According to information released by the Arkansas State Police, Douglas Green, a 51-year-old truck driver from Jacksonville, Florida, was killed in a rollover crash in Madison County.

Fayetteville, AR -- (ReleaseWire) -- 03/25/2020 -- A preliminary investigation indicates that the truck went off the road while navigating a sharp left turn, hit a sign, and then rolled over. Based on photographs published by the Huntsville Fire Department, the damage to the truck was extreme. Tragically, Mr. Green was pronounced dead at the scene of the crash.

The Precise Cause of Accident is Still Under Investigation

At the current time, relatively limited public information has been released regarding the precise cause of the accident. At this time, the crash is still under an investigation from law enforcement. As explained by Arkansas truck accident attorney J. Timothy Smith, "Large commercial truck accidents are complicated. These crashes always require a comprehensive investigation. While a police investigation is important, victims and family members of the victim should also retain their own legal counsel who can help them document the collision and gather the evidence needed to pursue financial support." In many commercial truck accident cases, documents and records held by the company—including driver history and inspection/maintenance records—may be relevant.

Large Trucks are Involved in a High Rate of Catastrophic Accidents in Arkansas

Unfortunately, large truck accidents—even if they are only single vehicle crashes—have the potential to cause extraordinary devastation. While truck accidents affect every community, our state sees more than its fair share of catastrophic and fatal truck accidents. The National Highway Traffic Safety Administration (NHTSA) reports that large commercial trucks were involved in 12.3 percent of all fatal motor vehicle accidents reported in Arkansas in 2017. That is significantly above the national average, which is 8.8 percent.

Semi-Truck Rollovers are Especially Dangerous

Semi-trucks may be at a higher risk of rolling over if the trailer is improperly loaded or the vehicle is not frequently inspected or well-maintained. While catastrophic truck accidents can occur for a wide range of different reasons, truck rollovers are very high on the list. Indeed, when a truck rolls over, it is almost invariably a serious crash. Data from the federal government indicates that approximately 3,000 truckers are injured and 300 are killed in rollover accidents every year. Many more people outside of the truck are also injured and killed in these types of accidents.

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

Firefighters put their lives on the line for us every day.

Fayetteville, AR -- (ReleaseWire) -- 03/12/2020 -- Hazards firefighters face are not limited to burning buildings. Even responding to something as simple as an auto accident can place our bravest public servants in harm's way.

Four Marion, Arkansas, firefighters learned this lesson the hard way on March 9, 2020.

Around 7 p.m., the Marion Fire Department responded to the scene of a car crash on I-55. While clearing the scene, a tractor-trailer collided with one of the fire trucks. The four firefighters were inside the truck at the time.

Fortunately, the firefighters were quickly taken to Region One Hospital.

They only sustained minor injuries. In a Facebook post, Marion Fire Chief Woody Wheeless said three firefighters were released from the hospital during the early morning hours of March 10. The fourth firefighter remained at the hospital for further testing. "God was with us for sure," Chief Wheeless said. He added the driver of the semi-truck also suffered minor injuries in the crash.

Fayetteville, Arkansas, truck accident attorney J. Timothy Smith noted that "stopping time" is a common cause of semi-truck and bus accidents on the highways.
"It takes a 40-ton truck significantly more time to come to a complete stop than a 2-ton passenger car. A semi-truck typically requires a stopping distance equal to that of two football fields. But that is only a minimum, not a maximum. The stopping distance increases if the truck is loaded with cargo or there are poor weather conditions."

Smith said while the Marion firefighters were lucky to escape with minor injuries, other truck accident victims are not so lucky.

"Thousands of people die each year in semi-truck and bus accidents. These deaths are often the result of the truck driver's negligence. Some drivers are simply in a hurry to get to their destination. Others are driving too many hours and suffering from fatigue. Whatever the cause, innocent victims often end up paying the price."

Indeed, according to the Federal Motor Carrier Safety Administration, about 4,990 large trucks and buses were involved in fatal crashes in 2017.

This is the last year for which complete data is available. These crashes resulted in 5,005 deaths and approximately 170,000 injuries. Just in Arkansas, there were 53 "multiple-vehicle fatal crashes involving large trucks."

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

A dead person cannot sue. But it is possible for the estate or heirs of a deceased individual to bring certain legal claims.

Fayetteville, AR -- (ReleaseWire) -- 03/02/2020 -- In Arkansas, there are two such claims: a survival action and a wrongful death lawsuit. A survival action refers to the personal injury claims the deceased could have brought if they were still alive. In contrast, wrongful death allows the deceased person's survivors to seek compensation from a negligent party in connection with the death.

On January 31, 2020, a federal judge in El Dorado, Ark., dismissed one attempt to bring both a survival action and a wrongful death lawsuit against John Deere.

The case involved the death of Darryl Jackson, a farmer from Ashley County. On August 28, 2018, Jackson died while harvesting corn. At the time he was using a combine harvester manufactured by John Deere.

In May 2019, Jackson's son, Darryl Gibbs, was named administrator of his father's estate. The probate court determined Gibbs and Leakeasha Spikes were Jackson's only children and heirs. Gibbs proceeded to file a wrongful death and survival claims against John Deere. Specifically, Gibbs alleged the Deere harvester malfunctioned and caused Jackson's death.

One month later, another wrongful death and survival action was filed by Keith Walker.

Walker claimed he was also a child of Jackson. John Deere moved to dismiss Walker's lawsuit, asserting he lacked legal "standing" to bring such claims. U.S. District Judge Susan O. Hickey agreed and granted the motion to dismiss. The original Gibbs lawsuit remains pending.

Fayetteville AR wrongful death lawyer J. Timothy Smith explained why Walker's lawsuit never made it out of the starting gate.

"In Arkansas, only the personal representative or administrator of an estate can bring a survival claim. Here, that was Gibbs, not Walker. Similarly, only the personal representative can file a wrongful death lawsuit. If there is no estate, only then could the heirs–in this case the children of Darryl Jackson–directly file a wrongful death lawsuit."

Smith added it was important for family members to get on the same page before taking legal action.

"Children understandably want to hold negligent companies accountable for the death of a parent. But there are specific procedures that must be followed. An individual child does not have an automatic right to file a lawsuit. Instead, it is important to first establish an estate for the parent and work through a personal representative."

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

Officials continue to investigate the reasons behind a recent Arkansas-bound airplane accident that claimed the lives of the two individuals on board

Fayetteville, AR -- (ReleaseWire) -- 01/24/2020 -- The Northwest Arkansas Democrat-Gazette covered the story in a January 1, 2020 article, stating that a federal investigator from the National Transportation Safety Board (NTSB) arrived to assist local authorities. What officials do know is that the aircraft crashed right after taking off, clipping treetops beyond the airport runway before it nosedived to the ground.

Efforts to determine the causes of the airplane crash may be hampered by the fact that the single-engine craft did not have a black box on it to track in-flight details. As such, officials will not have access to electronic flight data recorder information, including altitude, position, speed, and pilot conversations. An NTSB spokesperson said that the scenario is common for smaller planes, and that some details may be recoverable through cellphones, tablets, GPS units, and other portable devices. It did not appear that wind, fog, rain, or other weather conditions were a factor.

J. Timothy Smith, a founding partner at Elliott & Smith Law Firm in Fayetteville, AR, noted that some of the more common causes of aviation accidents could be behind the recent crash. "Most of the time, human error is to blame. It's easy to point the finger at the pilot, and it's true that the operator's conduct is often a factor. But there may be other negligent parties involved, and their actions could be a cause – even when they're not on board the aircraft." Mr. Smith pointed out a few examples, such as:

Mechanics who do not properly make repairs to a plane's equipment, components, and systems; Ground crew that inspected the craft before departure; Air traffic controllers, which are responsible for directing taxiing, movement on the ground, and issuing landing and takeoff instructions to pilots; Airport designers and developers who created an inherently dangerous layout of runways; and, Many others

Mr. Smith also mentioned another potential party. "Though it's not the case here, when a plane owned by or operated through another entity, aviation accident victims may be able to pursue the individual or company. There's a legal concept called respondeat superior, which holds the principal accountable for an agent's negligence."

The doctrine states that when the agent is performing tasks at the direction of the principal, it's possible to see monetary damages from the principal. It is frequently applied when accidents stem from an employer-employee relationship.

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

An April 16, 2018, Car Accident Led To The Death Of A Man Who Was, Ironically, Participating In A Funeral Procession.

Fayetteville, AR -- (ReleaseWire) -- 01/16/2020 -- The man's death prompted a wrongful death lawsuit against the driver and his employer. Nearly four years later, a federal judge dismissed the lawsuit.

The facts of the case, Watson v. Southwest Arkansas Electric Cooperative Corporation, were fairly straightforward. The victim, Royce Watson, had attended a funeral with his wife in Nash, Texas. After the service, a funeral procession traveled from Nash to Texarkana, Arkansas. The procession had a police escort in Texas up to the Arkansas state line. Thereafter, the funeral director led the procession into Arkansas.

The procession approached the intersection of Old Post Road and Highway 237 in Texarkana and proceeded through a stop sign. At the same time, an employee of the Southwest Arkansas Electric Cooperative drove his company vehicle through the intersection. The Cooperative vehicle collided with Watson's car, killing him.

Watson's widow filed a wrongful death lawsuit. She argued that her husband's vehicle had the right-of-way at the time of the accident because he was traveling in a funeral procession. Arkansas law permits funeral processions to travel without stopping at signals. The defense argued this was not a valid funeral procession, however, as there was no "funeral escort vehicle."

J. Timothy Smith, a truck accident lawyer and partner with Elliott & Smith Law Firm in Fayetteville, Arkansas, explained this lawsuit turned on the color of a light. "A funeral escort vehicle must have flashing or rotating purple lights. In this case, the funeral director who led the procession into Arkansas had what the judge described as 'whitish blue' lights. So by the 'plain language' of the law, the judge said this was not a funeral procession."

As a result, Smith said, Watson did not have the right-of-way when he entered the intersection.

The judge also rejected the widow's argument that the Electric Cooperative's driver was still negligent because he violated company safety regulations at the time of the accident. According to Smith, "The general rule in Arkansas is that a company's internal policy does not create a legal duty to act 'where none exists.' In other words, a company policy cannot hold an employee to a higher standard than what is normally required by Arkansas law."

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

Auto Accidents Will Happen.

Fayetteville, AR -- (ReleaseWire) -- 12/30/2019 -- Though they were once only envisioned in the far-off future or science fiction, vehicles with various automated features are now common on roadways in Arkansas and throughout the US. A December 22, 2019 article from Forbes covered the current status in the auto industry and the advanced technologies that new car shoppers may want to look for in 2020, including artificial intelligence (AI). The author also laid out some of the benefits of self-driving cars, such as fewer traffic hassles, easier parking, and reduced instances of road rage.

IN ADDITION, THE ARTICLE WENT INTO DETAIL ON THE LEVELS OF AUTOMATION INVOLVED WITH SELF-DRIVING CARS. STARTING WITH LEVEL 0, WHICH IS FULL CONTROL BY THE DRIVER, THEY PROGRESS AS FOLLOWS:

Level 1: The lowest end of vehicle automation points to a single system to assist drivers in operating the automobile, such as steering and cruise control.

Level 2: Advanced driver assistance systems (ADAS) can control both steering, speed, and acceleration. However, Level 2 vehicles are not truly self-driving because a human is still behind the wheel, ready to take control at any given moment.

Level 3: Also known as Conditional Driving Automation, Level 3 is similar to 2 in many ways. The technology has the ability to make and act upon decisions, but interaction with a human is still necessary. A driver must be ready to take control if the AI does not complete the task, such as passing a slower vehicle.

Level 4: Vehicles with this level of automation do not require interaction from a human under most circumstances, since the AI can function to avoid a collision or correct a system failure. A driver can manually override at any moment, and the human element is necessary in areas where self-driving vehicles are prohibited.

Level 5: Full driving automation does not require a driver's interaction at all, but these vehicles are not yet available commercially.
ONE ITEM MISSING FROM THE LIST OF BENEFITS OF AUTOMATED VEHICLES IS A REDUCED CHANCE OF FATAL OR INJURY-CAUSING ACCIDENTS.

J. Timothy Smith, a founding partner at Elliott & Smith Law Firm in Fayetteville, AR noted that "Even the highest levels of technology cannot prevent crashes because – while your car may be automated – there are plenty of other vehicles on the road that aren't. Plus, technology isn't 100 percent reliable. The same glitches, viruses, and other issues that are frustrating when you're at your computer can also occur when you're behind the wheel of the car."

As such, though AI and related technologies continue to improve toward Level 5, no amount of automation in self-driving cars can eliminate collisions. Fortunately, liability and other legal concepts will still allow injured victims to seek monetary damages for their losses.

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

Based upon a preliminary investigation by Arkansas State Police, fault will likely not be an issue in a deadly truck crash that claimed the lives of two adults and injured one victim on November 6, 2019.

Fayetteville, AR -- (ReleaseWire) -- 11/13/2019 -- Little Rock, AR NBC news affiliate KARK.com reported that the operator of an 18-wheeler truck crossed the dividing lines while driving eastbound along Interstate 30. The maneuver caused the semi to collide into a police car and a disabled vehicle that the officer had stopped to assist. The driver and passenger in the disabled passenger car were killed, while the police officer also suffered injuries.

Though fault may not be in dispute, there may be many questions regarding how the truck driver's insurance policy will cover the devastating losses of victims.

The police officer may have a claim for truck accident injuries, while the families of deceased victims also suffer. Under the current federal laws, there are certain minimum insurance coverage amounts a trucker must carry, ranging from $300,000 to $5 million. Monetary damages for victims of the recent Arkansas truck crash could easily exceed these amounts. 

Timothy Smith, a founding partner at Elliott & Smith Law Firm in Fayetteville, AR, explained that insurance coverage limits can present challenges for those who file truck collision claims.
"The first thing an insurance adjuster will tell you is that the company is only obligated to pay out to the policy limit, no matter how much the victims' losses. That means victims are losing out on recovering for medical bills, lost wages, pain and suffering, emotional losses, and much more."
Mr. Smith noted that the most experienced personal injury attorneys have developed strategies to overcome these challenges.

"There are ways around insurance policy coverage limits, especially in truck crash claims, where there are multiple players, umbrella provisions, and direct suit options. With the right representation, you can still obtain more than the coverage amount." Specifically, Mr. Smith referred to three legal approaches for fighting insurance policy limits:

When there are several potential parties, it is possible to recover damages from more than one. Truck accident claims may involve the driver, employer, trucking company, and many others.
Larger truck companies may carry umbrella insurance policies, where victims can draw additional amounts as compensation for their losses.
It may be possible to bypass the insurance company and pursue a party directly, in which case insurance policy coverage limits may not apply.

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

The family of an Arkansas man who died in a hit-and-run auto accident received unfortunate news recently.

Fayetteville, AR -- (ReleaseWire) -- 09/18/2019 -- The El Dorado News-Times covered the story in an article dated September 5, 2019, reporting on a development in the criminal case involving allegations of fleeing the scene. The special prosecutor announced that he was dropping the charges against the woman less than one month before the matter was scheduled for trial.

The special prosecutor assigned to the case by officials in Little Rock, AR stated that the case was weak. The incident was nothing more than an unfortunate accident, so he was unlikely to secure a conviction. Plus, the defendant would probably not serve any prison time for the crime of fleeing the scene. She had no criminal history and believed she hit a deer when she struck the victim. The 27-year-old woman faced up to six years in prison if convicted.

The news was devastating for the decedent's family, who sought justice in the death of their loved one. However, J. Timothy Smith, a founding partner at Elliott & Smith Law Firm in Fayetteville, AR, pointed out that survivors have other legal options through a civil lawsuit. "Many personal injury cases stem from criminal charges, but it's important to remember that these are two separate proceedings. The results of the criminal case don't always have a direct impact on the civil case."

Under Arkansas law, a victim of an auto collision or other personal injury accident can still recover monetary damages, even if the criminal case results in an acquittal. The same concept applies in wrongful death action when surviving family members are seeking compensation for the loss of a loved one.

Mr. Smith noted a key advantage in pursuing the at-fault party in a civil case. "The burden of proof is lower in civil court as compared to criminal cases. You don't have to prove guilt beyond a reasonable doubt. The applicable standard is 'preponderance of the evidence,' which means that it's more likely than not that the defendant's negligent conduct caused the accident. Think of it as a 50-50 burden of proof."

If successful in a civil action for wrongful death, the family may be able to recover a range of damages based upon the extensive implications of the decedent's death. It is possible to obtain compensation for loss of guidance, companionship, support, and consortium, as well as out-of-pocket costs for funeral, burial, and medical treatment.

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

Fayetteville, AR -- (ReleaseWire) -- 09/17/2019 -- The Arkansas Democrat-Gazette covered the story in a September 6, 2019 article, stating that the three-vehicle collision occurred when the defendant failed to stop at a traffic signal. Most of those involved in the crash were treated for minor injuries, except for one victim who died from his injuries after being transported to Northwest Medical Center-Bentonville.

POLICE SUSPECTED THE INVOLVEMENT OF ALCOHOL WHEN THEY ARRIVED ON THE SCENE OF THE CRASH TO INVESTIGATE.

One officer reported that he could smell alcohol on the defendant's breath, and a paramedic treating him also noted a high level of intoxication. Based upon these suspicions, police obtained and analyzed a blood sample, which revealed the defendant had a blood alcohol content (BAC) of 0.20 percent; the legal limit in Arkansas is 0.08.

AFTER BEING ARRESTED FOR VEHICULAR MANSLAUGHTER BY DRUNK DRIVING, THE MAN ACCEPTED A PLEA BARGAIN FOR NEGLIGENT HOMICIDE.

He was sentenced to 13 years in prison, which he will serve in Benton County. This last phase of the case brings some closure to the victim's family, but they no doubt suffer lingering effects from the loss of their loved one.

Fortunately, the victim's family may have legal options to recover compensation through a wrongful death action. Arkansas law allows survivors to seek monetary damages for loss of consortium, guidance, education, financial support, and other services. They can also obtain amounts for the decedent's funeral costs and medical expenses.

HOWEVER, THE FAMILY MAY ALSO BE ENTITLED TO PURSUE A CLAIM FOR PUNITIVE DAMAGES.J. TIMOTHY SMITH, A FOUNDING PARTNER AT ELLIOTT & SMITH LAW FIRM IN FAYETTEVILLE, AR, EXPLAINED IN MORE DETAIL.

"While damages in most negligence-based cases are intended to compensate a victim for their losses, punitive damages are meant to punish the wrongdoer for outrageous misconduct."

UNDER THE ARKANSAS STATUTE ON PUNITIVE DAMAGES, A PLAINTIFF CAN OBTAIN AMOUNTS ABOVE AND BEYOND COMPENSATION BY PROVING THE PRESENCE OF AGGRAVATING FACTORS.

The key is presenting proof that the defendant knew or should have known that his or her actions would probably result in injuries, and that person recklessly disregarded the risks. Mr. Smith noted, "Punitives may be available in drunk driving accidents, because the defendant's actions often rise to the level of reckless disregard under the circumstances."

If successful in proving entitlement to punitive damages, a claimant may be able to recover the greater of $250,000 or three times the compensatory damages up to $1 million.

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

Arkansas officials have safety recommendations for drivers through the “Flashing Red. Kids Ahead” Campaign.

Fayetteville, AR -- (ReleaseWire) -- 08/09/2019 -- With children throughout the state heading back to class within the next few weeks, the timing is right for the Arkansas Division of Elementary and Secondary Education to raise awareness about school bus safety. The "Flashing Red. Kids Ahead." campaign is a reminder of what the blinking lights mean for motorists sharing the road with buses. Yellow indicates that drivers should use caution around pedestrians, especially younger children and anyone using nearby crosswalks. Red lets them know to stop immediately until the bus removes the traffic signs and indicates drivers can proceed.

Parents, school administrators, law enforcement, and other officials throughout Arkansas officials rely on school bus flashing lights to alert drivers that children are present. Still, despite these efforts, hundreds of children are hurt or killed in accidents. Many of these incidents are the result of driver negligence, such as speeding, failure to yield, and other violations of Arkansas traffic laws. Distracted driving continues to be a problem in the state and across the US, despite the criminal and civil penalties.

J. Timothy Smith, a founding partner at Elliott & Smith Law Firm in Fayetteville, AR, had some additional insight. "Parents must do their part to educate children about school bus safety. Accidents are most common when kids are getting on or off the bus. They're not as common when the vehicle is in traffic, which comes as a surprise to some. Children need to understand the buses can be dangerous, and that they need to follow instructions by school officials around buses."

In Arkansas, it is possible to recover damages when a child is injured in a school bus accident. A family can obtain compensation for medical expenses and the lost wages for a parent who misses work to care for the child. There are also legal options when a child dies because of negligence in a school bus accident. Potential parties may include:

? The school bus driver;
? The company that employs the operator of the bus;
? School administrators, teachers, and other staff who fail to properly monitor children getting on and off the bus;
? Another driver who may be at fault for causing a school bus accident; and,
? Many others.

To avoid accidents, Arkansas officials recommend that parents have a conversation with children about school bus safety before heading back to class. Though flashing lights can lead to fewer accidents, children need to know they can protect themselves from injury.

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

One individual was killed, and two other people were seriously injured after a motor vehicle crash in Eastern Arkansas.

Fayetteville, AR -- (ReleaseWire) -- 08/02/2019 -- Fox News covered the story, reporting that the incident occurred around 8:00 p.m. on June 26, 2019. Arkansas State Police Troopers investigating the crash said that one victim was pronounced dead at the scene, while the two injured individuals were transported to a local hospital for emergency care. The causes of the accident and the condition of the surviving victims were unknown. Even as the investigation continues, the deceased victim's surviving loved ones may already be considering their legal options.

One remedy may be to file a wrongful death claim, which is similar to a personal injury case in that the allegations are usually based upon careless or reckless acts. For a negligence-based car accident, a claimant must prove that the responsible party breached the duty to drive carefully, which directly led to the crash. However, wrongful death cases are different because the victim has died. Instead, certain surviving family members may have the right to compensation for their own losses.

J. Timothy Smith, a founding partner at Elliott & Smith Law Firm in Fayetteville, AR, explained wrongful death cases in more detail. "In Arkansas, the personal representative of the deceased person's estate has legal standing to file a claim. Whether that's someone named in the will or appointed by a probate court, the personal representative is the one with the power to act. He or she brings the wrongful death case for the benefit of the surviving spouse, children, parents, siblings, or other relatives." 

Mr. Smith noted that there are some misconceptions about how these cases work. "Many people don't realize that personal injury matters, including wrongful death actions, typically start off by filing an insurance claim. Motorists in Arkansas are required to carry minimum amounts of auto insurance coverage to protect against exactly this kind of situation." 

In a fatal auto accident claim, the personal representative would seek damages for the losses suffered by surviving family members. Examples include loss of the deceased individual's income, guidance, and contribution to the household. Mr. Smith pointed out that the claims process is far more complex than some claimants expect. "People need to realize the importance of retaining an experienced lawyer in a wrongful death case. They think they can handle themselves because it's not actually in court. This is a mistake – an insurance claim is still a legal matter and there's a lot at stake for your rights." 

He added that wrongful death cases may also arise out of other circumstances, such as a slip and fall on property, defective products, medical malpractice, and many more.

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

A helping hand turned into tragedy on June 4, 2019 for a 25-year-old pedestrian was fatally struck by a vehicle in Eastern Arkansas.

Fayetteville, AR -- (ReleaseWire) -- 06/19/2019 -- The victim had parked on Interstate 55 and was walking along the shoulder to approach a semi truck that had crashed. According to the Arkansas State Police report, the truck had toppled onto its passenger side, prior to the pedestrian accident. The deceased was attempting to help the trapped driver out of the truck when he was hit by a passenger vehicle. His death adds to the list of more than 190 people who have died in traffic crashes in Arkansas so far in 2019.

However, the statistics on pedestrian deaths are even more disturbing than the total number of fatalities overall.

According to a report published by the Governors Highway Safety Association (GHSA), an estimated 6,227 pedestrians were killed in accidents in 2018. That figure represents the highest number of deaths to people on foot in more than 30 years. In the last decade alone, pedestrian fatalities have increased 35 percent.

Researchers noted that, even as vehicle occupants are safer due to advancements in safety technology, the threat of serious or fatal injuries to pedestrians has not changed. Automakers continue to bolster the strength and structural integrity of the front ends of vehicles. Most pedestrians are struck at this forward section, giving them little chance of survival.

Speeding, drinking and driving, and failure to yield top the list of risk factors.

The GHSA report states that the vast majority of pedestrian fatalities – more than 90 percent – occur at night. Many happen away from intersections, where crosswalks are lacking and lighting is limited. To some, these factors seem to indicate that fatalities are inevitable for the victim on foot. J. Timothy Smith, a founding partner at Elliott & Smith Law Firm in Fayetteville, AR, disagrees. "Just because pedestrian accidents seem inevitable doesn't mean they're not preventable. Negligence is the problem, and it may not be as outwardly obvious as drunk driving. Motorists can be careless or don't expect to see someone walking along the shoulder of a highway."

In addition, Mr. Smith pointed out the dangers of distracted driving in pedestrian accidents.

"Despite laws and a massive PR campaign to raise awareness, too many motorists are still using their phones while behind the wheel." A notorious hypothetical proposed by the National Highway Traffic Safety Administration indicates that it takes a driver an average of 3-5 seconds to read or send a text message. Traveling 55 miles per hour, that is the equivalent of driving the length of a football field while blindfolded.

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

A fiery truck accident along Interstate 40 near West Memphis, AR killed one individual and injured others on March 22, 2019, according to a report from Fox News Channel 13.

Fayetteville, AR -- (ReleaseWire) -- 03/29/2019 -- The crash occurred before 9 am and involved a FedEx tractor trailer and one other large truck. As Arkansas State Police continue their investigation; FedEx issued a statement to loved ones of the victims. They also indicated the intent to fully cooperate with authorities.

Injured victims may have a claim in a truck accident. However, many people have questions about their rights when a loved one is killed in such an incident. Surviving family members suffer losses beyond the grief and emotional implications. The financial strain can be overwhelming as bills pile up; at a time when the deceased can no longer contribute to the household.

J. Timothy Smith, a founding partner at Elliott & Smith Law Firm in Fayetteville, AR, focuses on deadly 18-Wheeler tractor-trailer collisions and large truck accidents. "Many people don't realize that they do have rights when a loved one dies as the result of negligence. There are ways to recover compensation to ease the financial hardship through a wrongful death claim."

Under Arkansas law, certain individuals can file a wrongful death case to seek monetary damages from the party responsible for causing a fatal truck accident. A personal representative named in the victim's will or someone appointed by a probate court can file a lawsuit that is similar to a personal injury case. There are many types of compensation available to the surviving spouse, children, and other family members, including:

Medical costs for treating the victim's last illness;

Funeral and burial expenses;

Losses related to the decedent's financial contributions to the family;

Losses that survivors sustain because the deceased can no longer provide guidance, care, comfort, support, and education; and,

Many other types of losses.

Mr. Smith noted that "It's true a wrongful death claim can't bring a family member back, but the compensation can help cover certain costs; helping survivors cope with their grief."

The challenge in many Arkansas truck accident cases, including wrongful death claims, is proving the claim. Truck operators, trucking companies, insurers, and related parties can be difficult because they seek to protect their own interests. Surviving family members suffer when the responsible parties are unwilling to pay out. Therefore, it is essential to retain experienced counsel to handle a wrongful death case.

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

According to a recently-released report, a bus was going too fast in the moments before a horrific crash which killed one person and injured forty-five others.

Fayetteville, AR -- (ReleaseWire) -- 02/14/2019 -- Arkansas State Police investigators say that the bus was going too fast on an Interstate 30 exit near Benton. The vehicle was unable to negotiate the curve, tumbled off the ramp, and overturned after it struck a ditch. That bus was carrying elementary school students from a football tournament back home to Tennessee. According to Arkansas Police Report #621218427 the crash killed one person and seriously injured forty-five other people.

"In car crash claims, the law and science often collide," explained Arkansas personal injury attorney J. Timothy Smith. "Speed increases the risk of a collision and the force in a collision. That's why speed is a factor in about a third of the fatal vehicle collisions in Arkansas." Velocity multiplies stopping distance.

At 30mph, stopping distance is about six car lengths. But at 60mph, stopping distance triples to eighteen car lengths. Some factors, such as vehicle weight, affect stopping distance even more. Since large buses weigh eight or ten times what most passenger cars weight, stopping distance may be eight or ten times greater. Speed and stopping distance are especially a factor when the driver negotiates a curve. Speed leads to oversteering, because a slight tilt of the wheel is enough to radically change direction. At that point, most vehicles overcorrect, causing them to lose control. Furthermore, speed multiples the force in a collision. There's an old story about a penny dropped from the top of a tall building being fatal to a pedestrian on the street. That's not true, but that penny will give the pedestrian a serious headache.

Most speed-related claims rely on both direct and circumstantial evidence of velocity. Direct evidence usually comes from the vehicle's Event Data Recorder. Nearly all vehicles have EDRs. These gadgets capture and record things like:
Vehicle speed,
Steering angle, and
Brake application.

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm