Walmart relies on thousands of trucks to move their products around the country. Like any other vehicle on the road, trucks are at risk of being involved in an accident. The key difference is that due to their size and weight, Walmart trucks can cause extensive property damage, and severe, sometimes life-threatening injuries. After an accident involving one of America’s biggest retailers, you can be sure their legal team will be ready to fight off any claim. Thus, it is necessary to hire an experienced Fayetteville, AR truck accident attorney who can help you hold the liable parties accountable for your losses. Fayetteville, AR Walmart truck accident lawyer Ken Kieklak, Attorney at Law, invites you to keep reading as we discuss who do you sue after an accident with a Walmart truck in Arkansas.
Who Is At Fault in an Accident with a Walmart Truck in Arkansas?
Commercial trucks like Walmart’s are large, heavy vehicles used to haul tons-worth of cargo across Arkansas roads. Due to their size and weight, commercial trucks have the potential to cause severe, catastrophic accidents. You may identify the truck driver as the one responsible for your crash. However, before reaching a definite conclusion about who may be liable, it is best to consult with a Bentonville Walmart truck accident attorney.
In truck accidents – unlike passenger car crashes – there may be multiple parties you can hold liable in your personal injury lawsuit. To determine liability to its fullest after a truck accident, it is necessary to analyze all the circumstances of your case.
Suppose you identified the truck driver as the only liable party in your case. In this case, you may get compensation to cover some of your expenses; however, a truck driver’s insurance may not provide full compensation for your losses. This is where careful analysis comes into play.
In truck accidents, other parties like the truck driver’s employer, cargo loaders, and truck manufacturers may have also played a role in your crash. Unlike many other companies, Walmart owns its own fleet of trucks and uses them to make their deliveries and transport their cargo. For this reason, they may be held liable for the negligence of their truck drivers.
Additionally, Walmart must make sure all their trucks are safe to operate. Failure to check critical components such as their trucks’ tires and brakes can lead to otherwise preventable accidents, for which Walmart may be liable. On the same light, truck part manufacturers must make sure they design and manufacture products that are safe to use. This means they could also be held liable for their negligence during designing and manufacturing.
What Compensation Can I Get if I Was Hit by a Walmart Truck in Arkansas?
As an injured victim in a truck accident in Arkansas, you may be able to get compensation to cover all of your losses with the help of a Fayetteville, AR truck accident lawyer. Typically, there are three different types of compensation or “damages” you can get through a personal injury lawsuit: economic, non-economic, and punitive damages.
The purpose of a personal injury lawsuit is to put you back in the same position you were before you suffered your accident. Thus, during a personal injury claim, the court will consider your economic losses (medical bills, lost wages, property damage) and provide you with compensation to cover these losses. Economic damages can help you take care of losses that can be easily quantifiable and measurable.
However, your pain, suffering, and emotional trauma can also be covered through a personal injury lawsuit. Nevertheless, the court can find it challenging to assign value to these losses because they are more subjective. With your Arkansas personal injury lawyer, you can provide the court with a better understanding of your emotional trauma and how it impacted your life. This way, you can maximize your potential compensation.
The court grants punitive damages when the defendant’s actions or omissions are particularly wanton or reckless. This type of compensation is awarded to punish the defendant and dissuade others from acting the same way in the future. Your lawyer can help you raise the argument required to persuade the court this compensation should be considered.
Arkansas Comparative Negligence and the Statute of Limitations on Truck Accidents with Walmart Trucks
There are two essential aspects of your claim you need to consider before getting your compensation: Arkansas modified comparative negligence rules and the statute of limitations. We will discuss each of these elements separately:
Arkansas Modified Comparative Negligence
Under the modified comparative negligence rules, a plaintiff’s compensation may be reduced by their percentage of fault in an accident. For example, if you are awarded $100,000 and were found 10% liable for your crash, you can get $90,000. However, Arkansas also follows a fifty percent rule, which means that if you are found 50% or more liable for your accident, you may not recover compensation.
It is not strange for a defendant to argue that you were also at fault for your accident. They will likely try to convince the court that you had a lot to do with your truck accident to avoid paying you compensation. However, with our Arkansas truck accident attorney‘s assistance, you can fight these arguments and get the compensation you deserve.
Statute of Limitations in Truck Accidents
All plaintiffs in a civil claim, such as a personal injury lawsuit, have a limited time to submit their petition with the court. This is what is known as the statute of limitations. Essentially, you must file your claim within the time established by the statute, to have a chance at fighting for your compensation. Under Arkansas law, you have up to three years from the moment of your truck accident to file your claim. It is critical to act quickly and file your lawsuit as soon as possible. It would be best to remember that truck accidents can be complex and may require time to collect evidence and build a robust case. Our Arkansas truck accident lawyers can help you with this and other legal aspects of your personal injury claim.
Arkansas Truck Accident Lawyer Serving Victims Hit by a Walmart Truck
If you or a loved one was hit by a Walmart truck in Arkansas, we can help. Our Fayetteville, AR personal injury attorneys know what it takes to hold the liable parties accountable for your losses and fight for the compensation you deserve. Backed by years of experience, Ken Kieklak understands what you are going through and is ready to fight to get the compensation you need. Call our law offices today and schedule your free, confidential consultation. Our phone number is (479) 316-0438.
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