Juan Miguel Placeres Gonzalez v. Constellium Muscle Shoals, L.L.C.

Little Rock, Arkansas personal injury lawyers represented the Plaintiff who sued the Defendant on an auto negligence theory.



This case was filed in the Pulaski County Circuit Court, 60-cv-23-02959, and was removed to federal court by the Defendant who sought a change of venue to the Northern District of Alabama.



"Arkansas auto negligence law is based on the principle that drivers owe a duty of care to other drivers and pedestrians. This means that drivers must act reasonably to avoid causing accidents. If a driver breaches this duty of care and causes an accident, they may be held liable for the damages caused by the accident.



To prove negligence in Arkansas, an injured person must show the following four elements:



The defendant owed a duty of care to the plaintiff.

The defendant breached that duty of care.

The plaintiff suffered an injury.

The defendant's breach of duty caused the plaintiff's injury.



Examples of negligence in Arkansas auto accidents include:



Driving under the influence of alcohol or drugs

Speeding

Distracted driving

Reckless driving

Failing to yield the right-of-way

Following too closely

Failing to obey traffic signals or signs



If an injured person can prove negligence, they may be entitled to recover damages for their medical expenses, lost wages, property damage, pain and suffering, and other losses.



Arkansas is a modified comparative negligence state. This means that an injured person's damages award will be reduced by their percentage of fault for the accident. For example, if an injured person is found to be 20% at fault for the accident, their damages award will be reduced by 20%.



However, Arkansas has a 50% bar rule. This means that an injured person who is found to be 50% or more at fault for the accident is barred from recovering any damages.



If you have been injured in an Arkansas auto accident, it is important to consult with an experienced attorney to discuss your legal rights and options."



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E-MAIL received from Northern District of Alabama confirming the case was received and opened in their district as case number 3:23-cv-01287. (kbc) (Entered: 09/28/2023)