Accidents involving commercial vehicles, such as trucks or delivery vans, can be more complicated than regular car accidents. In Fort Smith, Arkansas, where busy highways like U.S. Highway 71 and Rogers Avenue often see large commercial vehicles, knowing how to respond after an accident is essential.
Why Commercial Vehicle Accidents Are Different in Fort Smith
Commercial vehicle accidents often present unique challenges that don’t apply to typical car accidents. Here’s why these cases are more complicated:
- Multiple parties involved: Liability may not only lie with the driver, but also the employer, maintenance providers, or even the manufacturer of the vehicle.
- Strict regulations: Commercial vehicle drivers are governed by federal and state safety regulations that can impact the outcome of your claim.
- Severe damages: Due to the size and weight of commercial vehicles, these accidents often lead to more severe injuries and property damage.
Steps to Take Immediately After a Commercial Vehicle Accident in Fort Smith
What you do immediately following the accident is crucial. Here’s what you should prioritize:
Ensure Safety and Call for Help
Check for injuries and, if necessary, call 911 for medical assistance. Move vehicles to the side of the road if possible, especially if the crash occurred in a high-traffic area like Rogers Avenue.
Contact the Authorities
Arkansas law requires accidents involving injury or significant property damage to be reported. The Fort Smith Police Department will arrive to document the scene and create a police report.
Document the Scene and Collect Information
Take photos of the accident scene, vehicle damages, injuries, and road conditions. Don’t forget to capture surrounding landmarks like the Fort Smith Trolley Museum for context. Collect the commercial vehicle driver’s information, including their name, CDL number, the name of their employer, and the USDOT number of the vehicle.
Talk to Witnesses
If there are witnesses to the accident, gather their contact information and ask if they are willing to provide a statement.
Common Injuries in Commercial Vehicle Accidents
Commercial vehicle accidents can result in serious injuries due to the size and force of the vehicles involved. Common injuries include:
- Spinal cord injuries: Leading to long-term paralysis or loss of movement.
- Traumatic brain injuries (TBI): These can result in cognitive issues or long-term neurological impairment.
- Internal injuries: Damage to internal organs often requires immediate medical treatment.
- Broken bones: Severe fractures can result from the force of impact.
Prompt medical care at local hospitals like Mercy Hospital Fort Smith or Baptist Health – Fort Smith is essential for both treatment and documentation.
Determining Liability in Commercial Vehicle Accidents in Fort Smith
Liability in commercial vehicle accidents can be complicated. Several parties may be at fault, including:
- The driver: If the driver was negligent or violated traffic laws, they may be held responsible.
- The employer: If the employer failed to ensure the driver was adequately trained or the vehicle was properly maintained, they could share liability.
- Third parties: Maintenance providers or cargo loaders may also be at fault if improper maintenance or faulty cargo contributed to the accident.
An experienced attorney can help investigate all parties involved and determine who is responsible for the crash.
How to File a Commercial Vehicle Accident Claim in Fort Smith
After a commercial vehicle accident, follow these steps to file a claim:
Obtain a Police Report
The police report will be an important piece of evidence in your case. Request it from the Fort Smith Police Department.
Notify Your Insurance Provider
Inform your insurance company about the accident, providing them with all relevant evidence such as photos, witness statements, and the police report.
Consult an Attorney
An attorney who specializes in commercial vehicle accidents can help you navigate the complexities of your case, including dealing with multiple liable parties and complex insurance claims.
File the Claim Within the Statute of Limitations
Arkansas allows up to two years from the date of the accident to file a personal injury claim, so don’t delay.
How an Attorney Can Help with Your Commercial Vehicle Accident Case in Fort Smith
Hiring a local attorney provides several benefits:
- Familiarity with Fort Smith’s traffic patterns: Understanding the local roads, such as those near the Fort Smith Trolley Museum or I-40, can be key in reconstructing the accident.
- Access to local experts: Attorneys often work with medical professionals, accident reconstruction experts, and auto repair specialists in Fort Smith who can support your case.
- Understanding of the local court system: An experienced Fort Smith attorney can guide you through the legal process, making it easier to secure the compensation you deserve.
Taking Action After a Commercial Vehicle Accident in Fort Smith
Commercial vehicle accidents are complicated, but the right steps can ensure that you protect your rights and secure fair compensation. By documenting the accident, understanding liability, and seeking professional legal guidance, you increase your chances of a successful outcome.
