Elliott & Smith Law Firm

I-40 Truck Accident Involving FedEx Tractor Trailer Brings Tragedy

A fiery truck accident along Interstate 40 near West Memphis, AR killed one individual and injured others on March 22, 2019, according to a report from Fox News Channel 13.


Fayetteville, AR -- (ReleaseWire) -- 03/29/2019 --The crash occurred before 9 am and involved a FedEx tractor trailer and one other large truck. As Arkansas State Police continue their investigation; FedEx issued a statement to loved ones of the victims. They also indicated the intent to fully cooperate with authorities.

Injured victims may have a claim in a truck accident. However, many people have questions about their rights when a loved one is killed in such an incident. Surviving family members suffer losses beyond the grief and emotional implications. The financial strain can be overwhelming as bills pile up; at a time when the deceased can no longer contribute to the household.

J. Timothy Smith, a founding partner at Elliott & Smith Law Firm in Fayetteville, AR, focuses on deadly 18-Wheeler tractor-trailer collisions and large truck accidents. "Many people don't realize that they do have rights when a loved one dies as the result of negligence. There are ways to recover compensation to ease the financial hardship through a wrongful death claim."

Under Arkansas law, certain individuals can file a wrongful death case to seek monetary damages from the party responsible for causing a fatal truck accident. A personal representative named in the victim's will or someone appointed by a probate court can file a lawsuit that is similar to a personal injury case. There are many types of compensation available to the surviving spouse, children, and other family members, including:

Medical costs for treating the victim's last illness;

Funeral and burial expenses;

Losses related to the decedent's financial contributions to the family;

Losses that survivors sustain because the deceased can no longer provide guidance, care, comfort, support, and education; and,

Many other types of losses.

Mr. Smith noted that "It's true a wrongful death claim can't bring a family member back, but the compensation can help cover certain costs; helping survivors cope with their grief."

The challenge in many Arkansas truck accident cases, including wrongful death claims, is proving the claim. Truck operators, trucking companies, insurers, and related parties can be difficult because they seek to protect their own interests. Surviving family members suffer when the responsible parties are unwilling to pay out. Therefore, it is essential to retain experienced counsel to handle a wrongful death case.