If you’ve been injured in a tractor-trailer wreck, the actions you take in the immediate aftermath of the crash can have a significant impact on your health and any personal injury claim you may file. Unlike standard car crashes, collisions with tractor-trailers are far more complex — they often involve multiple potentially liable parties, require an understanding of state and federal regulations, and demand the collection of highly technical evidence. Additionally, because of the sheer size and weight of commercial trucks, these crashes often cause far more serious injuries.
In the moments and days following a collision, knowing what to do can help protect your legal rights and ensure you receive the medical care you need. Below are several steps to take if you’ve been involved in a tractor-trailer accident:
1. Call the Police
One of the first things you should do after being struck by a tractor-trailer is contact law enforcement. Responding officers will investigate the scene and prepare a police report. Although a police report is generally inadmissible in court under the hearsay rule, it can be an essential tool in insurance negotiations and early case evaluation. It may document road conditions, witness statements, preliminary fault assessments, and other critical information that can help establish liability.
2. Seek Medical Attention
Even if you don’t think you were injured in the crash, seek medical attention immediately. While many types of injuries may not appear until days or weeks later, getting prompt medical help can rule out any internal injuries and ensure you obtain the treatment you need. Your medical records will also create important documentation linking your injuries to the crash — and play a key role in any personal injury lawsuit you file.
3. Gather Evidence at the Scene if Possible
Evidence from the scene of a tractor-trailer accident is vital to building a solid claim. If you are physically able to do so, document the scene before conditions change. Take photos of the damage to the vehicles, visible injuries, traffic signals, signage, and road conditions. Be sure to obtain the names and contact information of any witnesses who observed the collision as it occurred.
4. Exchange Insurance Information with the Truck Driver
Exchanging information with the truck driver is an important step in protecting your rights and initiating a claim after a tractor-trailer accident. Obtain the truck driver’s name, license number, and contact information. You should also document the trucking company’s name, commercial insurance carrier, policy numbers, and the vehicle’s DOT and license plate numbers. Since commercial trucks often carry multiple layers of insurance coverage, accurately identifying all applicable policies at the scene can help ensure each responsible party is held accountable.
5. Report the Accident to Your Insurance Company
Notify your insurance company promptly after a tractor-trailer accident to protect your coverage and begin the claims process. While you should provide your insurer with accurate details about the collision, avoid admitting fault or speculating about liability. Statements you make to the insurance company can later be used against you and impact fault determinations.
Before speaking with the trucking company’s insurance company, consult with an experienced personal injury attorney. They can best advise you, ensure your interests are safeguarded, identify the liable parties, and help preserve evidence in your case. Notably, once you are represented by counsel, the insurance companies can no longer communicate directly with you.
6. Understand Your Right to Compensation
If you were injured in a tractor-trailer accident, you may be entitled to a wide range of damages under Arkansas law. By filing a personal injury action, you may be able to recover compensation for your:
- Unreimbursed medical expenses
- Future medical costs
- Lost wages
- Future lost earnings
- Out-of-pocket costs
- Pain and suffering
While Arkansas follows the modified comparative fault rule, you can typically recover damages as long as you are not 50% or more to blame for the crash. Any damages awarded would be reduced by your share of fault.
Contact an Experienced Arkansas Personal Injury Attorney
If you suffered injuries in a tractor-trailer accident, it’s crucial to hold the negligent party accountable. Providing unwavering representation and adept advocacy for the injured and wronged, the Arkansas car accident attorneys at Caddell Reynolds Law Firm are committed to helping tractor-trailer accident victims secure the maximum monetary recovery they deserve. If you or a loved one were harmed in a tractor-trailer collision, contact us today to schedule a free consultation to learn how we can help you and your family rebuild your lives.