Being involved in a truck accident in Arkansas can be one of the most overwhelming experiences you can go through. This is especially true if you suffered severe injuries and losses as a result of your crash. Knowing what to do after a severe collision with a commercial truck can be challenging. The good news is there are several things you can do to help you get the compensation you deserve from the liable parties. Our Fayetteville, AR truck accident lawyer, Ken Kieklak, invites you to keep reading as we discuss what you should do after a commercial truck accident in Arkansas.
What Should I Do After a Commercial Truck Accident in Arkansas?
It is easy to feel confused and overwhelmed after being involved in a truck accident in Arkansas. However, it is critical to understand that everything you do after your crash can significantly impact your potential claim. Therefore, it is essential to take a proactive approach and try the best you can to take action after your collision. Some of the things you should do after your truck accident include the following:
Get Medical Assistance
Getting medical assistance should be the first thing you do right after your truck accident in Arkansas. This serves two critical purposes. First, it allows you to take care of your injuries and rule out any underlying health issues. The extent of your injuries, any surgery, and continuing medical assistance will show up on your medical record. Your medical record can then be used to justify your compensation.
Report Your Accident to the Police
Make sure to report your accident to the police. An officer will show up to the crash scene and perform an investigation. After an assessment of your collision, the police officer will write a report detailing their findings. Make sure to ask for a copy of the police report and include it in your personal record. This document can help you support any future claim you may have.
Collect Relevant Evidence
Collect as much data as you can from your crash. If you are able to do so, take photographs of your accident and record a live video from the scene. All of these measures can help you support your claim against the liable parties. Additionally, make sure to ask for relevant information from all parties involved, such as their name, phone number, address, and insurance information.
Hire an Arkansas Commercial Truck Accident Attorney
Dealing with all of the moving parts in a severe truck accident in Arkansas can be challenging. This is particularly true if you have never been involved in a truck accident claim before. Thus, it is essential to hire an experienced Arkansas truck accident lawyer who can let you know what you can expect from your case.
Driver and Company Liability for Commercial Truck Accidents in Arkansas
After being involved in a truck accident, you would likely hold the truck driver liable for all of your losses. However, multiple parties may be involved in your crash. For instance, you may be able to hold the truck driver’s employer for any harm they caused you. This can be possible under a “vicarious liability” theory.
Many times, suing the truck driver’s employer may provide you with a better chance of getting full compensation. The liable truck driver may not have enough money to cover all of your losses. However, including their employer in your personal injury claim can help you recover more damages, or compensation. Your Arkansas truck accident attorney can help you hold all the liable parties accountable for your injuries.
Filing a Personal Injury Claim After a Commercial Truck Accident in Arkansas
If you or a loved one was injured in a truck accident in Arkansas, you might be able to file a personal injury claim to fight for compensation. The compensation or damages you may expect from your case can help you cover losses such as your medical expenses, lost wages, and pain and suffering. Additionally, the amount of compensation you can expect from your claim will depend on the specific circumstances of your case.
Before you can get compensation, you must be able to prove your claim. In every personal injury claim, the plaintiff has the burden of showing the defendant’s negligence through evidence. With your attorney’s help, you should provide the court with evidence showing the defendant owed you a legal duty. Additionally, you will need to demonstrate the defendant breached their duty of care, causing your accident, and leading to your subsequent losses.
Once you have proven and shown the existence of the elements mentioned above, the court may grant your compensation. If the court finds the defendant’s actions were particularly egregious, they may grant you additional compensation or “punitive damages.”
It is essential to understand that while you can fight for compensation after a truck accident, you have a limited time to file your claim. There have been many cases where injured victims decide to get medical help and wait until they are better to start exploring their legal options.
However, this should not be the best course of action after a severe truck accident. In Arkansas, the statute of limitations limits the time you have to file a personal injury lawsuit. Under Arkansas law, you have up to three years from the moment of your accident to file a claim with the court. Otherwise, the court will refuse to hear your case, and you may be left without a way to get the compensation you deserve.
Personal Injury Attorney Serving Victims of Commercial Truck Accidents in Arkansas
If you or a loved one was injured in a truck accident caused by a negligent truck driver in Arkansas, we can help. Our Fayetteville, AR personal injury attorney Ken Kieklak, has extensive experience handling cases in the name of injured victims in commercial truck accidents in Arkansas. We can help you hold the liable parties accountable for your losses and fight aggressively for the compensation you deserve. To learn more about our services in a free, confidential consultation, call Ken Kieklak, Attorney at Law today at (479) 316-0438.
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