How Do I Know If I Have a Valid Truck Accident Case?

If you have been involved in a serious collision, one of the first questions you may have is whether you have a valid truck accident case. Truck accidents often leave victims and their families facing substantial losses. As a result, it is essential that these victims and families find out if they have a valid truck accident case. If they do, they can seek to hold the at-fault party (or parties) fully accountable for their financial and non-financial losses. 

How do you know if you have a valid truck accident case? Making this determination requires a thorough investigation, which requires experienced legal representation. Once your lawyer has collected the available evidence, then your lawyer will be able to determine if you have grounds to pursue legal action. 

5 Key Questions for Determining if You Have a Valid Truck Accident Case in Arkansas 

After collecting the available evidence, your lawyer will analyze several key questions to determine if you have a valid truck accident case. This includes questions such as: 

Was the Truck Driver at Fault?

Truck driver negligence is a leading cause of truck accidents in Arkansas. If the truck driver was speeding or distracted, if the truck driver fell asleep behind the wheel, or if the truck driver was tailgating or braked too late, these are all issues (among many others) that could entitle you to just compensation. 

In most cases, when a truck driver was at fault in a truck accident, seeking just compensation will involve pursuing a case against the truck driver’s employer (i.e., the trucking company). Under Arkansas law, employers can be held fully liable for their employees’ negligence within the scope of their employment. 

Was the Trucking Company at Fault? 

While trucking companies can be held liable for their truck drivers’ negligence, they can also be held directly liable for victims’ and families’ losses in many cases. If the trucking company was at fault in your (or your loved one’s) accident, this could also provide clear grounds to pursue just compensation under Arkansas law. 

Hiring unqualified drivers, inadequate truck maintenance, and forcing drivers to spend too many hours behind the wheel are just a few examples of issues that can give rise to claims against trucking companies in Arkansas. When you hire a lawyer to investigate your (or your loved one’s) truck accident, these are all issues that your lawyer will consider. 

Do You Have a Claim Against the Truck’s Manufacturer?

Sometimes, truck accidents happen because of problems that existed when the truck left the factory. These types of problems are known as “defects,” and truck manufacturers can be held strictly liable for defect-related accidents. 

The fact that truck manufacturers can be held strictly liable means that proof of negligence isn’t required. As a result, even if the truck manufacturer was unaware of the defect, you could still have a valid truck accident case. 

Do You Have a Claim Against the Company that Loaded the Truck’s Cargo?

Cargo-related issues are also common causes of truck accidents. If your (or your loved one’s) accident happened because the truck’s cargo broke loose or shifted in transit, you could have a valid truck accident case in this scenario as well. 

In this scenario, the company that loaded the truck’s cargo would generally be liable for your losses. While this might be the trucking company, it could also be a different company that loaded a shipping container or that loaded heavy cargo directly onto the truck. 

Is Another Party Legally Responsible for the Truck Accident?

While truck driver negligence, trucking company negligence, truck defects, and cargo-related issues are all among the most common causes of truck accidents, these are by no means the only possible causes. Road defects, other drivers’ negligence, and various other issues can lead to serious and fatal truck accidents as well. If another party is legally responsible for your (or your loved one’s) truck accident, your lawyer can use the available evidence to seek to hold this party fully accountable. 

If the answer to any of these questions is, “Yes,” then you may have a valid truck accident case under Arkansas law. To protect your legal rights, you will need to take action promptly—and you will want to schedule a free consultation with an experienced truck accident lawyer as soon as possible. 

Talk to a Truck Accident Lawyer for FREE

Determining whether you have a valid truck accident case takes more than a quick review of the facts. It requires a detailed investigation, a clear understanding of Arkansas law, and the ability to stand up to trucking companies, insurers, and their legal teams. At Oliver Law Firm, we have decades of experience handling complex truck accident claims, uncovering the truth, and fighting for the full compensation our clients deserve.

Call (479) 202-5200 or contact us online now to schedule your FREE case evaluation with an experienced Arkansas truck accident lawyer. There is no cost to you unless we win your case.