Generally, when people hear about a truck accident, they may automatically assume that the truck driver is responsible for the crash. Truck drivers with a Commercial Driver’s License (CDL) are supposed to exercise more caution on the road due to the size and weight of their vehicles. However, that doesn’t mean they can’t be victims of another driver on the road. Every year, thousands of CDL drivers in Texas face severe injuries due to the negligent actions and omissions of careless car drivers. Can a CDL driver sue and obtain compensation after an accident in Texas? Our Fayetteville truck accident lawyer, Ken Kieklak, invites you to keep reading as we discuss this critical question.
Common Driving Errors that Cause CDL Truck Drivers to Be Injured in Accidents
Different circumstances can lead to a truck accident in Arkansas. Many variables can cause a truck driver to lose control over their large vehicle, leading to a severe collision. Big commercial trucks and big rigs present unique dangers, especially to other drivers on the road. While it is true truck drivers must be aware of their surroundings when operating their vehicles, other drivers must also exercise caution to avoid an accident.
Many times, seemingly minor errors made by a car driver can lead to a devastating truck accident, especially if a large commercial truck is involved. Some of the most common driver errors leading to CDL driver accident and injuries include:
Improper Lane Changing
Improper lane changes can be hazardous. Most large trucks haul tons of weight on the road. A truck driver must be extra careful to make sure they don’t lose balance, or they may lose control over their vehicle. A sudden, unsafe lane change on the highway can catch a truck driver by surprise, forcing them to take actions that may put them and others at risk.
Improper Lane Merging
Car drivers must exercise extra caution when merging into a highway, especially if there is a large commercial truck close to the merging point. However, many careless drivers merge into the road without taking necessary precautions, which can lead to a devastating crash.
Suddenly Slamming on Brakes
It is critical to reduce your speed gradually when driving, especially on a highway. A sudden slam on the brakes can leave little to no time for other drivers behind to stop safely. This is particularly true for a truck hauling heavy loads driving at highway speeds that might be unable to stop if the driver in front of them brakes suddenly.
There is a generalized misconception that truck drivers are automatically liable for a crash because trucks are bigger and heavier. However, there have been many instances – like the ones discussed above – where other drivers can cause a truck accident.
What Happens when a CDL Driver Has an Accident in Arkansas?
If you are a truck driver involved in an accident caused by another driver in Arkansas, you can file a personal injury claim. Truck drivers have the same rights as any other driver. If they are involved in a negligent driver car accident in Arkansas, they can file a claim and hold the liable parties accountable for their losses.
However, proving your claim against the other driver may not be easy, particularly when you are driving the bigger, heavier vehicle. Thus, it is critical to hire an experienced Arkansas truck accident attorney who can help you justify your compensation with the court.
Typically, as a plaintiff, you have the burden of showing the defendant’s negligence. You can achieve this by providing evidence supporting your claim. With your attorney’s assistance, you should be able to provide the court with evidence showing the liable party owed you a legal duty that was breached, causing your harm and losses.
Once you have successfully proven your case, the court may grant you compensation for all of your losses, including medical expenses, lost wages, and pain and suffering. Furthermore, the court may grant you punitive damages, which is a special type of compensation in cases where the defendant’s actions were found to be extreme, egregious, or wanton.
How Much Compensation Will I Get from My Arkansas Truck Accident Claim?
There is no way to determine a specific amount of compensation. Every personal injury case is different, and the court will address each issue on its own merits. However, your Arkansas truck accident attorney can help you have an idea of how much you can expect from your case. The courts often rely on specific elements to determine the amount of compensation that can represent a defendant’s losses more clearly.
For instance, when determining how much your case is worth, the court will look at factors such as the extent of your injuries, its impact on your life, your medical expenses, and other losses. All elements in your claim – along with your evidence – can help the court assign a specific amount of compensation.
However, it is critical to understand that you only have a limited time to file your claim with the court. This is known as the statute of limitations. Under this legal principle, you have a limited time to file your personal injury claim or risk your case’s dismissal. Under Arkansas law, you have up to three years from the moment of your accident to file your claim.
It is essential to act quickly after your accident and hire an experienced truck accident lawyer. Our Arkansas truck accident lawyers can help you file your claim on time and avoid any mistakes that may hurt your case.
Arkansas Truck Accident Attorney Representing Injured CDL Drivers
If you were injured in a truck accident caused by a negligent driver in Arkansas, we can help. Our Fayetteville, AR personal injury attorney, Ken Kieklak, can help you hold the liable parties accountable for your losses. We know how challenging your situation can be, especially if you are facing severe injuries. That is why we can help you fight aggressively and strategically, to get you the compensation you deserve. Call Ken Kieklak, Attorney at Law, today and schedule your free, confidential consultation. Our phone number is (479) 316-0438.