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Issues of Immunity in Arkansas Accidents Involving Government Employees

Proving an Arkansas personal injury case against another driver is not always as straightforward as it may seem. In some cases, this is because determining what happened in the moments leading up to the accident is difficult to impossible, given the injuries sustained by the parties or a lack of available evidence. In other cases, however, it may be relatively easy to determine who was at fault for the accident, but proving that they can be held legally responsible can be an issue.

Windy RoadGovernment Immunity

Accidents involving a government employee can present particular difficulties for victims. This is because as a general rule, government entities and employees are entitled to immunity from personal injury lawsuits. However, in some situations, government immunity does not apply to an employee’s actions. For example, if the government employee is not acting within the scope of their employment, immunity may not attach. Similarly, if a government employee’s actions are intentional or especially reckless, immunity may not apply. Determining whether immunity attaches is highly dependent upon the surrounding circumstances of the accident.

Head-On Collision with Game and Fish Commissioner Claims One Woman’s Life

Earlier last month, an accident between a Game and Fish Commissioner and another motorist claimed one woman’s life. According to a local news report covering the tragic accident, the collision occurred on Highway 165, near Caney Creek. Evidently, the Commissioner and the motorist were heading in opposite directions on Highway 165. At some point, one of the two vehicles crossed over the center median, and the two vehicles collided head-on. The Commissioner survived with minor injuries, but the driver of the other vehicle was killed as a result of the accident.

The Commissioner told police that the other motorist had inexplicably crossed over the center median, and he attributed this to her texting while driving. The Commissioner left the scene of the accident before police arrived. However, he later told police that the responding EMT told him that he could drive himself to the hospital. The victim’s mother thought that it was odd for someone who was just involved in a fatal car accident to leave the scene before police arrived. She retrieved her daughter’s cell phone, and there was no record of texting or talking on the phone. At this point, no charges have been filed, but the case is still under investigation.

Have You Been Injured in an Arkansas Accident?

If you or a loved one has recently been injured in an Arkansas accident, you may be entitled to monetary compensation. While issues of immunity may arise, an experienced car accident attorney may be able to help you overcome government immunity if it does become an issue. Do not assume that you are prevented from recovering compensation for your injuries because another driver or their insurance company tells you that is the case. Instead, contact the Pfeifer Law Firm at 501-374-4440 to schedule a free consultation with a dedicated personal injury attorney to discuss your case. We can help you seek the compensation you deserve.

See More Posts:

Accident Victims in Arkansas May Be Prevented from Naming Government Defendants in Personal Injury Lawsuits, Arkansas Injury Lawyer Blog, March 4, 2017.

Arkansas Court of Appeals Decision Illustrates the Importance of Naming All Potentially Liable Parties in a Personal Injury Lawsuit, Arkansas Injury Lawyer Blog, April 8, 2017.

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