Why Are Truck Accidents in Arkansas More Complicated Than Car Accident Cases?
Were you involved in a truck accident in Arkansas? You have the right to pursue compensation for your injuries just as you would with any other motor vehicle accident claim. However, commercial trucking accident cases are generally significantly more complicated than car accident claims. As these types of claims can be especially complex, it is imperative that you consult with an experienced Little Rock truck accident attorney as soon as possible after a crash.
A commercial truck crash may involve far more than the actions of the driver alone. Liability could extend to the motor carrier, a maintenance contractor, a freight broker, a loading company, or another business whose decisions contributed to the collision. These cases also depend on specialized evidence, including driver logs, electronic control module data, inspection records, maintenance files, and compliance with federal safety regulations.
Are Truck Accidents More Likely to Cause Serious Injuries?
Yes. In Arkansas, a fully loaded tractor-trailer can weigh as much as 80,000 pounds. Given their large size, semi-trucks carry far more force. They are significantly more likely to be involved in a catastrophic or deadly collision than standard-sized passenger cars.
Truck crashes can cause severe harm to victims, including traumatic brain injuries (TBIs), spinal cord damage, multiple fractures, internal bleeding, terrible burns, and permanent disability. The risk of a truck accident remains even when occupants of smaller vehicles are wearing a seat belt. Because these injuries often require surgery, rehabilitation, and long-term care, victims may face enormous medical costs and lasting impairments.
Who Can Be Held Liable for a Semi-Truck Accident in Arkansas?
In Arkansas, any party whose negligence contributed to an 18-wheeler accident can be held legally liable for the resulting damages. Every crash involving a large commercial truck should be thoroughly investigated by an experienced attorney to determine exactly what happened and why. Some parties that are often deemed liable in semi-truck accidents in Little Rock include:
- Truck Drivers: A commercial truck driver may be held liable for speeding, distracted driving, fatigue, impairment, unsafe lane changes, following too closely, or other negligence.
- Trucking Companies: A trucking company may be directly liable for negligent hiring, inadequate training, poor supervision, unsafe scheduling, or failure to maintain its fleet.
- Cargo Loaders: A company responsible for loading or securing cargo may be liable when improperly balanced, overloaded, or unsecured freight contributes to a crash.
- Maintenance Contractors: A truck needs to be properly maintained. Third-party mechanics and maintenance providers may be held liable for negligence.
- Manufacturers: A manufacturer may face product liability when a defective truck, tire, brake system, coupling device, or other component causes or worsens a collision.
- Other Motorists: In some cases, another driver may be held liable when unsafe conduct forces a trucker to brake suddenly, swerve, jackknife, or lose control.
Because Arkansas is a modified comparative negligence state, multiple parties may bear liability for the same truck accident (Ark. Code Ann. § 16-64-122). As a truck accident victim in Little Rock, you can still recover compensation even if you are partially at fault for your own accident as long as your culpability is not 50% or higher. Though, if partially at fault, your financial recovery will be reduced proportionally to reflect your degree of blame for the accident.
How Do Federal Regulations Impact Truck Accident Claims?
All commercial trucks that operate in interstate commerce, which includes a substantial share of tractor-trailers in Arkansas, are subject to federal safety regulations. A violation of a federal trucking safety standard could be grounds for a finding of negligence. In other words, it could be the reason that a truck, trucking company, or other party is held liable. Notable federal regulations include:
- Service Hour Limits: Fatigued driving is dangerous driving. Under 49 C.F.R. § 395.3, most commercial truck drivers in Arkansas may drive no more than 11 hours after 10 consecutive hours off duty, and they generally cannot drive beyond the 14th consecutive hour after coming on duty. Drivers must also take a qualifying 30-minute break after eight cumulative hours of driving and comply with applicable 60-hour or 70-hour weekly limits.
- Electronic Logging: Tractor-trailers generally need to be equipped with electronic logging devices. These records help to confirm that truckers are following service hour restrictions. Most drivers who must prepare records of duty status are required to use an electronic logging device. Electronic records could potentially be relevant evidence in an Arkansas truck accident injury claim.
- Driver Qualifications: As a fully loaded tractor trailer can weigh as much as 80,000 pounds, it is crucial a driver is well-qualified. A motor carrier cannot permit a person to operate a commercial truck unless the driver satisfies federal qualification standards. A trucking company’s failure to properly screen or monitor a driver may support a negligence claim after an accident in Arkansas.
- Maintenance Requirements: Under 49 C.F.R. § 396.3, motor carriers must systematically inspect, repair, and maintain their commercial vehicles so that all parts and accessories remain in safe operating condition. Federal law also requires periodic inspections of commercial truck companies.
- Cargo Securement: There are comprehensive cargo securement rules in place under federal law. 49 C.F.R. § 393.100 requires cargo must be contained, immobilized, or secured to prevent it from leaking, spilling, falling, or shifting in a manner that affects the truck’s stability or maneuverability. A trucker, truck company, or other company that is responsible for unsafe loading could potentially be liable for an accident.
FAQs: Why Arkansas Truck Accidents are Complicated
Are multiple insurance policies involved in truck accident cases?
Yes. Multiple insurance policies are implicated in many truck accident cases in Arkansas. Indeed, a commercial truck accident may involve the motor carrier’s primary liability policy, excess or umbrella coverage, separate policies covering the tractor or trailer, and coverage maintained by contractors or other businesses involved in the shipment. A lawyer can help you sort them out.
Does negligence work differently in truck accidents than car accidents?
The concept of negligence is the same, but it can be more complicated to apply to a commercial truck accident. The basic negligence elements remain: duty, breach, causation, and damages. However, commercial trucking cases involve additional duties imposed by federal law and Arkansas law. A tractor-trailer accident should be thoroughly investigated by an experienced attorney.
How long do I have to file a truck accident injury claim in Arkansas?
As with other types of motor vehicle accident claims, truck accident injury cases are generally subject to a three-year statute of limitations in Arkansas (Ark. Code Ann.§ 16-56-105). If you wait too long to take action, you could miss your chance to bring a claim at all. Be proactive: consult with a Little Rock semi-truck accident attorney as soon as possible after a crash.
How much compensation can I expect to recover in a truck accident claim?
It depends. In Arkansas, truck accident injury compensation is generally designed to be compensatory in nature. In other words, your recovery will be related to your actual economic and non-economic damages. Along with other things, you may be able to recover for vehicle repairs, medical expenses, lost wages, pain and suffering, and long-term disability.
Contact Our Little Rock Truck Accident Attorney Today
If you or a loved one has been injured in a collision with a commercial truck, choosing the right attorney matters. Truck accident cases often involve complex federal regulations, multiple parties, and extensive investigation. You deserve an attorney who will communicate with you, prepare your case thoroughly, and provide honest guidance from start to finish.
At Reed Firm, we are committed to excellence in injury representation through preparation, focused advocacy, and direct attorney access. If you would like to discuss your case, call 501-777-7333 or contact us online to schedule a free, no-obligation case review. From our Little Rock office, we represent individuals and families in truck accident cases throughout Arkansas.