LITTLE ROCK, AR – In the event of a fatal truck accident in Arkansas, families may pursue a civil wrongful death claim against those responsible, including negligent drivers or trucking companies. Joseph Gates, a highly regarded attorney at Gates Law Firm, PLLC, emphasizes the importance of understanding wrongful death claims, particularly in cases involving commercial vehicles. The Arkansas law stipulates that the personal representative of the deceased’s estate can file such claims on behalf of the bereaved family members.
Gates highlights that according to Arkansas Code 16-62-102, plaintiffs must demonstrate that the defendant breached a duty of care, resulting in a death. This breach can stem from various issues such as driver fatigue, failure to adhere to safety standards, or improper cargo loading. As Gates explains, accountability goes beyond the accident itself; it includes examining underlying factors contributing to the tragedy.
The law requires that the wrongful death lawsuit be initiated by either a personal representative of the deceased or, if no representative is appointed, by the deceased’s heirs. Compensations may be awarded to a range of statutory beneficiaries, including spouses, children, parents, and siblings, and courts are tasked with fairly distributing damages according to the losses experienced by each family member.
Gates stresses that the initial 48 hours following a fatal truck crash are crucial for preserving essential evidence. It is vital to secure data from the truck’s Electronic Control Module and Electronic Logging Devices promptly to avoid the loss of critical information that could support the case. Specialized records such as the Driver Qualification File, maintenance logs, and cargo documents can be key to establishing liability.
Arkansas law divides wrongful death damages into two categories: claims for the estate covering medical expenses and funeral costs, and claims for the family addressing emotional pain, loss of support, and companionship. Notably, Arkansas does not impose a fixed cap on these compensatory damages, allowing families to seek fair reparation for their losses.
Gates advises against communicating with insurance adjusters without legal representation, as their tactics may undermine a claim. Families are encouraged to seek legal counsel as soon as possible to enhance their chances of securing justice and compensation. They must also be aware of the three-year statute of limitations for filing wrongful death claims in Arkansas, as failure to act within this timeframe can result in the loss of the right to pursue legal action.
Gates Law Firm, located in Little Rock, is committed to assisting families who have endured tragic losses in commercial truck accidents. The firm collaborates with experts in accident reconstruction and other fields to ensure thorough representation. For those in need of guidance, Gates Law Firm can be reached at (501) 779-8091.
In light of the support available, families facing such devastating circumstances can find hope in pursuing claims that might lead to closure and financial stability during difficult times.