Arkansas Injury Lawyer Blog

Four people were killed and two people were injured November 10 when a tractor-trailer crashed into cars stopped in an Interstate 30 construction zone near Texarkana, Arkansas. The Arkansas truck accident caused a severe explosion. Interstate 30 was closed in both directions after the accident. According to published reports, the truck failed to stop and rammed into several stopped cars in the construction zone.

This truck accident has all the signs of being caused by truck driver fatigue. The Federal Government has established regulations that are designed to remedy driver fatigue. However, statistics show that between 20 - 40 percent of 18-wheeler truck accidents are caused by fatigue. A review of driving logs, cell records, fuel receipts, and other trucking documents will often show if truck driver fatigue was a cause of the Arkansas truck accident. A truck accident lawyer can help the accident victims and their families through difficult circumstances after an accident.

Little Rock, Arkansas has been ranked in the top ten most accident prone cities. According to an article in a popular health magazine, Little Rock ranked fifth in the number of accidents that occur each year. This finding appears to be based upon statistics from the Bureau of Labor, Centers for Disease Control and Prevention and the American Medical Association.

As someone who deals with Arkansas accident victims, this finding is quite troubling. Arkansas accident injuries include car accident injury, on the job injury, slip and fall injury, motorcycle accident injury, truck accident injury, dog bite injury, medical injury, and nursing home abuse injury. Arkansas personal injury victims have a right to have their medical bills paid, lost wages paid, pain and suffering fairly compensated and be fully compensated for their damages.

If you or a family member has suffered a personal injury in Arkansas, please contact an experienced Arkansas personal injury lawyer to make sure your injuries are fully and fairly compensated.

A recent article in the New York Times was disappointing. The story outlined problems with Courts getting enough people to show up for jury duty and the resistance to people wanting to serve on jury duty. This problem has a negative impact on people who suffer a personal injury or car accident in Arkansas. Jurors must be reminded that the Seventh Amendment to the Constitution states:

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

The article points out that angry jurors are a concern for plaintiffs in civil suits because the plaintiff brought the suit and is more likely to be blamed by the jurors for any inconvenience that jury duty caused them. I often remind jurors about their civic duty and thank them for their service. The right to a jury trial should always be cherished.

Jurors are paid a small daily stipend in Arkansas. It may be time to pay them more in accordance with the value of their civic duty. Although most personal injury lawsuits and car accident claims settle before trial, it is necessary to prepare and have the option of trial to keep insurance companies honest. The jury system is used to offer justice to victims of personal injury and negligence claims in Arkansas. If you or a family member has suffered an injury in a car accident, motorcycle accident, truck accident, or other type of personal injury, please contact an Arkansas personal injury attorney to make sure you receive fair compensation for your injuries.

New laws are now in effect that the Arkansas legislature hope will reduce Arkansas traffic accident and personal injuries. A simplified

For drivers under 18:

-No using cell phones while driving.
-Only one minor may be in the vehicle with you unless they are siblings or live with in the same house.
-Driving between 11:00 p.m. and 4:00 a.m. is prohibited, unless driving to or from a school, work or church related activity.

For drivers age 18-21:

-Talking on a cell phone is allowed if a hands-free device is used.

For drivers over 21:

-Using a cell phone to talk is unrestricted.

The laws setting these new restrictions say the first offense will result in a warning, with a possible fine after that.

Arkansas car accidents and truck accidents often occur because drivers are inattentive and careless. These laws are designed to limit traffic accidents caused by teenagers. It is important that teenagers and their parents understand these new laws and the reason for their passage.

Arkansas car accidents take a heavy toll on families and any law designed to lessen the frequency of traffic accidents is important. In the last few years, my law practice has represented many people who were the victim of inattention caused by cell phone use while driving. I work hard making sure victims of Arkansas car accidents receive full compensation for their injuries. If you or a family member has been involved in an Arkansas car accident, please contact an aggressive and experienced Arkansas personal injury lawyer to discuss your legal rights.

Bus companies that the federal government has ordered to stop operating due to serious safety violations frequently change their name and continue to operate.

A Government Accountability Office report which found that unsafe bus companies did not even bother to change their business addresses or phone numbers when they submitted new paperwork to the Federal Motor Carrier Safety Administration.

On August 8, 2008, a bus carrying a group of people crashed in Sherman, Texas, killing 17 people and injuring 15 others. Investigators concluded that the company that operated the bus was the reincarnation of a motor coach company that had been deemed unsafe and ordered out of service by the Federal Motor Carrier Safety Administration two months before the accident.

Arkansas State and federal laws concerning bus operators need to be fully complied with by bus companies. These companies take church and community groups within and out of Arkansas on various trips. It is important that these groups and their members trust the bus companies to transport them safely. If you or a family member has been injured in a bus accident please contact an experienced Arkansas accident lawyer so your rights are fully protected. It is important to contact an Arkansas attorney as soon as possible so a full and complete investigation occurs.

Sixty Arkansas hospitals have applied to receive funding for trauma care that will come from a tobacco tax. As our previous post regarding the Arkansas Trauma system points out, the system is designed to save the lives of Arkansas accident victims. The following is a list of hospitals that have applied to date:

LEVEL 1

Arkansas Children's Hospital, Little Rock
Le Bonheur Children's Medical Center, Memphis, Tenn.
Regional Medical Center, Memphis, Tenn.
St. John's Hospital, Springfield, Mo.
UAMS Medical Center, Little Rock

LEVEL 2

Baptist Health Medical Center, Little Rock
Conway Regional Medical Center, Conway
Jefferson Regional Medical Center, Pine Bluff
St. Joseph's Mercy Health Center, Hot Springs
St. Vincent Infirmary, Little Rock
Saline Memorial Hospital, Benton
Sparks Regional Medical Center, Fort Smith

LEVEL 3

Arkansas Methodist Medical Center, Paragould
Ashley County Medical Center, Crossett
Baptist Health Medical Center, Arkadelphia
Baptist Health Medical Center, Heber Springs
Baptist Health Medical Center, North Little Rock
Baptist Health Medical Center, Stuttgart
Baxter Regional Medical Center, Mountain Home
Christus St. Michael Health System, Texarkana, Texas
Johnson Regional Medical Center, Clarksville
Mercy Medical Center, Rogers
North Arkansas Regional Medical Center, Harrison
North Metro Medical Center, Jacksonville
St. Bernards Medical Center, Jonesboro
St. Edward Mercy Medical Center, Fort Smith
St. John's Hospital, Berryville
St. Mary's Regional Medical Center, Russellville
White County Medical Center, Searcy
White River Medical Center, Batesville

LEVEL 4

Arkansas Heart Hospital, Little Rock
Bradley County Medical Center, Warren
Chicot Memorial Hospital, Lake Village
Community Medical Center of Izard County, Calico Rock
Crittenden Regional Hospital, West Memphis
DeQueen Medical Center, DeQueen
Desha County Hospital, McGehee
Dewitt Hospital, Dewitt
Drew Memorial Hospital, Monticello
Five Rivers Medical Center, Pocahontas
Forrest City Medical Center, Forrest City
Fulton County Hospital, Salem
Helena Regional Medical Center, Helena-West Helena
Hot Spring County Medical Center, Malvern
Howard Memorial Hospital, Nashville
John Ed Chambers Memorial Hospital, Danville
Lawrence Memorial Hospital, Walnut Ridge
Little River Memorial Hospital, Ashdown
Mena Regional Health System, Mena
Mercy Hospital Turner Memorial, Ozark
Mercy Hospital, Waldron
NEA Baptist Memorial Hospital, Jonesboro
North Logan Mercy Hospital, Paris
Ouachita County Medical Center, Camden
Ozark Health Medical Center, Clinton
Physician's Specialty Hospital, Fayetteville
Piggot Community Hospital, Piggott
Pike County Memorial Hospital, Murfreesboro
River Valley Medical Center, Dardanelle
St. Anthony's Medical Center, Morrilton
St. Vincent - North, Sherwood
Stone County Medical Center, Mountain View

The new Arkansas Trauma system should save lives of Arkansas personal injury victims and decrease the delay in treatment of catastrophic injuries from car accidents, motorcycle accidents, workplace accidents, train accidents, and other types of personal injuries. If you or a loved one has been the unfortunate victim of an accident in Arkansas, please contact an experienced Arkansas injury lawyer to discuss your legal rights so you can receive compensation for pain and suffering, medical bills, and lost wages.

The Arkansas Supreme Court declared a portion of the 2003 tort reform law unconstitutional. The Arkansas Court found that the law violates the Arkansas Constitution separation of powers clause.

The Arkansas Justices decided questions over the provisions regarding the negligence or fault of non-parties when considering liability and regarding evidence of damages for the costs of necessary medical care, treatment, or services.

This is a very important decision for Arkansans who suffer a personal injury. This change will stop the negligent party from escaping liability by blaming a non-party for the personal injury. The decision also allows an personal injury victim to recover the full amount of damages in a Arkansas personal injury lawsuit. The case will help Arkansas accident victims receive reasonable personal injury settlements. If you or a family member has suffered a personal injury please contact an experienced Arkansas personal injury lawyer as soon as possible to make sure your rights are protected.

The Arkansas Legislature passed a bill in 2009 that would amend current law and requires law enforcers to conduct testing for the presence of drugs and alcohol in drivers who were involved in fatal or potentially fatal car accidents.

Act 423 requires that law enforcers subject a driver involved in an accident “in which death has occurred or is likely to occur” to a “chemical test of the blood, breath or urine”. The results of the test may be used for prosecution purposes and are to be conducted regardless of whether the surviving driver appears to be under the influence of intoxicating or illegal substances or not. A test will also need to be conducted regardless of whether the suspected erring driver is critically injured or not.

Unfortunately, driving under the influence of drugs or alcohol leads to very serious car accidents. If you or a loved one has been injured in a car accident or truck accident involving alcohol or drugs it is important to contact an experienced Arkansas personal injury lawyer to discuss your rights.

The driver of the 18-wheeler flipped his semi-truck because he fell asleep behind the wheel. This truck accident occurred on Interstate 540 in Northern Arkansas. A news story concerning the accident included a quote from a truck diver that is all too common. He said, "It's easy to fall asleep. I've done it myself. I'm not going to lie. It's all because we have to make a destination."

The Federal Government has established regulations that are designed to remedy driver fatigue. However, statistics show that between 20 - 40 percent of 18-wheeler accidents are caused by fatigue. Truck drivers are often forced to skirt the rules by the trucking company's desire for profit. It is important to hold them accountable if this occurs.

Truck Accidents in Arkansas happen too often and usually involve catastrophic injury or death. When an accident occurs, it is important to conduct a full and detailed investigation into the cause. To handle this investigation and possible litigation, it is important to contact an Arkansas truck accident lawyer as soon as possible.

A bill was signed into law by Gov. Mike Beebe creating an Arkansas trauma system. The bill is meant to speed up how quickly trauma patients in Arkansas get the medical care they need. This is a huge victory for people who suffer a personal injury in a car accident, work accident, or other catastrophic injury. It is expected to save many lives and prevent people from becoming permanently disabled from an injury.

Hospitals will be designated as Level I-IV trauma centers. Level 1 trauma centers will provide the highest level of care and be able to care for the most seriously injured. The level IV centers will be designed to provide initial care and stabilize the injured patient. It is hoped this trauma system can be organized in the next year or two. As an Arkansas personal injury attorney who handles car accident, and other injury cases, I am hopeful that it will be in place soon.

According to new statistics from the Centers for Disease Control, Arkansas is the third most dangerous state for driving. The average annual motor vehicle-related death rate was highest in Mississippi (31.9 per 100,000 population), followed by Wyoming (27.7), Arkansas (25.6), Montana (25.6), and Alabama (25.1). The study also found that men are twice as likely to be killed in an auto accident than women. According to the Community Guide of the Centers for Disease Control, motor vehicle related injuries kill more children and young adults than any other single cause in the United States and are the leading cause of death from injury for people of all ages.

The CDC claims proper use of lap and shoulder belts can reduce the chance of death in a traffic accident by 45 percent, and the likelihood of serious injury by 50 percent. In my practice, I have seen numerous times when a seat-belt saved a life. I have also reviewed cases where seat-belt and airbag malfunctions proved catastrophic. Car accident injuries continue to be a serious problem in Arkansas. Although seat-belt use cannot fully protect against injury, it is an important tool that we should all use. Please wear your seat-belt and if you would like to speak with an attorney about a recent car accident, please contact a car accident attorney today to guarantee your rights are protected.

Arkansas is the only state without a trauma center to deal with people who suffer a personal injury. Currently, the Arkansas Legislature is debating a plan to institute a trauma system. Unfortunately, a similar plan was defeated in 2007. Hopefully, this will not happen again.

According to government statistics, 15,000 people are hospitalized with injuries in Arkansas. Of those, 2,000 people die from their personal injuries and 6,000 suffer permanent disabilities each year. Arkansas has the third highest death rate in the country from motor vehicle accidents. According to the U.S. Centers for Disease Control and Prevention, there are 25 deaths per 100,00 people annually in the state compared to a national average of 15.2 per 100,000.

It is time that the Arkansas Legislature act and develop a trauma system to help people who suffer a personal injury in Arkansas. State health officials state publicly that a trauma system would prevent an estimated 2,000 disabilities and save 200-600 lives of Arkansans who don't get appropriate care fast enough.

In my personal injury law firm, I have seen clients transferred from one hospital to the next to get to a hospital that can handle their injuries. I also have clients that were forced to travel hundreds of miles to get appropriate medical treatment for their personal injuries. In the proposed trauma-system bill, hospitals and emergency rooms would be linked statewide ensuring that the trauma patients are taken from the accident scene directly to the closest facility that is best able to treat the specific injuries. This will save valuable time in the treatment of personal injuries.

Four students from the Pine Bluff School District were taken to Jefferson Regional Medical Center for injuries after an accident involving the school bus they were riding on.

Police said the bus was northbound on Main Street near 27th Avenue when it ran off the road, hit a culvert, then came back on the road and struck a utility pole in front of Carpet Barn before finally coming to rest at 27th and Main.

The driver of the bus reported that he moved the bus over to avoid a vehicle that was southbound and slipped off the road. Police report that an investigation into the accident is continuing and Hines was issued a citation for failure to maintain control.

Under Arkansas law the school district's insurance company can be held responsible for the injuries sustained in this accident. If you or a family member is injured in a bus accident, it is important to contact an attorney to discuss your legal options and determine the insurance coverages that may be available to help.