Arkansas Accidents

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I gave a recorded statement after my Fort Smith FedEx crash. Did I ruin it?

You have 3 years to file an Arkansas injury lawsuit, but the damage from a bad recorded statement can start today. If the ER or your doctor told you "this may get worse in a few days," the insurance adjuster will still use any line where you said "I'm okay" or "just sore" to argue your injuries were minor.

That does not automatically ruin your case.

After a Fort Smith crash, especially on icy bridges or overpasses near I-540, Highway 71, or Rogers Avenue, it is common for multiple insurers to start pointing fingers. A FedEx driver's insurer may blame your employer's fleet policy. Your own auto carrier may say the delivery truck caused it. If road conditions or a pothole played a role, they may even try to shift blame elsewhere.

Arkansas uses modified comparative fault. If you are found 50% or more at fault, you recover nothing. If you are under 50%, your recovery is reduced by your share. That is why recorded statements matter: insurers use them to push fault onto you.

Do this now:

  • Ask for a copy or transcript of your recorded statement.
  • Get your ER records, imaging, and follow-up notes immediately.
  • Report every new symptom in writing, especially if pain worsened after the crash.
  • Get the Fort Smith Police Department or Arkansas State Police crash report number.
  • Save all wage-loss proof if you missed hourly work, even one shift.

Also watch for subrogation. If your health insurance, Arkansas Medicaid, or workers' comp paid bills, they may claim part of any settlement. During tax season, that matters because a "quick check" can shrink fast after medical liens.

One statement rarely destroys a claim by itself. The bigger risk is letting insurers lock in your version before the medical records and crash evidence show who really shares fault.

by Travis Langley on 2026-03-30

This is general information, not legal counsel. Your situation has details that change everything. If you were injured, speaking with an attorney costs nothing and could change your outcome.

Speak with an attorney now →
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