Elkins Truck Accident Lawyer

Arkansas is an “at fault” state when it comes to auto accidents.

This means that the party liable for the truck accident is also held responsible for the damages caused.

While most truck accidents in Arkansas are attributed to driver negligence, other factors may also come into play.

What’s more, various parties can be held liable for a truck accident in Arkansas, making these cases difficult to litigate.

Liability in truck accidents in Arkansas may also be affected by the “modified comparative fault” law.

This is a law that impacts accidents where more than one driver is found to be at fault.

The comparative fault law works by assigning a percentage of liability to each driver deemed to have contributed to the truck accident.

In Arkansas, a 50% bar rule applies – A truck accident victim cannot be compensated by other parties involved in the accident if they contributed to at least 50% of the accident.

Truck accidents in Arkansas may be difficult to litigate, and therefore it is important to contact an experienced truck accident lawyer as early as possible.

Besides advising you on your legal options after the accident, an attorney can help you with the following:

Investigation

Whenever you file a claim after a truck accident, building a strong case helps you negotiate the maximum possible compensation.

It also ensures that you stand a high chance of being awarded compensation for damages if the case goes to trial.

While this may sound straightforward, building a strong case requires gathering indisputable evidence that proves that the liable party was truly at fault.

In addition to any evidence documented at the scene, a truck accident attorney can work together with other professionals to collect the evidence required to build a solid case.

These could be medical practitioners from whom they may request medical reports.

Your attorney can also collaborate with expert engineers and mechanics to determine whether the truck was faulty at the time of the accident.

They may also consult accident reconstruction specialists to investigate the party responsible for the accident.

Without a truck accident attorney, such an investigation may prove tedious and expensive.

Filing A Claim

When filing a claim, your Elkins truck accident lawyer will help you with all the documentation required and also guide you through the process.

This ensures that you don’t miss any step or leave out any document when filing a claim.

By getting all the details right, the defendant’s insurance company will be ready to settle your claim to avoid further legal action.

Negotiations

In most instances, the insurance company of the party responsible for the truck accident will find ways to deny your claim or reduce the compensation you deserve.

Their team of lawyers will also put up a strong case to justify the reason for denying your claim.

Hiring an attorney from Keith Law helps you build a solid case, which means that you are in a better position to negotiate an injury settlement with the insurance company.

Your lawyer will also help come up with a reasonable settlement amount so that you don’t settle for a low or the first offer tabled by the insurance company.

Litigation

Sometimes, it becomes difficult to agree with the insurance company regarding the settlement for your injuries.

At this point, your Elkins truck accident lawyer will advise you to file a lawsuit against the insurance company in a bid to receive your much-deserved compensation.

When the case goes to trial, your lawyer will offer you representation and present the case on your behalf.

If you have been involved in a truck accident in Elkins, you can be compensated for the following damages:

Economic Damages

These are losses that can be calculated in terms of money with reasonable precision.

They include:

• Present and future medical bills
• Present and future lost wages
• Damage to property (e.g. your vehicle)
• Physical therapy bills
• Modification to your residence following the accident. This could be the installation of ramps in your home.
• At-home nursing care expenses

Non-Economic Damages

These are damages that represent intangible items and could be difficult to calculate since they may not be easily assigned a monetary value.

Such damages include:

• Pain and suffering
• Emotional distress
• Loss of use of limbs
• Physical disfigurement

Punitive Damages

These are also known as exemplary damages and are meant to punish the defendant for their negligence.

While these are rare, they can be awarded if the defendant acted negligently and single-handedly caused the accident.

These damages are often awarded if the accident’s victim did not survive or suffered life-threatening injuries.

To find out how much your claim is worth, it is first important to understand that several policies may exist for the trucking company and defendant.

Insurance policies that cover trucks are mandated by the Federal Motor Carrier Safety Administration (FMCSA) and are larger minimum policies compared to those required for passenger vehicles.

When determining the worth of your truck accident claim, the following factors come into play:

• Amount of medical bills (including recurring bills)
• Lost wages
• Severity of injuries
• Pain and suffering
• Lost companionship
• Loss of use of limbs
• Insurance policy
• Death
• Damage to property (i.e. vehicle involved in the truck accident)

While there may be no actual dollar amount stamped on some of these factors, the claim’s worth may be determined by fully investigating your claim and arriving at a reasonable amount for the factors that apply to your claim.

For your truck accident claim to be deemed valid, you must file the claim within 3 years of the accident’s date.

While this might seem like a long time, it is meant to provide the plaintiff with the opportunity to hire a lawyer, find the necessary documents, and file the case.

Determining fault in a truck accident may not be as straightforward as it may seem.

Unlike other auto accidents, truck accidents involve more players, including the driver, trucking company, truck owner, and many others.

When determining the party at fault, courts also consider the “totality of the circumstances,” which means that they consider the state of each driver involved in the accident, road conditions, and any other factor that could have led to the accident.

Where factors such as bad weather and poor road conditions contributed heavily, then the accident is deemed to have been unavoidable.

Where one or more drivers are found to have been negligent (drunk driving or speeding), they are likely to be held liable for the accident.

An experienced Elkins truck accident lawyer can help prove that the truck driver was negligent by:

• Demonstrating that they had a duty of care.
• Showing that they failed to fulfill that duty of care.
• Demonstrating that the failure to meet their duty of care directly caused the accident.
• Proving that the accident directly contributed to your injuries.

Various parties can be held liable for truck accidents in Elkins, Arkansas.

Hiring a qualified and seasoned attorney from Keith Law can help prove any of these parties’ liability:

The Truck Driver

Through exhaustive investigation, our lawyers can help prove that the truck driver was reckless on the road and that their actions resulted in the truck accident.

The Trucking Company

Trucking companies may also contribute to truck accidents by prioritizing profits rather than safety.

Therefore, these companies may be held liable for truck accidents if they are found to have authorized transportation of goods using unsafe trucks or if they put their driver through unrealistic schedules.

The Company Who Loaded The Truck

Unsafe loading may also lead to truck accidents, especially if the trucks are overloaded or the trailer was not coupled properly.

In such cases, the company that loaded the truck will be held liable for the accident.

Vehicle Or Parts Manufacturers

Where truck accidents are caused by poor-quality parts such as tires or brake pads, the manufacturers may be held liable for the accident.