Who’s wrong in Arkansas truck accidents? How do they determine the liable party? Trucks contribute significantly to the economy of the United States by transporting commodities and products to all of the country’s states and cities. However, these trucks, particularly the larger ones, represent a safety risk to the public and other cars in the area. This post is for you if you’ve ever been in an Arkansas truck accident.
Defining Arkansas Truck Accidents
First of all, let’s define a truck accident. “Truck accident” is described as a collision between a trailer that weighs at least 10,000 pounds or more and another vehicle or a person walking by. According to the federal Department of Transportation, 3,087 persons died in truck and bus accidents in the United States in 2019. When it comes to governing trucking in the United States it is a mixture of state, local, and federal regulations.
Things to Do if you’re Hurt in Arkansas Truck Accidents:
We’ll educate you on what to do if you’re hurt in a truck accident in Arkansas in this blog. We will inform you if you are eligible for reimbursement for your medical costs and charges, whether you require legal assistance, and who is accountable for damages in a truck accident.
Who Is Liable?
The cause of many large-truck collisions is driver error. Additional elements, however, may play a role when it comes to tractor-trailers and other large commercial vehicles. Even if the vehicle’s driver was at fault, determining who is liable for damages when a large truck is involved in an accident can be challenging. That is one of the reasons you should contact an Arkansas truck accident lawyer as soon as possible after colliding with a huge truck.
Employers may be responsible for an employee’s negligence if the negligence was not deliberate and happened in the “course and scope” of the employee’s work obligations, in accordance with a legal principle known as Respondeat Superior which means let the boss answer.
Respondeat superior is more like a “vicarious” obligation. In simpler terms, we can say that it transfers responsibility to the employer of a negligent party. The answers to these questions will determine if the concept applies to a specific truck accident:
- Is the driver working independently or for the company?
- Was the carelessness, accident, and injury within the scope of work of the driver (in case they are working as an employee of a company)?
- Was the incident deliberate or was it inadvertent negligence on part of the driver?
In rare cases, the company that owns the vehicle may be held liable for the driver’s carelessness, but when it comes to contract workers, organizations cannot be held responsible. In cases when the driver is working independently, the “Respondeat Superior” does not apply. In this scenario, the accident will not be the company’s responsibility.
Duties of Truck Driver:
Even if the driver is an employee of a trucking company rather than a contract worker, “respondeat superior” only applies to carelessness that occurs within the scope and course of the driver’s work obligations. Such obligations may be difficult to define. The list of things mentioned below should be taken into consideration:
- The job description for a driver
- Variables in the driver’s negligence: the place, time, and nature of the accident
- The degree to which a driver has discretion over their work obligations
- The truck driver’s intentions at the time of the accident
In a case in which a delivery truck collides with your car, the employer will very certainly be found responsible since the truck driver was acting like an employee in the course and scope of their job.
However, in a situation in which the driver is not doing the organization’s work and takes the company truck and crashes it, the organization is in no way is to be held responsible for that situation. As it falls outside of their scope of work.
Where Do We Come in?
Getting into the process without consulting an accident lawyer will get you in a lot of trouble. Do not sign any insurance paperwork or give any official statements to insurance companies until you have spoken with a truck accident attorney if you get injured in an Arkansas truck accident. In Arkansas, the statute of limitations permits victims of negligence three years to file a lawsuit but waiting that long is foolish as evidence deteriorates with time and your case might get weak. Contact us and we will provide you the counsel and advice you require, fight for your rights, and bring your case to a successful conclusion.