How Is Negligence Determined in an 18-Wheeler Accident?

If you need to file a claim after an 18-wheeler accident in Arkansas, seeking just financial compensation will probably involve proving negligence on the part of the truck driver. While 18-wheeler accidents can have a variety of causes, truck driver negligence is the most common cause by far. 

So, how is negligence determined in an 18-wheeler accident?

Proving negligence is a multi-step process that requires experienced legal representation. With this in mind, the first step is to speak with an 18-wheeler accident lawyer as soon as possible. Once you hire a lawyer to represent you, your lawyer will take the following steps in order to prove negligence and seek just compensation on your behalf: 

7 Steps for Proving Negligence After an 18-Wheeler Accident in Arkansas

1. Conducting an Investigation at the Scene of the 18-Wheeler Accident

Your lawyer will want to send an investigator to the scene of the 18-wheeler accident right away. The investigator will document any physical evidence that may still be at the scene, such as tire marks or vehicle debris). The investigator will document things like traffic signal patterns, traffic conditions, road conditions, and other relevant factors as well.  

2. Examining the 18-Wheeler and Your (or Your Loved One’s) Vehicle 

In addition to examining the crash site, your lawyer will also need to examine the 18-wheeler and your (or your loved one’s) vehicle. This should also take place as soon as possible to ensure that no evidence is lost and that repairs are not made before all relevant damage can be documented.

3. Obtaining Evidence of Negligence from Other Sources 

While the crash site and the vehicles involved in the collision will be key sources of evidence, evidence of negligence may be available from a variety of other sources as well. Depending on the circumstances involved, additional forms of evidence could include:

• The truck driver’s cell phone records 
• The truck driver’s receipts for purchases of alcohol or medications 
• The truck driver’s driving logs 
• The 18-wheeler’s telemetry (or “black box”) date
• Traffic or surveillance camera footage of the crash 

Along with truck driver negligence, trucking company negligence can be to blame in some cases as well. For example, if the truck driver did not have a valid commercial driver’s license, if the driver had a history of incidents, or if the driver had not done well in training, these types of issues could provide grounds to pursue a negligence claim against the trucking company. In this scenario, the truck driver’s employment records and other internal documents could be key evidence of liability. 

4. Addressing Any Potential Concerns About Comparative Negligence 

When seeking to prove truck driver or trucking company negligence after an 18-wheeler accident, it is also important to consider the issue of comparative negligence. Under Arkansas’s modified comparative negligence law, if a truck accident victim is partially responsible for his or her own injuries, this can impact the victim’s (or the family’s) legal rights. After conducting a thorough investigation, your lawyer should be able to identify any potential comparative negligence concerns and help you deal with them if necessary. 

5. Reconstructing the Events Leading Up to the 18-Wheeler Accident 

In many cases, 18-wheeler accident lawyers will use accident reconstruction to piece together the events leading up to a serious or fatal crash. This involves hiring an expert to create a computer simulation of the accident based on the evidence that is available. 

6. Using the Evidence to Prove Negligence in Settlement Negotiations 

With all necessary evidence in hand, your 18-wheeler accident lawyer will enter into settlement negotiations in order to try to convince the at-fault party’s insurance company to accept responsibility and pay the financial compensation you are owed. This could take anywhere from several weeks to several months depending on the complexity of the accident and the issues involved. 

7. Using the Evidence to Prove Negligence in Court if Necessary 

If you don’t receive a fair settlement offer, then proving negligence will involve taking your 18-wheeler accident claim to court. Your lawyer (and the insurance company’s lawyers) will present the available evidence in court, and then the judge or jury will determine if you are entitled to just compensation for negligence under Arkansas law.

Do You Need an Arkansas 18-Wheeler Accident Lawyer? Contact Us for Free Today 

If you need to know more about proving negligence after an 18-wheeler accident in Arkansas, we encourage you to contact us promptly. Personal injury cases involving trucking companies—and their insurers—can be extremely complex and require the knowledge, skill, and resources of a law firm with extensive experience in these matters. Oliver law Firm has built a reputation for excellence in truck accident cases in Arkansas and across the country. We aren’t intimidated by big trucking companies and we don’t back down from a fight.

Contact Oliver Law Firm today online or at 479-202-5200 for a FREE case evaluation. We serve clients throughout Arkansas and throughout the United States from our office in Rogers, AR.