We all rely on delivery trucks in one way or another. Whether you’re getting items delivered to your home or you’d rather purchase them at a store, these vehicles are crucial. Unfortunately, not all encounters with delivery trucks are pleasant. Delivery truck accidents, while not common, still occur. Even though delivery companies generally try to put safe vehicles and responsible drivers on the road, accidents do occur. If you or a loved one were injured in an accident involving a truck, it’s important that you know your rights. A Bentonville truck accident lawyer can help you with your case.
Common Reasons for Delivery Truck Accidents
Delivery truck accidents can result from several factors including:
- Distracted driving
- Drunk or drugged driving
- Driver fatigue
- Failure to yield the right-of-way
- Mechanical failure
- Improperly loaded cargo
- Poor maintenance
If you can prove that the crash was due to negligence on the part of the driver or a third party, you should be able to get compensation for your injuries and other losses.
Common Injuries Following a Delivery Truck Accident
Because trucks are larger and heavier than passenger cars, they can easily result in catastrophic injuries. Some of the injuries that are most likely to occur include:
- Traumatic brain injuries
- Spinal cord injuries
- Neck injuries
- Back injuries
- Broken bones
- Internal injuries
- Post-traumatic stress disorder
Claiming Compensation Following Your Accident
In order to get compensation, you’ll have to prove that someone else was more at fault for the accident than you were. Truck accident cases can be complicated since there’s often more than one party who can be held responsible. Possible defendants include:
- The driver. If the truck driver’s actions or inaction caused the accident, you can file a claim with their insurer. The driver may have been speeding, driving while intoxicated, or simply driving recklessly.
- The delivery company. If your injuries exceed the limits of the driver’s insurance policy, you may be able to seek compensation from their employer. Also, if you have evidence the driver’s employer was negligent and their actions directly led to the accident, you can file a claim against them even if the driver had enough insurance.
- The manufacturer of the truck or its parts. Sometimes accidents occur because of product defects. Neither the driver nor their employer may have been aware that the truck or one or more of its components were not properly made. In such a case, you would have to file your claim against the manufacturer.
Steps to Take After a Bentonville Delivery Truck Accident
Regardless of who is ultimately found to be responsible for your crash, you can help your case by doing the right thing following the accident. A lot will depend on if you’re capable of moving around. Many delivery truck accident victims are so badly injured that they can only wait for the ambulance to arrive. However, if you’re physically able, you should start to gather evidence and protect your right to seek compensation later.
The first thing you need to do is ensure that everyone in your vehicle is safe and not in any further danger. If you can safely do so, move to the side of the road so you’re not in the path of traffic. After that, you need to get contact details and insurance information from the other driver.
It will also be helpful if you can take photos of the accident scene, both vehicles, the truck’s license plate, and the road conditions. These can help you to prove what happened if you need to file an insurance claim or a lawsuit.
It’s extremely important that you go to the doctor after the crash. You won’t have much of a choice if you have obvious injuries but if your injuries seem minor, you may be tempted to go home and wait things out. This is never a good idea since any delay in seeking medical attention and treatment could put your claim in jeopardy. You will need a doctor’s report to link the accident to your injuries and to prove the extent of your injuries.
If your injuries are serious, you should also contact an attorney for advice. Insurance companies are rarely eager to pay out large claims so you will need someone to negotiate on your behalf and get you the compensation you deserve. You typically have three years to file a personal injury lawsuit in Arkansas but since truck accidents are complex, your attorney will need lots of time to work on your case.
Get Legal Advice from the Law of Office of Jason M. Hatfield, P.A.
We offer free consultations and we work on a contingency fee basis, so you have nothing to lose by contacting our Bentonville truck accident attorneys at Jason M. Hatfield, P.A. Discuss your case with us today.