Got in a wreck because road construction was not marked...

by Anonymous

My husband got in a wreck on an Arkansas highway undergoing repaving that was not marked. There were numerous signs covered with tarps (not visible) stating "loose gravel".

He had an accident resulting in a totaled vehicle and neck / back injury. Who would we sue?

The loose gravel signs were covered with tarps, so there was no warning!

Visitor Question:
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ANSWER for "Got in a wreck because road construction was not marked...":

If you have decided to sue before attempting to settle this claim you can, but before you do you will have to go through a State administrative process.

Like most states, Arkansas has a Tort Claims Law (or Act). It is a process by which legal claims are “funneled” through to the Courthouse. It is also a process which affords the State of Arkansas and you a means to settle your "Claim" before it becomes a "Case."

You will have to file a claim under the Tort Claim Law before you are able to sue the State of Arkansas. If you go to the Arkansas State website at you will be able to download the form and the instructions to file it. It is not a complicated process. Nevertheless it is vital to your success in your claim.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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