Springdale Truck Accident Lawyer
Springdale Truck Accident Lawyer
Springdale is known as a logistics hub for the Northwest Arkansas area and is vital in the local supply chain. Not only are there numerous logistics facilities, but there are also large corporations that have headquarters in the area. All of this means that there may be a large number of trucks on local roads and highways. If these trucks are involved in an accident, they have the potential to cause serious injury. A truck accident lawyer can fight for you to receive the compensation you deserve if you have been injured in a crash that was someone else’s fault.
Common Causes of Truck Accidents
Trucks are large and complex vehicles. Everything must go right for a driver to reach their destination safely. However, both truck drivers and trucking companies may cut corners in the name of profits and speed. The following are common causes of truck accidents:
- Speeding / Going above posted limits.
- Distracted driving.
- Drunk driving.
- Inexperienced truck drivers.
- Adverse weather conditions.
- Improperly loaded cargo.
- Poorly maintained trucks.
- Fatigued driving, either because the driver has violated hours of service rules or they are behind the wheel when tired.
How Do I Prove My Truck Accident Case?
Like any other type of personal injury case, you can win your trucking accident lawsuit or claim when you prove that there was someone else who was negligent. In legal parlance, “negligence” means that there was someone who owed you a duty of care and acted unreasonably under the circumstances. All of the common causes of truck accidents listed above could be considered negligence if you have the evidence that proves them.
Since you are the one who is seeking compensation, you must meet your burden of proof. The standard that you must meet in a truck accident case is proving the facts by a preponderance of the evidence. Your truck accident lawyer will gather the proof that you need to win your case.
How Do Trucking Regulations Come Into My Case?
Trucking companies and drivers are governed by a wide body of federal regulations. These rules touch on practically every aspect of driving a truck and operating the company. In many truck accidents, either the driver or the trucking company has done something that would be considered a violation of the regulations.
If you are able to establish that a rule was broken, it may be considered proof of negligence on its own. There is a legal concept called “negligence per se,” and violating a rule often means that the defendant is automatically responsible unless they have a defense, or the insurance company successfully manages to blame you for the accident.
How Does the Truck Accident Legal Process Work?
There are two ways that you can seek compensation for your truck accident injuries:
- You can file a claim directly with the trucking company’s insurance carrier. Here, you would go through an informal process that could potentially result in negotiating a settlement with the insurance company without the need to take your case to court.
- You can file a lawsuit against the trucking company, or any other party who was responsible for your injuries. Filing a lawsuit does not rule out reaching a settlement agreement. You have the option to take your case all the way to trial, where a jury would decide whether the defendant is liable and how much they must pay you.
It is up to you and your truck accident lawyer how you will seek compensation. Even if you file a claim with the insurance company, you can always take your case to court if you believe that you are not getting the results that you want.
Potential Defendants in a Truck Accident Case
The trucking company is the most likely defendant in your legal case. When a trucking company employs a driver, they become legally responsible for the actions that the operator took when they were on the job. This legal principle is known as “respondeat superior,” and it gives you access to deeper pockets that have the ability to pay all your damages.
In addition to the trucking company, you could also file a lawsuit against various other third parties, including the following:
- A third-party maintenance provider who worked on the truck.
- A cargo loader who carelessly loaded the truck.
- The manufacturer of a defective truck part that caused the accident.
- Freight brokers.
- The government, if the accident was caused by problems with the roadway.
How Much Is My Truck Accident Case Worth?
Because you may have been more seriously injured, and you are dealing with a corporate defendant who has deeper pockets, it follows that you may get more money in a truck accident case than you would if you were hurt in a car crash.
If you are able to prove liability, the defendant must pay you both “economic” and “non-economic” damages. ‘Economic’ damages represent your actual financial losses, both in the past and future. ‘Non-economic’ damages represent all of the effects of your physical injuries.
What often magnifies the size of truck accident verdicts is “punitive” damages. Here, a jury wants to send a message to the defendant for egregious actions. In some cases, juries have ordered punitive damages that are so high that they put the trucking company out of business. The prospect of punitive damages can give you leverage in settlement negotiations.
Why Truck Accidents Are Different Than Other Motor Vehicle Accidents
There are numerous reasons why truck accident cases can be more complex than other types of motor vehicle incidents. These reasons include:
- The plaintiff or claimant is often more seriously injured because of the size disparity between the truck and their vehicle.
- There is often a corporate defendant involved in the case who has more money to pay damages.
- There is often more than one defendant from whom you are seeking compensation.
- The trucking company often acts quickly to defend itself from liability.
- There are more sources of evidence available to you in a truck accident case, and many of them are in the hands of the defendant.
- There are trucking regulations that apply to your case, and they could give you another route to proving negligence.
How a Truck Accident Lawyer Can Help Me
You should never try to handle a truck accident case on your own, given the amount of money that may be on the line. You should always contact an experienced truck accident lawyer immediately after the crash, so they can stand up for your legal rights.
A truck accident lawyer will begin by conducting a full investigation and gathering all available evidence. They will also quantify the damages that you have suffered, so you know how much to seek in compensation. If a truck accident lawyer files a lawsuit on your behalf, they will seek all of the evidence that is in the defendant’s hands.
Contact a Springdale Truck Accident Lawyer at Wilmoth Law Firm to Get the Compensation You Deserve
Commercial vehicle lawsuits involve difficult legal cases, and a Springdale truck accident lawyer at Wilmoth Law Firm is up to the job. To schedule a free consultation, submit our online form or call today at 479-443-8080. Located in Fayetteville, Arkansas, we gladly serve clients in the surrounding areas.
Our Practice Areas
Personal Injury & Motor Accidents
Trucking Accidents
Workers’ Compensation
Civil
Litigation
Criminal Law
Family Law