Arkansas Injury Lawyer BlogNew laws are now in effect that the Arkansas legislature hope will reduce Arkansas traffic accident and personal injuries. A simplified
For drivers under 18:
-No using cell phones while driving.
Articles Posted in Truck Accidents
Unsafe Bus Companies – An Accident Waiting to Happen in Arkansas
Bus companies that the federal government has ordered to stop operating due to serious safety violations frequently change their name and continue to operate.
A Government Accountability Office report which found that unsafe bus companies did not even bother to change their business addresses or phone numbers when they submitted new paperwork to the Federal Motor Carrier Safety Administration.
On August 8, 2008, a bus carrying a group of people crashed in Sherman, Texas, killing 17 people and injuring 15 others. Investigators concluded that the company that operated the bus was the reincarnation of a motor coach company that had been deemed unsafe and ordered out of service by the Federal Motor Carrier Safety Administration two months before the accident.
Arkansas Hospitals Apply for Trauma System
Sixty Arkansas hospitals have applied to receive funding for trauma care that will come from a tobacco tax. As our previous post regarding the Arkansas Trauma system points out, the system is designed to save the lives of Arkansas accident victims. The following is a list of hospitals that have applied to date:
LEVEL 1
Arkansas Children’s Hospital, Little Rock Le Bonheur Children’s Medical Center, Memphis, Tenn.
Arkansas Accident Victims Win in Supreme Court
The Arkansas Supreme Court declared a portion of the 2003 tort reform law unconstitutional. The Arkansas Court found that the law violates the Arkansas Constitution separation of powers clause.
The Arkansas Justices decided questions over the provisions regarding the negligence or fault of non-parties when considering liability and regarding evidence of damages for the costs of necessary medical care, treatment, or services.
This is a very important decision for Arkansans who suffer a personal injury. This change will stop the negligent party from escaping liability by blaming a non-party for the personal injury. The decision also allows an personal injury victim to recover the full amount of damages in a Arkansas personal injury lawsuit. The case will help Arkansas accident victims receive reasonable personal injury settlements. If you or a family member has suffered a personal injury please contact an experienced Arkansas personal injury lawyer as soon as possible to make sure your rights are protected.
Arkansas Car Accident Drug Testing
The Arkansas Legislature passed a bill in 2009 that would amend current law and requires law enforcers to conduct testing for the presence of drugs and alcohol in drivers who were involved in fatal or potentially fatal car accidents.
Act 423 requires that law enforcers subject a driver involved in an accident “in which death has occurred or is likely to occur” to a “chemical test of the blood, breath or urine”. The results of the test may be used for prosecution purposes and are to be conducted regardless of whether the surviving driver appears to be under the influence of intoxicating or illegal substances or not. A test will also need to be conducted regardless of whether the suspected erring driver is critically injured or not.
Unfortunately, driving under the influence of drugs or alcohol leads to very serious car accidents. If you or a loved one has been injured in a car accident or truck accident involving alcohol or drugs it is important to contact an experienced Arkansas personal injury lawyer to discuss your rights.
Arkansas Truck Accident
The driver of the 18-wheeler flipped his semi-truck because he fell asleep behind the wheel. This truck accident occurred on Interstate 540 in Northern Arkansas. A news story concerning the accident included a quote from a truck diver that is all too common. He said, “It’s easy to fall asleep. I’ve done it myself. I’m not going to lie. It’s all because we have to make a destination.”
The Federal Government has established regulations that are designed to remedy driver fatigue. However, statistics show that between 20 – 40 percent of 18-wheeler accidents are caused by fatigue. Truck drivers are often forced to skirt the rules by the trucking company’s desire for profit. It is important to hold them accountable if this occurs.
Truck Accidents in Arkansas happen too often and usually involve catastrophic injury or death. When an accident occurs, it is important to conduct a full and detailed investigation into the cause. To handle this investigation and possible litigation, it is important to contact an Arkansas truck accident lawyer as soon as possible.
Injured Arkansans to Get Trauma System
A bill was signed into law by Gov. Mike Beebe creating an Arkansas trauma system. The bill is meant to speed up how quickly trauma patients in Arkansas get the medical care they need. This is a huge victory for people who suffer a personal injury in a car accident, work accident, or other catastrophic injury. It is expected to save many lives and prevent people from becoming permanently disabled from an injury.
Hospitals will be designated as Level I-IV trauma centers. Level 1 trauma centers will provide the highest level of care and be able to care for the most seriously injured. The level IV centers will be designed to provide initial care and stabilize the injured patient. It is hoped this trauma system can be organized in the next year or two. As an Arkansas personal injury attorney who handles car accident, and other injury cases, I am hopeful that it will be in place soon.
Arkansas Ranks Third In Car Accident Death Rate
According to new statistics from the Centers for Disease Control, Arkansas is the third most dangerous state for driving. The average annual motor vehicle-related death rate was highest in Mississippi (31.9 per 100,000 population), followed by Wyoming (27.7), Arkansas (25.6), Montana (25.6), and Alabama (25.1). The study also found that men are twice as likely to be killed in an auto accident than women. According to the Community Guide of the Centers for Disease Control, motor vehicle related injuries kill more children and young adults than any other single cause in the United States and are the leading cause of death from injury for people of all ages.
The CDC claims proper use of lap and shoulder belts can reduce the chance of death in a traffic accident by 45 percent, and the likelihood of serious injury by 50 percent. In my practice, I have seen numerous times when a seat-belt saved a life. I have also reviewed cases where seat-belt and airbag malfunctions proved catastrophic. Car accident injuries continue to be a serious problem in Arkansas. Although seat-belt use cannot fully protect against injury, it is an important tool that we should all use. Please wear your seat-belt and if you would like to speak with an attorney about a recent car accident, please contact a car accident attorney today to guarantee your rights are protected.
Arkansas Trauma Center Needed
Arkansas is the only state without a trauma center to deal with people who suffer a personal injury. Currently, the Arkansas Legislature is debating a plan to institute a trauma system. Unfortunately, a similar plan was defeated in 2007. Hopefully, this will not happen again.
According to government statistics, 15,000 people are hospitalized with injuries in Arkansas. Of those, 2,000 people die from their personal injuries and 6,000 suffer permanent disabilities each year. Arkansas has the third highest death rate in the country from motor vehicle accidents. According to the U.S. Centers for Disease Control and Prevention, there are 25 deaths per 100,00 people annually in the state compared to a national average of 15.2 per 100,000.
It is time that the Arkansas Legislature act and develop a trauma system to help people who suffer a personal injury in Arkansas. State health officials state publicly that a trauma system would prevent an estimated 2,000 disabilities and save 200-600 lives of Arkansans who don’t get appropriate care fast enough.
Arkansas School Bus Accident
Four students from the Pine Bluff School District were taken to Jefferson Regional Medical Center for injuries after an accident involving the school bus they were riding on.
Police said the bus was northbound on Main Street near 27th Avenue when it ran off the road, hit a culvert, then came back on the road and struck a utility pole in front of Carpet Barn before finally coming to rest at 27th and Main.
The driver of the bus reported that he moved the bus over to avoid a vehicle that was southbound and slipped off the road. Police report that an investigation into the accident is continuing and Hines was issued a citation for failure to maintain control.