Arkansas Truck Accident Attorneys

Big Rig, Semi-Truck & 18-Wheeler Accident Claims

After a truck accident, you will have to focus on your physical recovery, but you will also need to make a financial recovery. Handling both important tasks at once can be a lot for anyone but especially for someone who has been injured by a negligent truck driver. If your truck accident happened in Arkansas, you can come to the Law Office of Tom Wagstaff Jr. for all the legal counsel and guidance you need.

Our truck accident attorneys would be honored to walk you through the entire legal process of filing an injury claim after a truck accident. Your goals will become our own when we are your chosen legal team. We will fight as if we are representing ourselves, including in settlement negotiation attempts and courtroom litigation. We are led by trial attorneys who know what it takes to build and tirelessly pursue justice.

We can handle truck accident claims involving all sorts of commercial vehicles, such as:

• Big rigs
• Semi-trucks
• 18-wheelers
• Tractor-trailers
• Flatbed trucks
• Tanker trucks

Contact us online or call (816) 597-4556 if you’d like to talk to an Arkansas truck accident lawyer about your case.

How Negligence Causes Truck Accidents

Truck driver negligence is a serious issue on the roads in Arkansas. Given the size and weight of the average commercial vehicle, any type of operator negligence can lead to a tragic accident that results in life-changing or life-ending injuries.

 Types of truck driver negligence that could cause a truck accident vary, such as:

• Fatigue: Truck drivers often work long hours and cover great distances, which can lead to fatigue. This tiredness can impair their ability to react quickly and make sound judgments, increasing the risk of accidents.
• Distracted driving: Using phones, eating, or any other activity that takes the driver's attention away from the road can result in accidents. Even a momentary distraction can have catastrophic consequences when driving a large commercial vehicle.
• Speeding or reckless driving: Speeding or reckless driving increases the chances of losing control of the vehicle, especially for large trucks that require more time and distance to stop.
• Improper loading: If the truck's cargo is not properly secured or is overloaded, it can cause imbalance, making the truck difficult to control and leading to accidents.
• Failure to maintain vehicle: Lack of proper maintenance can lead to vehicle malfunction, such as brake failure or tire blowouts, which can cause serious accidents.

Proof Used to Prove Truck Accident Liability

Determining liability in a truck accident often involves gathering and analyzing various types of evidence. Different pieces of evidence can help paint a clear picture of the circumstances leading up to the accident and help establish who was at fault. Our Arkansas truck accident attorneys from the Law Office of Tom Wagstaff Jr. are skilled at uncovering and utilizing evidence to build a strong case for our clients.

Evidence that can be used to prove liability in a truck accident might include:

• Truck driver logs: Truck driver logs contain information about the driver's hours on the road, rest periods, and more. If the driver violated regulations regarding rest periods or driving hours, these logs could provide crucial evidence of negligence.
• Vehicle maintenance records: Records from the company that maintains the commercial truck can show whether the truck was properly maintained. If the accident was caused by a mechanical failure that could have been prevented with proper maintenance, the records could help prove liability.
• Witness testimony: Witnesses to the truck accident can provide valuable information about what happened. Their accounts can help corroborate other evidence and establish the sequence of events leading up to the accident.
• Accident reconstruction: Experts in accident reconstruction can analyze the crash scene, vehicle damage, and other evidence to determine how the accident occurred.

Truck Driver & Trucking Company Liability

In Arkansas, both a truck driver and the trucking company they work for can be held liable for a truck accident. The liability of the truck driver stems from their own actions or negligence that leads to an accident, such as unsafe behaviors like speeding, distracted driving, or driving while fatigued.

The trucking company may also bear responsibility for the accident in certain circumstances. An employer can be held accountable for the actions of their employees performed within the scope of their employment. Therefore, if a truck driver causes an accident while performing their job duties, the trucking company may be deemed liable.

It's also worth noting that while trucking companies can be held liable for their employee's negligence, they typically have no liability for negligent independent contractors. However, this can vary depending on the nature of the relationship between the trucking company and the contractor. Don’t assume that you don’t have a claim because liability is unclear or split between parties. You should always talk with a lawyer to understand your legal options.

FMCSA Truck Accident Regulations

When researching liability for your truck accident claim, our attorneys will keep an eye out for any Federal Motor Carrier Safety Administration (FMCSA) regulation violations. The FMCSA has created a variety of regulations that are meant to reduce the risk of commercial truck accidents across the nation. When one of these regulations is ignored or unintentionally violated by a truck driver or trucking company, it puts everyone on the road at a higher risk of a truck accident. If it can be proven that an FMCSA violation contributed to your truck accident, it could greatly increase the defendant’s liability.

Important FMCSA regulations to consider when building a truck accident claim are:

• Hours-of-service limits: Truck drivers are not to exceed hours-of-service limits imposed by the FMCSA. For the most part, a truck driver can’t drive more than 11 hours in a 14-hour shift that must follow at least 10 consecutive hours off duty.
• Break requirements: Commercial vehicle operators are expected to take rest breaks to reduce the effects of exhaustion. If 8 hours have passed since the last off-duty or sleeper-berth period of at least 30 minutes, a truck driver is usually required to take a break.
• Weight limits: Most commercial trucks are limited to 80,000 pounds total, including the truck’s parts and any cargo hauled by it.
• Speed limits: Typically, an 18-wheeler on the highway is limited to a 55-mph speed limit. Also, truck drivers should attempt to use designated truck lanes when possible.

Serious Injuries Caused by Arkansas Truck Accidents

When representing clients who have suffered injuries in a truck accident, we can work closely with medical experts who can provide a detailed understanding of the client's injuries, their treatment, and the long-term impact on the client's life. This information is vital when seeking fair compensation for the client's pain, suffering, and any future medical expenses.

Serious injuries often seen in truck accidents are:

• Back injuries: A serious back injury can range from herniated discs to spinal cord damage, resulting in chronic pain, limited mobility, or even paralysis.
• Head injuries: Head injuries, including traumatic brain injuries (TBIs), are common in truck accidents. They can lead to cognitive impairment, memory loss, personality changes, and other serious conditions. Some head injuries may require long-term care and rehabilitation.
• Permanent scarring: Truck accidents can cause severe physical trauma that leads to permanent scarring or disfigurement, possibly changing the day-to-day life and abilities of the survivor.
• Traumatization: The psychological impact of being involved in a truck accident should not be overlooked. Post-traumatic stress disorder (PTSD) is common among truck accident survivors. Symptoms can include flashbacks and severe anxiety when around commercial trucks. 

Wrongful Death Claims After a Truck Accident

Our Arkansas truck accident attorneys understand that losing a loved one in a truck accident is an incredibly difficult and traumatic experience. If this happened to you, please know that we offer our legal services for people who need to pursue a wrongful death claim. When handling a wrongful death claim, we diligently work to keep the legal process as smooth and stress-free as possible, so you can focus on grieving and being with your family.

Fighting for Every Dollar You’re Owed

Pursuing every available damage after a truck accident is important when every penny counts toward your recovery. Truck accidents often result in severe injuries that can require extensive medical treatment, cause lost wages, and significantly lower the overall quality of life. By aggressively seeking all potential damages, our legal team can aim to alleviate the financial burden caused by the accident and aid in your recovery process.

Types of damages in a truck accident claim include:

1. Economic damages: Also called special damages, economic damages are tangible losses that can be calculated and verified, including medical expenses, rehabilitation costs, lost income, and future loss of earnings if the victim is unable to return to work.
2. Non-economic damages: Also called general damages, non-economic damages are intangible losses that don't have a specific monetary value but still significantly impact your life. This type of damage can include pain and suffering, emotional distress, loss of enjoyment of life, and loss of companionship.