18-Wheeler Accident Lawyers in Franklin County, Arkansas
When 80,000 Pounds Changes Everything
You’re driving along I-40 through Franklin County, heading toward Ozark or passing through the foothills of the Ozark Mountains, when you see it in your rearview mirror—an 18-wheeler barreling down the interstate, the driver clearly distracted, or perhaps fighting fatigue after too many hours on the road. In the next instant, your life changes forever.
We’ve seen it happen too many times on Arkansas highways. The physics aren’t fair—a fully loaded semi-truck weighs up to 80,000 pounds, roughly twenty times more than your average family sedan. When that kind of steel crashes into a passenger vehicle on a Franklin County road, the results are catastrophic.
For over 25 years, Attorney911 has fought for trucking accident victims across Arkansas and beyond. Our managing partner, Ralph Manginello, has secured multi-million dollar verdicts against the largest trucking companies in America, including BP after the Texas City refinery explosion and major carriers like Walmart and Amazon. We’ve recovered over $50 million for families just like yours—victims who never asked to be injured by negligent truck drivers or profit-driven trucking companies.
Our team includes associate attorney Lupe Peña, who spent years working inside a national insurance defense firm before joining our side. He knows every tactic adjusters use to minimize your claim because he used to teach those tactics. Now he fights against them, giving our Franklin County clients an insider advantage that other law firms simply can’t match.
If you’ve been hurt in an 18-wheeler accident anywhere in Franklin County—from Ozark to Altus, from the I-40 corridor to the rural highways serving our agricultural communities—you need an attorney who understands federal trucking regulations and how to hold these companies accountable. Call us now at 1-888-ATTY-911 or (888) 288-9911. We answer 24/7, and there’s never a fee unless we win your case.
How Federal Trucking Regulations Protect Franklin County Accident Victims
Every commercial truck operating on Franklin County roads must follow strict Federal Motor Carrier Safety Administration (FMCSA) regulations found in Title 49 of the Code of Federal Regulations. These rules exist to keep you safe, and when trucking companies break them, they pay—often millions.
The Six Critical Parts of FMCSA Regulations
49 CFR Part 390—General Applicability
This establishes who must comply with federal trucking laws. If a vehicle has a gross vehicle weight rating (GVWR) over 10,001 pounds, transports hazardous materials requiring placards, or carries 16 or more passengers, federal regulations apply. This covers virtually every big rig on I-40 through Franklin County.
49 CFR Part 391—Driver Qualification Standards
Trucking companies cannot let just anyone behind the wheel of an 80,000-pound killing machine. Federal law requires drivers to be at least 21 years old (18 for intrastate), physically qualified per § 391.41, able to read and speak English, and licensed to operate the vehicle. Companies must maintain a Driver Qualification File containing employment applications, three-year driving history investigations, medical certifications, and drug test results. When we subpoena these files for Franklin County accidents, we often find the trucking company never verified the driver’s background or hired someone with a history of DUIs or accidents.
49 CFR Part 392—Driving of Commercial Motor Vehicles
This section contains rules for safe operation. Under § 392.3, no driver shall operate a commercial vehicle while fatigued or impaired. Section § 392.11 requires drivers to maintain safe following distances—critical on I-40 where sudden stops can cause devastating rear-end collisions. Sections § 392.4 and § 392.5 prohibit drug and alcohol use, while § 392.6 prevents trucking companies from scheduling runs that require illegal speeds. Perhaps most importantly for Franklin County drivers, § 392.82 prohibits hand-held mobile phone use while driving—a violation we see constantly in jackknife and rear-end accidents.
49 CFR Part 393—Parts and Accessories for Safe Operation
This governs equipment standards. Cargo must be secured per § 393.100-136 to prevent shifting that causes rollovers on the curves near the Boston Mountains. Brakes must meet strict specifications under § 393.40-55. Lighting must be maintained per § 393.11. When a truck’s brakes fail on the descent into Franklin County or a trailer swings into your lane because of improper load securement, these regulations determine liability.
49 CFR Part 395—Hours of Service (HOS)
This is where we find frequent violations leading to Franklin County accidents. Property-carrying drivers may not drive more than 11 hours after 10 consecutive hours off duty. They cannot drive beyond the 14th consecutive hour after coming on duty. They must take a 30-minute break after 8 cumulative hours of driving. And they cannot exceed 60 hours in 7 days or 70 hours in 8 days without a 34-hour restart. Since the ELD mandate took effect in December 2017, we’ve used electronic logging device data to prove countless violations where drivers exceeded these limits, causing fatigue-related crashes near Ozark and Altus.
49 CFR Part 396—Inspection, Repair, and Maintenance
Trucking companies must systematically inspect and maintain their fleets. Drivers must conduct pre-trip inspections under § 396.13 and submit written post-trip reports under § 396.11 covering brakes, steering, tires, lighting, and coupling devices. Annual inspections are mandatory per § 396.17. Maintenance records must be retained for at least one year. When a tire blows out on I-40 near Franklin County because the trucking company deferred replacement, or when brakes fail because of neglected maintenance, these records prove negligence.
Types of 18-Wheeler Accidents in Franklin County
Not all truck accidents are the same, and the crashes we see on Franklin County roads often reflect our unique geography—the steep grades near the Ozark National Forest, the busy agricultural traffic on rural routes, and the high-speed I-40 corridor connecting Little Rock to Fort Smith.
Jackknife Accidents
A jackknife occurs when the trailer skids outward, folding toward the cab at an acute angle—like a closing pocket knife. This often happens on I-40 when drivers brake suddenly on wet pavement or empty trailers lose traction. The swinging trailer can sweep across all lanes, crushing vehicles in its path. We investigate whether the driver violated § 392.6 by speeding for conditions or § 393.48 regarding brake system maintenance.
Rollover Accidents
Given the rolling terrain of Franklin County and the agricultural traffic on rural roads, rollovers are particularly prevalent here. These occur when speed, curves, and cargo shifts combine to topple an 80,000-pound rig. Tanker trucks hauling liquid cargo face additional “slosh” risks that change the center of gravity. Under § 393.100, cargo must be secured to prevent shifting that affects vehicle stability. When a loaded poultry truck rolls on a curve near Charleston or Ozark because of improper load distribution, the cargo loading company may be liable alongside the driver.
Underride Collisions
Among the deadliest accidents on Franklin County highways, underrides occur when a passenger vehicle crashes into the rear or side of a trailer and slides underneath. The trailer height often shears off the top of the passenger compartment, causing decapitation or catastrophic head injuries. Federal regulations under § 393.86 require rear impact guards on trailers manufactured after January 26, 1998, designed to prevent underride at impacts up to 30 mph. However, no federal mandate exists for side underride guards—an ongoing safety gap that has led to devastating fatalities in Arkansas.
Rear-End Collisions
A fully loaded truck traveling at 65 mph needs approximately 525 feet to stop—nearly two football fields. When a distracted or fatigued trucker slams into stopped traffic on I-40 near Franklin County, the results are horrific. These cases often involve hours-of-service violations per Part 395, or distractions prohibited by § 392.82.
Wide Turn Accidents (“Squeeze Play”)
Trucks making right turns need significant space, often swinging left first to navigate the turn. Drivers who fail to signal or check blind zones can trap smaller vehicles between the truck and the curb. This is particularly dangerous in downtown Ozark or Altus where narrow streets force wide turns.
Blind Spot Accidents
An 18-wheeler has four major “no-zones” where the driver cannot see other vehicles. The right-side blind spot is especially dangerous—extending from the cab door backward and covering multiple lanes. When a truck changes lanes on I-40 through Franklin County without proper mirror checks, § 393.80 requires mirrors that provide a clear view to the rear—a requirement we verify in every blind spot case.
Tire Blowouts
The combination of high summer temperatures on Arkansas asphalt and heavy loads creates blowout risks. When a steer tire blows at highway speed, the driver loses control instantly. Federal law requires minimum tread depths—4/32 inch on steer tires and 2/32 inch on other positions per § 393.75. We subpoena tire maintenance records to determine if the trucking company ignored worn rubber that caused your crash.
Brake Failure Accidents
Brake problems contribute to approximately 29% of large truck crashes. The mountainous terrain approaching Franklin County from the east puts tremendous stress on braking systems. Under § 396.3, carriers must maintain brake systems in safe operating condition. We often find deferred maintenance—brake pads worn to metal, air brake leaks, or improper adjustments—that turns a routine stop into a fatal collision.
Cargo Spill Accidents
Franklin County’s agricultural economy means our roads see heavy livestock trucks, grain haulers, and equipment transport. When improperly secured cargo spills onto I-40 or rural routes like AR-217 and AR-23, the cargo owner and loading company may be liable under Part 393 for failing to use adequate tiedowns or blocking equipment.
Who Can Be Held Liable for Your Franklin County Truck Accident?
Unlike typical car accidents where one driver is at fault, 18-wheeler accidents often involve multiple responsible parties. In Franklin County, we’ve held as many as ten different entities accountable in a single case—because more defendants mean more insurance coverage and higher compensation for you.
The Truck Driver
The operator who caused the accident may be personally liable for negligence—speeding, distracted driving, fatigue, impairment, or traffic violations. We subpoena cell phone records, ELD logs, and drug test results to prove misconduct.
The Trucking Company/Motor Carrier
Under the doctrine of respondeat superior, employers are responsible for their employees’ negligent acts within the scope of employment. Yet we also pursue trucking companies for direct negligence:
- Negligent Hiring: Failing to verify CDL status or check driving history
- Negligent Training: Inadequate safety instruction on mountain driving or winter weather conditions specific to Franklin County
- Negligent Supervision: Ignoring HOS violations or driver complaints
- Negligent Maintenance: Deferring repairs to save money while risking lives on I-40
The Cargo Owner/Shipper
Companies shipping goods through Franklin County must disclose hazardous materials and provide proper loading instructions. When they demand overweight loads or unrealistic delivery schedules that force drivers to violate hours-of-service rules, they share liability.
The Cargo Loading Company
Third-party loaders who improperly secure cargo at warehouses near Ozark or distribution centers in neighboring Sebastian County may be liable when shifting loads cause rollovers. The performance criteria under § 393.102 require securement systems to withstand specific force thresholds—failure to meet these standards constitutes negligence.
Vehicle and Parts Manufacturers
Defective brakes, tire blowouts caused by manufacturing flaws, or stability control system failures can trigger product liability claims against manufacturers. We preserve failed components for expert analysis and review NHTSA complaint databases for similar defects.
Maintenance Companies
Independent repair shops that service trucking fleets may be liable for negligent repairs or failure to identify critical safety issues during inspections. If a maintenance company in Fort Smith or Little Rock returned a truck to service with known brake defects that later caused your Franklin County accident, they owe damages.
Freight Brokers
Brokers who arrange transportation but don’t own the trucks may be liable for negligent carrier selection—choosing the cheapest hauler without checking safety records or CSA scores. This is particularly relevant when agricultural products are shipped through Franklin County without proper vetting of carriers.
Government Entities
While Arkansas sovereign immunity limits recovery, state or local agencies may be liable for dangerous road design, inadequate signage on I-40 ramps, or failure to maintain safe conditions on county highways. We evaluate whether the Arkansas Department of Transportation knew of hazardous conditions they failed to correct.
The 48-Hour Evidence Emergency
In Franklin County 18-wheeler accidents, evidence disappears fast—sometimes within hours. The trucking company dispatches its own rapid-response team to the scene while you’re still in the hospital at Mercy Hospital Ozark or Arkansas Valley Regional Medical Center in Russellville.
Critical Timeline:
- 0-24 Hours: The trucking company contacts their insurer and lawyers. Their investigators photograph the scene from angles favorable to their defense. They begin shaping the narrative.
- 30 Days: ECM/Black box data may be overwritten or lost as the truck returns to service. This electronic data contains crucial information about speed, braking, and throttle position in the seconds before impact.
- 6 Months: FMCSA only mandates ELD data retention for six months. After that, hours-of-service logs may be purged.
- 7-30 Days: Surveillance footage from businesses along I-40 or local Franklin County intersections typically records over itself. Dashcam footage gets deleted.
That’s why Attorney911 sends spoliation letters within 24 hours of being retained in Franklin County cases. These legal notices demand preservation of:
- ECM/EDR data downloads
- ELD logs and Qualcomm communications
- Driver Qualification Files
- Maintenance and inspection records
- Drug and alcohol test results
- Dispatch records showing delivery pressures
- The physical truck and trailer before repair
- GPS tracking data
- Cell phone records
Once a trucking company receives our spoliation letter, destroying evidence becomes a serious legal violation. Arkansas courts may impose sanctions, adverse inference instructions (telling the jury to assume destroyed evidence was unfavorable), or even default judgment. But you must act quickly—before the truck is repaired and put back on the road hauling freight between Ozark and Little Rock.
Catastrophic Injuries and Maximum Compensation
The force generated when an 80,000-pound truck collides with a passenger vehicle at highway speed causes life-altering injuries. We’ve represented Franklin County families dealing with:
Traumatic Brain Injury (TBI)
The impact forces cause the brain to collide with the skull, resulting in concussions, contusions, or diffuse axonal injury. Moderate to severe TBI cases we’ve handled have settled for between $1.5 million and $9.8 million, reflecting lifetime care needs, cognitive impairment, and loss of earning capacity. Symptoms include memory loss, personality changes, chronic headaches, and inability to concentrate—often requiring years of rehabilitation at facilities like the Arkansas Rehabilitation Services center.
Spinal Cord Injury
Damage to the spinal cord can result in paraplegia or quadriplegia, with lifetime care costs ranging from $3.5 million to over $25 million depending on the level of injury. High cervical injuries affecting breathing function require ventilator support and 24-hour nursing care. We work with life-care planners to calculate the true cost of modifications to Franklin County homes, wheelchairs, and ongoing medical needs.
Amputation
Crushing injuries from underride accidents or rollovers often require surgical amputation of limbs. Our amputation cases have settled for between $1.9 million and $8.6 million, accounting for prosthetics (needing replacement every 3-5 years at $50,000+ each), phantom limb pain management, and vocational retraining.
Severe Burns
When fuel tanks rupture or hazmat cargo ignites on I-40, victims suffer third and fourth-degree burns requiring skin grafts, reconstructive surgery, and years of treatment at burn centers like the one at UAMS in Little Rock.
Wrongful Death
When trucking accidents take loved ones from Franklin County families, we pursue wrongful death claims under Arkansas law. Settlements typically range from $1.9 million to $9.5 million, covering lost income, loss of consortium, mental anguish, and punitive damages when gross negligence is involved—such as knowingly hiring unqualified drivers or falsifying logbooks.
Arkansas Law Specifics for Franklin County Accidents
Statute of Limitations: Arkansas gives you three years from the date of the accident to file a personal injury lawsuit (Arkansas Code § 16-56-105). For wrongful death claims, you also have three years from the date of death. While this is longer than many states, waiting jeopardizes evidence and witnesses. We recommend contacting us immediately after your Franklin County accident.
Comparative Negligence: Arkansas follows a modified comparative fault rule with a 50% bar. This means you can recover damages if you are 49% or less at fault for the accident, but your recovery will be reduced by your percentage of fault. If you are 50% or more responsible, you recover nothing. This makes thorough investigation critical—the trucking company will try to shift blame to you, claiming you merged improperly on I-40 or stopped suddenly. We use ECM data and accident reconstruction to prove the truck driver was primarily at fault.
Damage Caps: Unlike some states, Arkansas does not impose caps on compensatory damages for personal injury cases involving trucking accidents. Punitive damages are available under Arkansas Code § 16-55-206 when the defendant’s conduct was malicious or showed reckless disregard for the safety of others—such as when trucking companies knowingly violate hours-of-service regulations or falsify maintenance records.
Insurance Requirements: Federal law requires minimum liability coverage of $750,000 for non-hazardous freight, $1 million for oil and equipment, and $5 million for hazardous materials. Many carriers carry $1-5 million in coverage, providing substantial compensation for serious Franklin County accidents.
What to Do After an 18-Wheeler Accident in Franklin County
If you’re able to move safely after a crash on I-40 or a rural Franklin County highway:
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Call 911 immediately. Request both police and EMS. The Arkansas State Police or Franklin County Sheriff’s Office will document the scene. The crash report becomes crucial evidence.
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Seek medical attention. Even if you feel “fine,” adrenaline masks pain. Internal bleeding, traumatic brain injury, and spinal damage may not show symptoms for hours. Franklin County medical facilities including Mercy Hospital Ozark can evaluate you, and if necessary, transfer you to trauma centers in Little Rock or Fort Smith.
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Document everything. Photograph your vehicle’s damage, the truck’s DOT number (usually on the door), the trailer, skid marks, debris patterns, road conditions, and your injuries. Get names and phone numbers of witnesses—other drivers stopped on I-40 or local residents who saw the crash on rural roads.
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Exchange information. Get the driver’s name, CDL number, trucking company name, insurance information, and any witness contact details. But do not give recorded statements to the trucking company’s insurance adjuster. They will use your words against you.
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Preserve evidence. If your vehicle is drivable, don’t repair it until we’ve documented the damage. If it’s towed, ensure it goes to a secure facility where it won’t be destroyed.
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Call Attorney911 at 1-888-ATTY-911. The sooner you call, the sooner we can send preservation letters and deploy investigators to the Franklin County scene. We work on contingency—you pay nothing unless we win.
Frequently Asked Questions About Franklin County Truck Accidents
How much is my 18-wheeler accident case worth?
Every case is unique. Factors include injury severity, medical costs, lost wages, pain and suffering, and available insurance coverage. Trucking companies carry $750,000 to $5 million in coverage, allowing for substantial recoveries. We’ve secured settlements ranging from hundreds of thousands to multi-millions for Franklin County clients, depending on the specifics.
Who can I sue after a truck accident in Franklin County?
Potentially liable parties include the driver, trucking company, cargo owner, loading company, parts manufacturers, maintenance providers, freight brokers, and government entities. We investigate all possibilities to maximize your recovery.
What if the truck driver says I caused the accident?
Arkansas uses comparative fault. If you were less than 50% responsible, you can still recover damages, though reduced by your fault percentage. We use ECM data, ELD logs, and accident reconstruction experts to prove the truck driver was primarily at fault, even when they blame you for merging or stopping on I-40.
How long do I have to file a lawsuit in Arkansas?
Three years from the accident date for personal injury, and three years from the date of death for wrongful death claims. However, you should never wait. Evidence disappears quickly, and trucking companies begin building their defense immediately.
Will my case go to trial?
Most cases settle before trial, but we prepare every case as if it’s going to court. Insurance companies know which attorneys are willing to try cases—our reputation for taking cases to verdict when necessary often results in better settlement offers for Franklin County clients.
How much does it cost to hire Attorney911?
Nothing upfront. We work on contingency—33.33% if settled before trial, 40% if we go to court. You never pay out of pocket. We advance all investigation costs, expert fees, and court expenses. You only pay if we win your case.
What is an ELD and why does it matter?
Electronic Logging Devices automatically record driving time, ensuring drivers don’t exceed hours-of-service limits. Since 2017, these devices are mandatory. ELD data proves whether the driver was fatigued or violating federal rest requirements—often the smoking gun in Franklin County fatigue cases.
Can I sue if my loved one was killed in a truck accident?
Yes. Arkansas allows wrongful death claims by surviving spouses, children, parents, or estate representatives. You may recover for lost income, loss of companionship, mental anguish, funeral expenses, and punitive damages if gross negligence was involved.
What if the trucking company was from out of state?
Federal regulations apply nationwide. Our firm has federal court admission and handles cases across the country. Whether the truck was from Texas, Missouri, or Tennessee when it crashed in Franklin County, we can pursue them.
Do you handle cases in Spanish?
Yes. Associate attorney Lupe Peña is fluent in Spanish. Hablamos Español. Llame al 1-888-ATTY-911 para una consulta gratis. We provide direct representation without interpreters, ensuring clear communication for Franklin County’s Hispanic community.
What if I was partially at fault?
As long as you were less than 50% at fault, you can recover in Arkansas. Don’t let the trucking company’s insurance adjuster convince you that you have no case because you checked your phone or braked suddenly. Let us evaluate the actual liability.
How long will my case take?
Simple cases with clear liability may settle in 6-12 months. Complex litigation involving multiple defendants or catastrophic injuries may take 18-36 months. We work efficiently while ensuring you receive full compensation, not a quick lowball offer.
What happens to the truck after the accident?
Often, the trucking company wants to repair the vehicle and put it back in service immediately, destroying evidence. That’s why we send spoliation letters within 24 hours to preserve the truck, its black box, and maintenance records before they “disappear.”
Can I get the truck driver’s phone records?
Yes, through subpoena. We obtain cell phone records to prove the driver was texting, calling, or using apps at the time of the crash—violations of § 392.82 that strengthen your case.
What if the trucking company goes bankrupt?
Even if the carrier files for bankruptcy, insurance coverage remains. Additionally, other liable parties—cargo owners, manufacturers, brokers—may have coverage. We investigate all potential sources of recovery.
What are punitive damages?
Unlike compensatory damages that repay your losses, punitive damages punish the trucking company for gross negligence—such as knowingly hiring dangerous drivers, falsifying logs, or destroying evidence. Arkansas allows punitive damages when defendants act with malice or reckless disregard for safety.
Why shouldn’t I accept the insurance company’s first offer?
First offers are always lowball amounts designed to close your case before you understand the full extent of your injuries or consult an attorney. Once you accept, you cannot ask for more money if your condition worsens. As client Donald Wilcox told us after we rejected a low offer and got him a “handsome check”—you’re worth more than their first number.
Your Fight Starts with One Call
The trucking company that hit you has already called their lawyers. Their insurance adjuster is already looking for ways to minimize your claim. While you’re trying to heal from catastrophic injuries or grieving the loss of a loved one on a Franklin County highway, they’re building a defense.
You deserve someone building your offense.
At Attorney911, we don’t let trucking companies push Arkansas families around. Ralph Manginello brings 25 years of experience, federal court admission, and a track record of multi-million dollar verdicts against Fortune 500 defendants. Luque Peña brings insider knowledge of how insurance companies evaluate claims—knowledge he now uses to fight for you, not against you.
Client Chad Harris put it best: “You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.” That’s how we treat every Franklin County family we represent. And Glenda Walker confirmed: “They fought for me to get every dime I deserved.”
We know the Franklin County courts. We know the I-40 corridor where your accident happened. We know the agricultural trucking routes and the winter weather conditions that make Arkansas highways dangerous. And we know how to make trucking companies pay when their negligence destroys lives.
Call 1-888-ATTY-911 or (888) 288-9911 now. The consultation is free. You pay nothing unless we win. But you must act fast—before evidence disappears and the trucking company gains an advantage.
Don’t let them win. Don’t settle for less than you deserve. Let Attorney911 fight for your family the way we’ve fought for hundreds of Arkansas families before you.
Hablamos Español. Llame hoy al 1-888-ATTY-911.
Your fight starts now.
