If you can establish the existence of an employment relationship between the truck driver and a trucking company or motor carrier, then you may be able to recover from both the driver and the company under a legal theory known as "respondeat superior." Contact an experienced truck accident attorney who can help you determine whether you have a claim.
Learn More About Truck Accidents
If you have been injured in a semi truck (tractor trailer, 18 wheeler) accident or any other truck accident, we are prepared to help you seek compensation for the medical bills, lost wages and other hardships you are facing. At Elliott & Smith, P.A., we have 50 years of combined experience helping truck accident victims carry forth personal injury lawsuits.
To learn more about truck accidents, please review the general information below and visit our car accidents page. To schedule a free initial consultation with one of our car accident lawyers, contact us online or by phone at 479-JUSTICE (587-8423) today.
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At Elliott & Smith, P.A., we handle truck accident injury cases for people in the state of Arkansas. Our attorneys are focused solely on personal injury accidents and have a long track record of success winning cash settlements for our clients.
At Elliott & Smith, P.A., we help people from Fayetteville and throughout Arkansas with 18 wheeler (semi truck, big rig) accident lawsuits. With 50 years of combined experience, our lawyers are fully equipped to seek full and fair compensation for the hardships you are facing.
What to Do if You Are Injured in a Truck Accident
A motor vehicle accident is a serious matter, particularly when it involves a commercial truck. If you or a family member was involved in a truck accident, regardless of whether or not you were injured, you may be wondering what you should do next.
What follows is a general guide to what you should do immediately after an accident involving a truck such as a tanker, tractor trailer, semi or 18-wheeler. Your first priority should be taking care of any injuries you sustained. The next thing you should do, as soon as possible after the accident, is contact an attorney. An experienced truck accident attorney at Elliott & Smith, P.A. in Fayetteville can advise you about what to do and the steps that you need to take in order to preserve evidence and bring a claim.
Say Nothing
When talking to the police or highway patrol about the accident, it is important to be truthful, but to also keep your comments minimal. Limit yourself to asking if anyone was hurt. You should especially not:
- Apologize
- Admit it was your fault
- Tell the other driver that your employer will take care of everything
- Say "I didn't see you" or anything of the kind
Comments like these could be taken as an admission of fault. At this stage, it is often too early to determine fault, and you do not want to risk damaging your case down the road.
Report the Accident
Call 911 to report the accident. Many state laws require that you report an accident right away. Leaving the scene of an accident without waiting for the police to come is a crime in most states. Reporting the accident is also important if someone has been injured and needs immediate medical attention.
See a Doctor
It is best to seek attention quickly, even if you are not sure that you need it. You may be dazed or confused from the accident and not notice your own injuries. It is important to make sure that you have not sustained any serious injuries, or if you have, that you are seen by a doctor or other health care professional immediately.
Notify your Insurance Company
Instructions on how to report a claim, including the person or office to which it must be reported, will be found in your insurance policy. You should also review your policy to find out how much and what kind of coverage you have.
Contact an Attorney
If you or a loved one has been seriously injured in a truck accident, it is important to contact an attorney as soon as possible. If you would like to file a lawsuit, it is critical to have an attorney begin investigating the accident and preserving evidence so that it is not lost. An attorney can assist you with gathering evidence such as:
- Information regarding the truck's condition and maintenance records
- The speed the truck was traveling at the time of the accident
- The truck driver's log book, GPS information and the truck's "black box"
- Witness statements from eyewitnesses and first responders
- The driver's driving history and whether he or she had any prior accidents
- The transportation company's policies and procedures regarding safety and maintenance and the company's accident history
Your attorney will also be able to work with expert witnesses who may be needed to testify about the possible negligence of a trucking company or driver. An expert can be any person who has experience in the trucking industry, such as a former trucking company executive, a safety director, a department of transportation investigator or an accident investigator with experience in the trucking field.
Conclusion
After a serious accident involving an 18-wheeler, tanker, dump truck or other large commercial vehicle, you may have many questions. An attorney at Elliott & Smith, P.A. in Fayetteville can provide advice about how to handle your truck accident case.
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