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Date: 12-13-2023

Case Style:

Phillip Thompson v. Eric Trimble and Old Dominion Freight Line, Inc.

Case Number: 6:18-cv-06111

Judge: Susan O. Hickey

Court: United States District Court for the Western District of Arkansas (Garland County)

Plaintiff's Attorney:

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Defendant's Attorney: Kara B. Miles

Description: Hot Springs, Arkansas personal injury lawyer represented the Plaintiff who sued the Defendant on auto negligence theories claiming to have suffered more than $75,000 in damages and/or injuries as a direct result of a semi-tractor-trailer accident caused by Trimble.

The key elements of Arkansas Auto Negligence Law are:

"Duty of care: Every driver in Arkansas has a duty of care to operate their vehicle safely and follow traffic laws, avoiding actions that could put others at risk. This includes:

Distracted driving
Driving under the influence (DUI)
Reckless driving
Failing to yield right of way
Ignoring traffic signals
Image of Distracted driving Arkansas Opens in a new window
Distracted driving Arkansas
Breach of duty: The injured party must prove that the other driver breached their duty of care, causing the accident and resulting injuries. This can be achieved through evidence like:
Police reports
Witness statements
Accident scene photos
Vehicle damage photos
Medical records
Proximate cause: The breach of duty must be the direct cause of the accident and injuries. Simply showing the driver was negligent isn't enough; you must prove their negligence directly caused the harm.
Damages: If all elements are established, the injured party can seek compensation for various damages:
Medical expenses
Lost wages
Pain and suffering
Property damage
Image of Pain and suffering Arkansas Opens in a new window
Pain and suffering Arkansas
Modified comparative negligence: Arkansas adheres to a modified comparative negligence rule, meaning the injured party's own negligence may reduce their compensation proportionally. For example, if they're 20% at fault, their damages are reduced by 20%. However, exceeding 50% fault bars them from recovering any damages.

Additional Points:

Statute of limitations: Claims in Arkansas have a three-year statute of limitations, starting from the date of the accident.
Legal resources: Consult the Arkansas Bar Association or Arkansas Department of Commerce for guidance and resources.

Specific Scenarios:

Here are some situations where Arkansas auto negligence law might apply:

Car accidents: A driver violating traffic laws and causing a collision could be liable for resulting injuries.
Hit-and-run accidents: The injured party can still pursue compensation through their uninsured/underinsured motorist coverage.
Pedestrian accidents: Drivers have a duty to exercise due care towards pedestrians and are liable for causing injuries due to negligence"

Good Bard

Outcome: 12/13/2023 98 JUDGMENT in favor of Phillip Thompson against Old Dominion Freight Line, Inc., Eric Trimble in the amount of $80,000.00. Signed by Honorable Susan O. Hickey on December 5, 2023. (jlm) (Entered: 12/13/2023)

Plaintiff's Experts:

Defendant's Experts:


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