Visitor Question

Got in a wreck because road construction was not marked…

Submitted By: Anonymous (Arkansas)

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!

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

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 www.arkansas.gov 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 a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: February 12, 2011

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