Accident Victims in Arkansas May Be Prevented from Naming Government Defendants in Personal Injury Lawsuits

Most car accidents involve the fault of one or more of the parties involved. Generally speaking, anyone injured in a car accident can file a personal injury lawsuit against the driver they feel was responsible for the accident. However, in some cases, an accident may involve not just the fault of one or more of the parties involved but also a negligently designed or poorly maintained roadway. In many states, lawsuits against state and local governments based on poorly designed or maintained roadways are permitted, but Arkansas’ system of government immunity almost completely eliminates a government’s liability in these situations.

Arkansas law does permit an accident victim to file a personal injury lawsuit against another driver they believe to be at fault for the accident causing their injuries. If successful, the injured party can receive compensation for their past and future medical expenses, lost wages, and any pain and suffering caused by the accident.

As it pertains to claims against the government, Arkansas has a very strict system of government immunity. Arkansas government immunity prevents injured parties from filing personal injury cases against the state and local governments except in some very rare situations.

Arkansas law does permit those injured in an accident to file a claim against the state government through the Arkansas State Claims Commission. If successful, a claim through the Arkansas State Claims Commission can result in actual damages being paid to victims. Of course, given the inability to use the court system, these claims are less preferable than traditional personal injury claims that can be brought against negligent drivers. Accident victims should proceed with care in any claim against a government employee or official, and they may consider naming additional parties they believe to be at fault for their injuries.

Logging Truck Accident in Arkadelphia Injures 88-Year-Old Woman

Earlier this month, an accident between a passenger vehicle and a logging truck resulted in an 88-year-old woman being hospitalized in critical condition. According to a local news source covering the accident, the exact circumstances surrounding the accident have not yet been uncovered, but one witness told police that the woman may have lost control of her vehicle shortly before the collision. An investigation is still underway.

The article notes that the logging truck is one of many that now use the surface streets in Arkadelphia while the new Sun Paper plant is being constructed. Residents of Arkadelphia have expressed their concern over the increased presence of these trucks and the dangers these trucks present to motorists and pedestrians. Residents have requested that the government create a bypass road so that the trucks do not have to use the surface streets. While plans have been developed for a bypass road, government officials believe that they are still several years away from constructing the bypass. In the meantime, drivers will need to take additional precautions around these large trucks.

Have You Been Injured in an Arkansas Truck Accident?

If you or a loved one has recently been injured in an Arkansas truck accident, you may be entitled to monetary compensation. However, due to the strict application of government immunity in Arkansas, it is important that you retain a dedicated personal injury attorney to assist you in the preparation of your case. It may be that there are several potentially responsible parties, and only through a thorough investigation will the facts uncovering this liability become known. The skilled personal injury attorneys at the Pfeifer Law Firm have decades of collective experience in all areas of personal injury law, and we know effective strategies for seeking compensation for our clients. Call 501-374-4440 to set up a free consultation today.

See More Posts:

Supreme Court of Arkansas Finds State-Appointed Custodian Does Not Have Authority To Enter into a Binding Nursing Home Arbitration Agreement, Arkansas Injury Lawyer Blog, January 5, 2017.

Arkansas Supreme Court Discusses Sole-Remedy Provision of Workers’ Compensation Law, Dismissing Plaintiff’s Appeal, Arkansas Injury Lawyer Blog, January 5, 2017.

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