicle.
- Incompetent or unprepared drivers – Drivers that have not been taught how to drive or that lack the mental competence to be able to drive properly are a serious danger to themselves and others on the road.
- Driving with more passengers that the van can hold – Driving with more passengers that can legally fit in the van will burden the van with excess weight, which can make the van more susceptible to accidents.
- Breaking traffic laws – Committing traffic violations such as speeding, running through stop signs or red lights, and failing to yield or obey other traffic signs can make the van driver and other drivers on the road more vulnerable to accidents.
- Reckless driving – Driving without regard for the safety of other drivers on the road can lead directly to accidents. Backing up without looking, merging or changing lanes without using a turn signal, and tailgating are all common types of reckless driving that have the potential to lead to catastrophic injuries for both passengers of the van and other drivers on the road.
People that drive or spend time in vans in Arkansas should note that vans are one of the most dangerous types of vehicles that operate on the road. Vans have a high likelihood of involvement in accidents because they are bulky and take up a lot of space, which makes them difficult to steer and maneuver. Since they weigh a lot, drivers are prone to oversteering, which can lead to a loss of control.
Vans also carry a significant risk of rolling over since the weight is often unevenly distributed throughout the vehicle. Weight attached to the roof, which is a common occurrence in vans, also increases the chances that the van will roll over. The more people that a van can fit, the higher the chances that it will result in a crash; for instance,15-passenger vans are much more likely to be involved in accidents than 10-passenger vans.
Determining Liability in Van Accidents
Arkansas is a comparative fault state, which means that the injured party can recover damages from any party that was more at-fault. According to the concept of comparative fault, you may still receive damages even if you were partially at fault for the accident, as long as the other driver was more at fault than you. However, if you were at fault, the amount that you will receive in damages will be reduced by a percentage that is correlative to the amount of liability that you share.
To win a lawsuit against a negligent van driver in Fayetteville, Arkansas, the plaintiff must prove three things: that the defendant had a duty of care that required them to drive safely; that the defendant breached their duty of care by driving unsafely; and that their breach resulted in damages suffered by the plaintiff.
Attorney for Van Accident Victims in Fayetteville, Arkansas
If you or a loved one have been involved in a van accident in Fayetteville, Arkansas, speak with a personal injury attorney as soon as possible. It is possible that you are entitled to compensation, especially if a party committed negligence leading to your injuries. Schedule a free consultation with Ken Kieklak, Attorney at Law, by calling (479) 316-0438 today.