Fort Smith Truck Accident Lawyers

Fort Smith truck accidents can and do involve every size and make of the various trucks on the road today. From small to big rigs, truck accidents can result in serious life-changing injuries. At the Law Office of Jason M. Hatfield, P.A., we know and understand the grief, worry, and fear involved in the aftermath of a truck accident. We are here to help you seek compensation for your losses.

Usually, the most frequent questions accident survivors have are: What happened? How did this happen? How am I going to pay my medical bills? How long am I going to be off work? What compensation can I seek? Can I file a lawsuit? Where do I find a good Fort Smith truck accident lawyer?

Trucking Companies Found in Arkansas

There are numerous large trucking companies that call Arkansas home. Thanks to the variety of companies, there is also a diverse range of trucks traveling the state’s highways and byways. Arkansas ranks amongst the leading states nationwide for quality load transportation services.

Some of the top trucking companies in Arkansas include:

Rich Logistics
CalArk International
J.B. Hunt Transportation Services Inc.
TLI Transco Lines
Comstart Enterprises Inc.
USA Truck Inc.
Maverick Transportation
PTL Services
J. M. Bozeman Enterprises Inc.
PAM Transport Inc.

While knowing the names of the largest trucking companies in Arkansas may not be that important, it is important to realize the range of trucks they use to transport goods – trucks that may be involved in a serious and potentially deadly wreck. There are 8 diverse classes and weights of trucks, ranging from light duty to heavy duty, on the road in Arkansas and the nation, laid out in the table below.

For instance, other types of trucks, heavy trucks, and other versions of truck transportation include but are not limited to:

Flatbed trucks
Dry vans
Temperature controlled trucks
Step-deck
Three-quarter tons
Cement trucks
Car transporters
18-wheelers
Refrigerator trucks
Emergency vehicles e.g., Fire trucks
Highway maintenance trucks
Tanker trucks
Garbage trucks
Logging trucks

By referring to the table below, you get a good sense of just how many types of trucks there are on the roads not just in Arkansas, but nationwide. Each type of truck can do a lot of damage if you are involved in a collision with one. The heavier the truck, the worse the damage. Trucks cannot stop on a dime.

Q: What happens if you are involved in an accident with a truck driver who is driving in Arkansas that is from out of state?

A: There is no short answer to this question, as it depends on the circumstances of the accident. Generally speaking, if someone is injured in a truck accident, they may file a lawsuit/claim in the state where the accident occurred or where the defendant lives. Additionally, fault in a truck collision also turns on the evidence at the accident scene. It also depends on contracts among the corporate clients, trucking agencies involved in the background, and the driver.

Part of the equation to ascertain liability also rests in determining who is an in-house employee or an independent contractor. These are complicated, factually intensive situations requiring extensive investigation in both states – the state where the accident happened and the state where the trucker/trucking company normally does business.

At the Fort Smith Law Office of Jason M. Hatfield, we’ve got your back and have handled hundreds of highly complicated truck accident cases. We take the time you need to walk you through all aspects of your situation, what is involved, what may transpire, and what the outcome may be. Truck accidents are incredibly stressful for everyone. We understand that. We are here to help you.

US Truck Class	Duty Classification	Weight Limit	Examples
Class 1	Light duty	0–6,000 pounds (0–2,722 kg)	Chevrolet Colorado/GMC Canyon, Ford Ranger, Honda Ridgeline FWD, Jeep Gladiator, Nissan Frontier, Toyota Tacoma
Class 2a	Light duty	6,001–8,500 pounds (2,722–3,856 kg)	Chevrolet Silverado/GMC Sierra 1500, Ford F-150, Honda Ridgeline AWD, Ram 1500, Nissan Titan, Toyota Tundra
Class 2b	Light duty	8,501–10,000 pounds (3,856–4,536 kg)	Chevrolet Silverado/GMC Sierra 2500, Ford F-250, Nissan Titan XD, Ram 2500
Class 3	Medium duty	10,001–14,000 pounds (4,536–6,350 kg)	Chevrolet Silverado/GMC Sierra 3500, Ford F-350, Ford F-450 (pickup only), Ram 3500, Isuzu NPR
Class 4	Medium duty	14,001–16,000 pounds (6,351–7,257 kg)	Chevrolet Silverado 4500HD/International CV, Ford F-450 (chassis cab only), Ram 4500, Isuzu NPR-HD
Class 5	Medium duty	16,001–19,500 pounds (7,258–8,845 kg)	Chevrolet Silverado 5500HD/International CV, Ford F-550, Ram 5500, Isuzu NRR,]Freightliner Business Class M2 106, Kenworth T170, Peterbilt 325
Class 6	Medium duty	19,501–26,000 pounds (8,846–11,793 kg)	Chevrolet Silverado 6500HD/International CV, Ford F-650, Freightliner Business Class M2 106, International MV[17], Kenworth T280, Peterbilt 330, Mack MD
Class 7	Heavy duty	26,001–33,000 pounds (11,794–14,969 kg)	Autocar ACMD,[18] Freightliner Business Class M2 106, Ford F-750 Hino 338, International MV, Kenworth K370, Kenworth T380, Mack MD, Peterbilt 220 and 337/348
Class 8	Heavy duty	33,001–80,000 pounds (14,969–36,287 kg) and above	Autocar ACX and DC; Volvo Truck VNL; Freightliner Cascadia, Business Class M2 112, 118SD, and EconicSD; Ford F-750; Hino XL8; International LT, HV, and RH; Kenworth T480, T680, T880, and W990; Mack Anthem and Granite; Tesla Semi; Nikola TRE, Pinnacle, and TerraPro; Peterbilt 389,579, and 520; Western Star 4800, 4900 and 5700; Pierce; E-One; Spartan; Ferrara; KME custom fire apparatus.

It is important to note that truckers working long haul routes and others driving heavy vehicles, as opposed to light and medium duty trucks, are governed by the rules and regulations mandated by the Federal Motor Carrier Safety Administration (FMCSA). The most relevant one that we hear a lot about at the Jason M. Hatfield Law Office is truckers are not allowed to drive for more than 14 hours. This rule is often more honored in the breach as drivers strive to meet tight delivery deadlines. For further information about FMSCA rules and regulations, visit HERE.

The Dangerous Roads in Arkansas

On Highway 12, a fatal accident occurs every 11.4 miles. The Insurance Institute for Highway Safety (IIHA) also cited 516 deaths in the wake of 472 fatal car and truck accidents in 2018 in Arkansas.

Other dangerous highways that witnessed deadly accidents include:

Highway 1 had 8 fatalities.
Highway 7 had 9 deaths.
Highway 25 had 8 deaths
Highway 62 with 22 deaths.
Highway 63 had 13 fatalities.
Highway 64 had 10 deaths.
Highway 65 recorded 11 deaths.
Highway 67 had 15 deadly crashes.
Highway 70 had 11 deaths.
Highway 71 recorded 17 fatalities.
Highway 79 had 8 deadly crashes.
Highway 167 had 8 deaths.
Highway 270 had 8 deaths.
Highway 412 had 16 fatalities.

Over the last 15 years, Fort Smith has seen serious traffic accidents with close to 700 crashes between Arkansas 45, U.S. 71, and I-540. The highest number of injuries and deaths happened at mile mark 1.35 at the intersection of Planters Road.

Arkansas 45, south of Zero Street, is traversed regularly by heavy trucks going to and from the Fort Smith landfill. A significant number of collisions have happened between the 1.43 and 1.46-mile mark on Arkansas 45 in Fort Smith.

Types of Fort Smith Arkansas Truck Accidents

There are numerous ways a truck of any size may be involved in a horrific accident with another vehicle or vehicles. Some examples of the types of crashes that may happen include, but are not limited to:

Blindspot accidents
Defective equipment accidents
Defective brakes
Head-on collisions
Jackknife accidents
Rear-end collisions
Rollovers
Shifting cargo accidents
Sideride collisions
Sideswipe accidents
T-bone crashes
Tire blowout accidents
Underride collisions
Wide turn accidents

Why Fort Smith ArkansasTruck Accidents Happen

In 2021, large trucks accounted for 5 percent of registered vehicles and 10 percent of vehicle miles traveled (Federal Highway Administration, 2023). Truck accidents happen for numerous reasons. Some of them include, but are not limited to:

DWI/DUI
Distracted driving
Driving while drowsy
Poor road conditions
Failing to drive according to weather conditions
Driving while under the influence of street or prescription drugs
Speeding
Road rage
Reckless driving
Improperly trained truck drivers
Not taking mandated break periods
Negligent hiring
Negligent or shoddy truck maintenance
Defective brakes
Defective tires
Improper cargo loading
Overloaded cargo
Log book violations
Hours of service violations

Large truck drivers were in 1.4 fatal crashes per 100 million miles traveled in 2021 – a rate lower than for passenger vehicles (1.7). In 2021, 4,714 people perished in wrecks with large trucks. Truck occupants represented 16 percent of the deaths, 68 percent were passenger vehicle occupants and 15 percent were pedestrians, bicyclists or motorcyclists.

Q: What happens if a truck driver is struck by another truck or car that ran a red light or stop sign?

A: In Arkansas, the person responsible for the accident is responsible for the injuries and damages caused. If a driver runs a red light, they are usually considered to be the person at fault for the resulting crash. If a trucker is hit by another truck or car disobeying a traffic signal, you can collect compensation by:

1. Filing a claim with their insurance company.
2. Filing a personal injury lawsuit.
3. Filing a third-party claim with the at-fault driver’s insurance company.

Arkansas also has “add-on” no-fault laws that policyholders buy and use their Personal Injury Protection (PIP) insurance for medical bills etc. no matter who was at fault for a crash. They may also file a personal injury lawsuit against the “at-fault” driver without restriction.

Common Injuries in an Arkansas Truck Accident

Large truck crashes often result in serious, life-altering injuries or death. Some of the injuries sustained include, but are not limited to :

Amputations
Ankle injuries
Back injuries
Broken bones
Burns
Concussions
Crush injuries
Death
Herniated discs
Internal organ damage
Knee trauma
Leg injuries
Neck injuries
PTSD
Paraplegia
Quadriplegia
Traumatic brain injuries
Serious scarring
Shoulder injuries
Spinal cord injuries
Whiplash

Perhaps the most common injuries sustained in a Fort Smith truck accident are those affecting the neck, back, and head in the form of a traumatic brain injury (TBI). These areas of the body take the most battering in an accident. This is due, in part, to the fact that commercial, heavier trucks often weigh up to 33 times more than a smaller car. During a collision, passenger vehicle occupants bear the brunt of the impact, resulting in severe injuries and/or death.

It is common for a driver involved in a wreck with a truck to sustain the following injuries.

Whiplash
Facet joint injuries
Spinal dislocations
Spinal fractures
Bulging discs
Herniated discs
Spinal stenosis
Spinal cord injuries

The back and neck are extremely flexible, and the force of impact can be monumentally blunt and brutal as our back and neck twist into positions we do not usually assume. The neck is particularly susceptible to injury since it already has a wide range of motion, meaning it is less stable.

Additionally, since the neck and back were not made to absorb the tidal wave shocking impact of a truck crash, the jarring of the body can result in nerve, joint, and tissue damage. Blows to the spine can result in lifelong impairment and serious pain.

Whiplash may involve the following symptoms:

Neck pain
Stiffness
Serious pain with neck movement
Loss of range of motion
Base of skull headaches
Pain and tenderness in upper back, arms, shoulders
Numbness and/or tingling in arms
Dizziness
Fatigue

Back injuries affecting the spinal cord may involve the following immediate and delayed symptoms:

Immediate Symptoms

Unable to control bladder
Unable to control bowels
Loss of balance
Difficult to breathe
Unable to walk
Immediate headache
Unable to move toes or fingers
Extreme head, neck, or back pain
Numbness in any part of the body
Tingling in any body part
Burning sensation in any body part
Landing in a twisted, unnatural position after impact

Delayed Symptoms

Belly bruising, pain, swelling, or tenderness
Painful pinching sensations in the back, neck, or shoulders
Several days of headaches that persist
Not able to lift light objects
Decreased hearing
Decreased vision
Numbness or tingling that does not ease in fingers, arms, or hands
Stress, unexplained panic, and anxiety

Types of Brain Injury Symptoms

Brain injury symptoms, or traumatic brain injuries, sustained in a truck accident may include, but are not limited to:

Nausea, vomiting
Fatigue
Slurred speech
Confusion
Retrograde amnesia, partial or total memory loss of accident pre-crash
Anterograde amnesia, partial or total memory loss post-crash
Change in sleeping habits
Loss of balance
Pressure in the head
Sensitivity to lights and/or sounds
Blurred vision
Dilated pupils
Mood swings
Numbness
Headaches
Dizziness

Traumatic brain injury symptoms have also been known to worsen in the aftermath of a TBI and post-concussion syndrome. Persistent post-concussive symptoms mean concussion symptoms last beyond the expected recovery period. Those symptoms may include headaches, dizziness, memory problems, and problems concentrating. TBIs are not “seen” injuries, but they impact a survivor’s quality of life.

Who is Liable For a Truck Accident?

Truck accidents are complicated and complex as they do not involve one or two parties. They can often include a whole cast of various players that may be named in a wrongful death or personal injury lawsuit.

Those who may be liable for a truck accident in Arkansas include:

The trailer lessee
The owner and/or driver of another vehicle in a crash
A third-party defendant, such as a maintenance company
The trucking firm’s parent company
The truck manufacturer
The trucker’s employer
The owners of the cargo onboard the trailer
The trucker
The owners of the truck
The lessees of the truck
The owner of the trailer

If you live in Arkansas, you have three years from the date of the truck accident to file a lawsuit resulting in serious injuries or death. The statute of limitations does affect your accident claim if you bring it to court before the limit expires.

Q: Distracted driving was involved on both sides, so who is at fault for a truck accident?

A: Arkansas is a modified comparative fault state. This means it follows the 50 percent bar rule. In a truck accident, it means survivors may recover compensation if they are less than 50 percent at fault for the collision. However, any recovery is reduced by the percentage of fault each driver was deemed to have for causing the crash.

Deeming who is at fault for a crash is usually done by the insurance adjusters after assessing all the available facts relating to a crash, including police, eyewitness, and driver accounts of the collision.

Put another way, in Arkansas, you may not recover compensation from the other driver if you are more than 50 or 51 percent at fault for an accident. You would have to pay for your medical expenses or repair bills, even if the other driver was partially at fault.

What to do After a Truck Accident in Arkansas

If you are able to move and get out of your vehicle, do the following:

Call 911.
Call an ambulance.
Use a cell phone to record the scene of the crash and the location.
Explain where the vehicles involved were prior to the crash.
Explain where the vehicles ended up after the crash.
Record all injuries, serious and minor.
Take pictures or video of the accident scene, including vehicle damage, resting locations, skid marks, road debris, and where the vehicles came to rest.
Get the addresses and names of everyone involved in the accident, if possible.
Try to get witness names and contact information.
Try to include the model, make, and license plate numbers for all vehicles in the wreck.
Get insurance information for all vehicles in the crash if possible.
Under NO circumstances, admit liability for the collision. Have any conversation about who was at fault with your Fort Smith truck accident lawyer at the Law Office of Jason M. Hatfield.
Be alert for fire breaking out.
Do not leave the scene of the accident.
Discuss your accident with an experienced Fort Smith truck accident lawyer at the Law Office of Jason M. Harfield.

Contact a Fort Smith Truck Accident Lawyer Today

If you or a loved one was recently involved in a Fort Smith truck accident, reach out to the Law Office of Jason M. Hatfield, P.A.

For more than two decades, attorney Hatfield and his dedicated team have served Fort Smith and the surrounding communities. As skilled negotiators, we can often resolve our client’s cases without the need for a trial; however, we are also aggressive litigators and will not hesitate to take your case to trial if the insurance company is not willing to offer a fair settlement offer.

To learn more and schedule a free consultation with a Fort Smith truck accident lawyer, give us a call today at 479-361-3575. Calling is free, and we will not bill you for our services unless we can help you recover compensation for your injuries.

Fort Smith Truck Accident Lawyers