Arkansas Injury Lawyer Blog

Arkansas Courts Closing?

Thu, 26 Apr 2012 10:51:02 -0600

According to a recent news report, the federal government is considering closing dozens of courtrooms, many of which are located in small, rural communities, as part of an effort to cut costs. According to the report, six of the courts are located in Arkansas.

Federal Courthouses in Arkansas are found in Batesville, Helena, Jonesboro, Little Rock, Pine Bluff, Texarkana, Hot Springs, Harrison, Fort Smith, Fayetteville, and El Dorado. These Courthouses serve the surrounding areas and provide a valuable service to local Arkansas citizens. The report quoted J. Leon Holmes, the chief federal judge of the Eastern District of Arkansas, stating that:

"If the federal courts close their facilities in these places, the money will quit going from one pocket of the federal government to another pocket of the federal government, but little or no savings to the taxpayers will be seen," Holmes wrote in a letter dated Feb. 23 and sent to local bar associations. "Instead, the taxpayers will be forced to travel longer distances to appear in court as parties, witnesses, or jurors."

Travel through the mountains in this region of Arkansas is exclusively on two-lane highways," he wrote. "Consequently, the actual driving time from one point to another is much greater than may appear in looking on a map or in calculating distances."

"Many of the persons in the poorer and more remote areas of our state cannot easily travel to Little Rock to attend bankruptcy court or any other proceeding," Holmes wrote.

The Pfeifer Law Firm serves Arkansas citizens all over the state and has clients that would be disadvantaged by closing the smaller courthouses found in Batesville and other smaller communities.

Accidents in Arkansas Caused by Tailgating

Wed, 25 Apr 2012 10:31:58 -0600

I recently read a story about a study put out by Michelin North America that documents how common tailgating is in Arkansas and around the country. According to the study, 74% of drivers say someone tailgated them in the past six months. But only 11% admit to tailgating someone else.

The study also states that almost half of automobile drivers surveyed don't know the proper recommended distance to keep behind the car in front of them.

In an Arkansas car accident case, the jury is provided the following instruction found in the Arkansas Model Instructions.

AMI 902
When two vehicles are traveling in the same direction, the vehicle in the front has the superior right to the use of the highway, and the driver behind must use ordinary care to operate his vehicle in recognition of this superior right. This does not relieve the driver of the forward vehicle of the duty to use ordinary care and to obey the rules of the road.

A large percentage of accident cases handled by the Pfeifer Law Firm involving rear end collisions that cause personal injuries. Most of the time, these car accidents are caused by vehicles that are following too close or tailgating. It is imperative that Arkansas drivers keep a proper lookout for the forward vehicle so that they can stop quickly if needed. Car accidents involving rear end collisions can cause serious personal injuries and can be avoided if drives use more caution and ordinary care.

Distracted Driving Causes Arkansas Accidents

Tue, 10 Apr 2012 11:32:43 -0600

April is National Distracted Driving Awareness month. A new federal law that prohibits commercial vehicle operators from using handheld cellphones while driving affects about 4 million truck and bus drivers.

Drivers who violate the new Federal Motor Carrier Safety Administration law could be fined $2,750 for each offense and loss of their commercial operator's license for multiple violations. Further, companies that allow truck drivers to use handheld phones while driving face a penalty.

Drivers who cause a crash while violating either the new federal law or Arkansas state law involving cell phone can be found negligent and possibly reckless for violating the law. Further, as an Arkansas truck accident law firm, we review the companies policies regarding cell phone use to determine if the trucking company provides a policy and whether the policy and training were followed in each instance. Cell phone records and company policy and procedure manuals are reviewed and if the accident was caused by distracted driving involving cell phone use, the company and truck driver should be held fully responsible.

Alcohol Causes Wreck on I-40 in Arkansas

Sun, 11 Mar 2012 15:43:47 -0600

A young Conway girl was killed in a three-vehicle accident just west of Mayflower on Interstate 40. According to the Arkansas State Police alcohol and speed are the two determining factors in the crash. According to written reports, there were 173 driving fatalities in Arkansas involving driving under the influence of alcohol in the last reported year. Drunk driving is dangerous and leads to innocent lives being destroyed due to traffic fatalities and injuries in Arkansas. Victims of drunk drivers should seek legal counsel to help them make sure medical bills are paid and there other damages are handled promptly and fully. An Arkansas injury lawyer can make sure the injured are fully compensated by the negligent driver and their insurance company.

Arkansas Employment Discrimination

Wed, 29 Feb 2012 14:54:40 -0600

A recent Arkansas employment case was decided by the 8th Circuit Court of Appeals. An Arkansas jury found in favor of plaintiff on her Title VII claims of race discrimination and constructive discharge against a school district and members of the school board. The jury awarded her compensatory damages, wage and fringe benefits, and punitive damages. The trial court granted the Defendants' motion and reduced her award. The Plaintiff subsequently appealed the district court's judgment and findings. The 8th Circuit Court of Appeals held the plaintiff presented sufficient evidence for a jury to conclude defendant was constructively discharged. Therefore, the court reversed the district court's decision to grant the Rule 50 motion regarding that claim. The Appeals Court held that the jury was not instructed to consider whether the individual Board members affirmatively proved ignorance of federal law when discriminating against defendant on the basis of her race. Therefore, the 8th Circuit reversed the Arkansas district court's Rule 50 order vacating the punitive damage award and remanded this issue to the Arkansas court. The opinion can be found here. If you have any questions concerning your employment, please contact an Arkansas employment lawyer.

Arkansas Car Accidents

Wed, 22 Feb 2012 12:01:34 -0600

Recently, the Governors Highway Safety Association (GHSA) examined deaths of 16 and 17 year old drivers through the first six months of 2011 and found an 11% increase over the same period in 2010. Deaths of 16 year olds rose 16% and 17 year olds 7%, for an overall jump of 11%.

The study by the GHSA, which represents states on highway safety issues, covers only the first half of last year. According to the report traffic accident deaths usually rise during the second half of the year, which includes summer and vacation driving. If data for the second half of 2011 continue the trend, it would be the first time in almost a decade that deaths have risen for this age group of drivers.

According to the report, the rise is caused by two things:

•The improving economy means more teens on the roads. The recession probably helped reduced travel among teen drivers in 2008 and 2009; those drivers are returning to the highways.

•The impact of phased-in driving privileges for teens — graduated driver licensing (GDL) programs — is leveling off. These laws, implemented and strengthened in the mid-1990s, are in found in Arkansas.

The report found that Arkansas only had a slight increase in teen accident deaths. However, any teen death is too many. I wrote about new laws in Arkansas concerning teens' use of cell phone while driving. It can be found here. If you have any questions about teen driving law in Arkansas, please contact me to help answer any questions about Arkansas driving laws.

Arkansas Accident Near Brinkley

Mon, 30 Jan 2012 16:50:39 -0600

A multiple vehicle accident slowed down traffic on I-40 westbound near Brinkley. The accident occurred at mile marker 207 between Brinkley and Little Rock. According to the Arkansas Highway and Transportation Department, traffic is being diverted at exit 221 westbound and exit 202 eastbound. According to news reports, Medflight transported some passengers to a local hospital.

Interstate accidents in Arkansas continue to pose a major health risk to Arkansas families. It is important that we all remain vigilant and use caution when traveling on the Arkansas interstate system. Arkansas Accident attorney at the Pfeifer Law Firm handle cases involving injuries and damage in car and truck accidents. If you or a loved one would like to speak with an Arkansas car accident lawyer, please contact the Pfeifer Law Firm.

Car Accidents - Arkansas

Mon, 16 Jan 2012 12:59:17 -0600

I just read a report of a recent study that found women to be better drivers than men. According to the study, some 80 percent of all fatal and serious car crashes are caused by male drivers. The car accident study found that women are 27 percent less likely than men to cause auto accidents. In 2007, statistics reveal men were involved in 6.1 million car accidents while women were involved in 4.4 million. Further, male drivers out number females 3 to 1 for DUI violations. According to the new report, traffic violations are higher for male drivers in almost every single category from reckless driving, failure to yield, seat belt violations, or speeding.

Women have been telling us men that they are better drivers. Now it seems that they can point to some proof. I will start to keep a non scientific list of at-fault drivers for Arkansas car accident cases that we handle. It will be interesting to see if the car and truck accident cases handled by an Arkansas personal injury lawyer will follow this same ratio....

Please contact an Arkansas car accident attorney if you or a loved one has suffered from a car crash in Arkansas. It is important that legal advice concerning the auto accident be given as early as possible.

NTSB Recommends Ban on Driver Cell Phone Use

Tue, 13 Dec 2011 15:15:47 -0600

According to the National Transportation Safety Board states should ban all driver use of cell phones and other portable electronic devices. The recommendation applies to both hands free and hand held phones and significantly exceeds any existing state laws restricting texting and cellphone use behind the wheel.

The recommendation came in connection with a deadly highway pileup accident in Missouri last year. The board found that the traffic collision was caused by the inattention of a driver who sent or received 11 texts in the 11 minutes immediately before the crash. The pickup driver and a 15-year-old student on one of the school buses were killed. Thirty-eight other people were injured in the Aug. 5, 2010, accident near Gray Summit, Mo.

The board previously recommended bans on texting and cell phone use by commercial truck and bus drivers. According to a study, at any given moment nearly 1 in every 100 car drivers is texting, emailing, surfing the Web or otherwise using a handheld electronic device. Arkansas has passed a statute limiting cell phone use. Please see a previous blog post outlining the new law. Arkansas traffic accident injuries caused from cell phone use is avoidable and drivers should use good judgment and not be tempted to use their cell phones while driving.

If you or a loved one has been injured in a traffic accident, please contact an Arkansas accident lawyer to discuss your legal rights.

48 Million Verdict Upheld by Arkansas Supreme Court

Fri, 09 Dec 2011 15:16:14 -0600

The Arkansas Supreme Court on Thursday affirmed a 48 million verdict for farmers who say they lost money because a company's genetically altered rice seeds contaminated the food supply and drove down crop prices.

Bayer argued that Arkansas tort laws set a limit on punitive damages and that courts should set aside jury awards that "shock the conscience." However, in its opinion the Arkansas Supreme Court agreed with the Lonoke Circuit Court that the cap on punitive damages was unconstitutional. Associate Justice Courtney Hudson Goodson wrote that the cap "limits the amount of recovery outside the employment relationship," while the Arkansas constitution only allows limits on compensation paid by employers to employees. The court said the law conflicts with Amendment 26, which gives the Legislature the power to enact measures to prescribe the amount of compensation to be paid employees for injury or death.

This ruling is a great victory for ordinary hard working Arkansas residents. The Arkansas Court found that an Arkansas jury should not be constricted by big business and their hand picked legislators in deciding fair and reasonable verdicts and damages. If you have been harmed by negligence of another party, please contact contact an Arkansas Personal Injury lawyer to discuss your legal rights.

Nursing Home Abuse and Neglect in Arkansas

Tue, 29 Nov 2011 14:29:01 -0600

The nation’s largest for-profit nursing homes deliver significantly lower quality of care because they typically have fewer staff nurses than non-profit and government-owned nursing homes according to the study by UCSF.

The 10 largest for-profit chains operate about 2,000 nursing homes in the United States. Nursing home chains have expanded recently. The researchers compared staffing levels and facility deficiencies at the for-profit chains to those at homes run by five other ownership groups to measure quality of care. The 10 largest chains were selected because they are influential in the nursing home industry and are the most successful in terms of growth and market share. The study found that for-profit homes keep their costs down by reducing staffing. The 10 largest for-profit chains in 2008 were HCR Manor Care, Golden Living, Life Care Centers of America, Kindred Healthcare, Genesis HealthCare Corporation, Sun Health Care Group, Inc., SavaSeniorCare LLC, Extendicare Health Services, Inc., National Health Care Corporation, and Skilled HealthCare, LLC. According to the report, these chains had fewer nurse “staffing hours” than non-profit and government nursing homes when controlling for other factors. Together, these companies had the sickest residents, but their total nursing hours were 30 percent lower than non-profit and government nursing homes.

The report indicates that the 10 largest for-profit chains were cited for 36 percent more deficiencies and 41 percent more serious deficiencies than the best facilities. Deficiencies include failure to prevent pressure sores, resident weight loss, falls, infections, resident mistreatment, poor sanitary conditions, and other problems that could seriously harm residents. The study also found that the four largest for-profit nursing home chains purchased by private equity companies between 2003 and 2008 had more deficiencies after being acquired. The study is the first to make the connection between worse care following acquisition by private equity companies.

If your loved one or family member has suffered from nursing home abuse or neglect in an Arkansas nursing home, please contact an Arkansas nursing home abuse lawyer to discuss your legal rights.

Off-Road Vehicle Malfuction in Arkansas

Wed, 23 Nov 2011 12:07:58 -0600

An off-road utility vehicle company has recalled 3,200 buggies because the steering arm assemblies may break during operation. The recall involves Bad Boy LT, Classic, XT, XTO and XT Safari model electric off-road utility vehicles. According to the company, it has had reports of steering arm assembly breaking. When this occurs, the driver loses control of the vehicle. Owners should stop using the buggies immediately.

Product defects can cause severe injuries. In Arkansas, hunters use off-road vehicles to enjoy their favorite outdoor pastime, hunting. If these vehicles malfunction and cause injury, the injured person may have a personal injury lawsuit under Arkansas law. If you or a loved one have any questions regarding a defective product, please contact an Arkansas injury lawyer.

Nursing Home Abuse in Arkansas

Tue, 11 Oct 2011 15:47:58 -0600

Law enforcement officials shut down a residential care facility in Hot Springs, Arkansas for various fire, building, and safety code violations. Officials from numerous government agencies converged on the home after finding people not getting the care they needed along with open electrical wiring and a lack of smoke detectors.

Data released by the federal government in 2008 found that 95 percent of Arkansas nursing homes were cited for health and safety violations and many of those troubling stats persist. A nursing home patient advocate recently pointed out that there are 234 nursing homes in Arkansas and all the nursing homes except for three percent were cited for violations of the law last year. There were 2,500 reported cases in Arkansas of senior harm, abuse and neglect at nursing homes in 2010 and some of those incidents caused the death of elderly residents.

Arkansas Attorney General Dustin McDaniel recently announced that his office is increasing both civil investigations and criminal cases to curb nursing home neglect. Currently, there are over 180 state and federal laws that govern nursing homes and their treatment of the elderly. It is important that family members of nursing home residents stay diligent in making sure the Arkansas nursing home is properly taking care of the resident's needs.

The Arkansas Nursing Home Abuse Lawyers with the Pfeifer Law Firm handle cases involving nursing home abuse and neglect and are available to answer any questions concerning nursing home care that you may have.

Nursing Home Residents' Rights Month 2011

Mon, 10 Oct 2011 14:57:40 -0600

Residents’ Rights Month 2011 reminds us that residents of long-term care facilities (nursing homes) are part of the community. Community is more than just a nursing home. Residents have the right to continue to participate in activities and other groups that meet outside of the nursing home. This year’s Residents’ Rights Month theme Welcome Home: Creating Connections Between Residents and the Community challenges us to think of creative ways to involve residents in the community and to invite the community into the facilities in the month of October and throughout the year. It is time to bring our elders back into the community at large. As an Arkansas lawyer who represents nursing home residents and their families, this month is important to remind us all that these residents need our attention and our diligence to make sure their needs are being met. If their needs are not met, it is important to hold the nursing home owners responsible so that other residents will not be ignored.

Little Rock Car Accidents

Sat, 03 Sep 2011 15:52:02 -0600

A national insurance company has ranked Little Rock, Arkansas 119 out of the top 200 biggest cities in the report. According to the report, Little has gotten worse over the last few years. From my experience as a Little Rock accident lawyer, most accidents are caused from inattention and various distractions. Serious accidents caused from cell phone use continues to rise even even with recent Arkansas laws concerning texting while driving.

If you or a family member has suffered an injury in car accident please contact an Arkansas accident lawyer as soon as possible to fully protect your legal rights.