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Date: 12-13-2023
Case Style:
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:
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:
Speeding
Distracted driving
Driving under the influence (DUI)
Reckless driving
Failing to yield right of way
Ignoring traffic signals
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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
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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:
Comments: