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Hiring a Truck Accident Attorney in Arizona

You may have many questions when you are involved in a truck collision, we are here to help! We have compiled a list of the most frequently asked questions by truck accident victims in the state of Arizona.

Do Semi Trucks Cause More Accidents Than Other Vehicles in Arizona?

Arizona keeps track of vehicle crashes by year, but the state’s Department of Transportation doesn’t take into account whether commercial vehicles were involved in those crashes.

Are Semi-Truck Accidents Common in Arizona?

An official total is hard to come by, but previous estimates have named the portion of Route 10 that runs through Arizona one of the deadliest stretches of road in America.

What Are Common Types of Truck Accidents?

Override accidents, underride accidents, and blind spot accidents are among the most common incidents impacting large trucks.

These vehicles are also subject to runaway truck crashes, jackknife crashes, and squeeze-play crashes.

What Causes Most Truck Accidents?

While nearly any type of behavior or situation could ultimately lead to a truck accident, distracted driving is on the rise across the board, leading to more than 3,000 deaths in 2020 alone, according to the National Highway Traffic Safety Administration (NHTSA).

What’s the Average Settlement for a Truck Accident Case in Arizona?

Every case, and its potential settlement, is different. An experienced truck accident attorney will be able to determine the amount of damages you may be entitled to.

Being involved in a motor vehicle accident with a big rig can be life-changing. If you or a loved one have suffered injury or property damage in the wake of a truck crash, an experienced truck accident lawyer can provide the legal advice you need to successfully file a claim.

Overturned truck in a field next to road

If you or a loved one have been involved in a truck crash while traveling through Arizona, you may be entitled to compensation. Top-rated personal injury lawyers across Arizona can help build your case, whether you live in Phoenix, Scottsdale, Tucson, or anywhere in between.

 

Who Is At Fault for Large Truck Accidents in Arizona?

It may seem easy to assign fault in the case of a collision between a large truck and a passenger vehicle, but there are actually a number of legal factors to keep in mind.

Fault is issued on one of several different levels, which speak to the intentionality of the actions leading up to the crash, including:

  • Negligence: The failure to take proper care on the road, such as running a red light
  • Recklessness or wanton behavior: Irresponsible driving behavior that increases the odds of an accident occurring, such as tailgating or speeding
  • Intentional misconduct: Behavior that was avoidable yet leads to an accident, such as driving under the influence

Plus, most personal injury cases also consider the issue of liability — a legal definition that covers a wider range of actions and parties which could have contributed to the situation that ultimately caused the accident.

 

Are Truck Drivers Always Liable for Truck Accidents?

A truck driver will be found liable for an accident if he or she was participating in dangerous and avoidable behavior leading up to the crash, or if they were found to have been negligent, careless, or reckless on the road.

In these types of auto accident cases, it’s not just large vehicle operators who are potentially on the hook. Other drivers on the road may have behaved in ways that led to an accident, and poor weather conditions can also be in play.

Top personal injury attorneys who specialize in these types of cases will look beyond an accident scene for potential liable parties, which could include a number of other people or institutions.

 

Other Potential Liable Parties

Trucking companies have a number of responsibilities which leave them at risk for being found liable in these cases.

If they fail to require drivers to have proper training, ensure all systems are safe, or properly maintain their vehicles, they could potentially be included in a personal injury case.

The same goes for local, state, and national government offices. In cases where unsafe road conditions played a role in the accident, these institutions could be brought to court, as they are responsible for designing, building, and maintaining safe and reliable roads.

Regardless, any parties found liable in these cases will be those responsible for paying damages.

 

What Are Your Legal Options After Being Injured in an Arizona Truck Accident?

Truck accidents unfortunately often lead to severe injury, but these cases do leave you with some legal recourse.

Consult a Truck Accident Attorney

Experienced Arizona truck accident attorneys can help you file a personal injury claim.

A free consultation will help a legal team get to know the details of your case, and, if you choose to continue working with them, they can help you start determining the type of compensation you may be entitled to.

File a Personal Injury Claim

Once you’ve settled on a law firm, you can begin the process of filing an injury claim.

Your attorney will know how to handle your claim and help you gather the appropriate evidence, file the claim, and potentially file a lawsuit, in the case of parties being unwilling or unable to settle out of court.

Negotiate a Fair Settlement

Many law offices representing truck accident victims will try to negotiate a settlement out of court. In these situations, your truck accident lawyer will reach an agreement with the other parties’ attorneys about how much compensation is owed, and by which parties.

Sometimes, however, these negotiations break down. In these cases, you’re still not out of legal options.

File a Lawsuit

In the case where the parties involved can’t see eye to eye, you can bring your case to open court, where a judge or jury will determine fault and any compensatory damages.

What Can Affect Your Truck Accident Claim?

Each case is different, and a number of factors may impact not just your personal injury claim, but the verdict that is officially rendered in your case.

Some of the biggest issues impacting truck collision cases include:

  • Who is considered at fault
  • The severity of any injuries incurred
  • Your age
  • The insurance companies and insurance policies involved
  • The overall severity of the impact of the accident on your life and lifestyle

 

Damages You Can List in Truck Accident Cases

If you or a loved one have been injured in a crash with a large commercial truck, you can seek financial compensation for your experience.

These payments are called damages, and they’re meant to cover all the costs you incurred in the accident, whether they be financial, physical, or emotional.

Medical Bills

In cases where the truck accident resulted in any physical injuries, you could receive damages for medical treatments or any related medical expenses you incurred, including for:

  • Medical devices
  • Rides to and from the hospital
  • Doctor visits
  • Ambulance rides
  • Surgery and hospitalization costs
  • Prescription and over-the-counter medications
  • Costs for at-home medical care
  • Therapy or rehabilitation bills

Lost Wages

Lost wages are damages related to missing work in the wake of a serious car accident. If injuries sustained in the crash caused you to miss work, you may be able to seek compensation for:

  • Salary
  • Bonuses
  • Promotions
  • Lost accounts

In the case where a catastrophic injury left you unable to return to your job or pursue a similar line of work, there may be the possibility of seeking additional compensation. This would cover any diminished earning capacity or costs related to changing careers.

Pain and Suffering

While more subjective and difficult to financially tabulate, this category of damages is meant to compensate for some of the most impactful aspects of a truck crash, including:

  • Loss of the companionship of a partner or spouse
  • Mental anguish
  • Physical pain
  • Loss of enjoyment of life
  • Disfigurement

Wrongful Death

There’s no way to ever make up for losing a loved one, but these damages are intended to atone for emotional and financial costs of a fatality in a large truck accident, including:

  • Funeral or burial expenses
  • Loss of financial support
  • Loss of emotional support
  • Loss of income or capacity to save money

 

Arizona Laws That May Affect Your Personal Injury Case

Arizona is home to a number of specific laws you’ll have to adhere by when filing your personal injury claim.

Comparative Negligence

The actions of each party involved are taken into account, and liability can be assigned to a number of different parties. You may even be found an at-fault party in your own case, which could affect the amount of damages you’re ultimately rewarded.

At-Fault Laws

Arizona is also an at-fault state, which means the region holds whoever is responsible for causing the car accident ultimately responsible for paying any damages. (This compares to no-fault states, where everyone’s insurance providers cover their own actions.)

Statute of Limitations

In Arizona, the statute of limitations for big rig accidents is two years, meaning truck accident victims have that long to file their claim.

 

What Injuries Are Caused by Tractor-Trailer Accidents?

A collision with a commercial vehicle can lead to a number of serious injuries, including:

  • Cuts and lacerations
  • Bone fractures
  • Disfigurement
  • Dismemberment
  • Internal bleeding
  • Organ damage
  • Spinal cord injuries, including paralysis
  • Traumatic brain injuries and other head injuries

An experienced personal injury attorney will be able to help you seek the proper compensation for these injuries.

 

Common Causes of Commercial Truck Accidents

The nature and design of large trucks, passenger cars, the motorists who drive them, and the companies who regulate large trucks lead to a number of common causes in these cases.

Driver Error

Careless actions on the part of the truck driver or drivers of passenger cars often lead to an accident.

Typically considered closer to a true accident, errors can include cases of driver fatigue, driving while distracted, or other similarly unintentional situations.

Driver Negligence

Slightly more serious than driver error, driver negligence describes situations where a motorist’s intentional actions increased the odds of them being involved in a crash.

This can refer to a range of behaviors, including failing to check a blind spot, tailgating, speeding, or even driving under the influence.

Improperly Loaded Cargo

A large commercial truck may be loaded in ways that make cargo spill accidents more likely to occur, including:

  • Overloading: A truck that’s filled beyond its gross vehicle weight rating, which may be harder to stop or maneuver on the road.
  • Improperly secured cargo: When cargo is not properly secured, it can shift during transit, leading to weight imbalances that cause a number of complications.
  • Imbalanced loads: Cargo that’s not evenly distributed also leads to weight imbalances, which typically make large trucks harder to handle for drivers.

Trucking Company Negligence

Generally, a trucking company will be found liable if a truck is found to be improperly loaded. But there are other ways these companies may inadvertently cause accidents, including if they:

  • Fail to properly maintain a vehicle
  • Fail to properly train employees
  • Fail to follow other trucking industry standards and regulations

 

Types of Truck Accidents

Aside from there being a number of common causes of truck accidents, there are also many common types of accidents involving commercial vehicles. These generally include:

  • Override accidents: When a smaller vehicle in front of a commercial truck gets run over
  • Underride accidents: When a passenger vehicle crashes under the back or side of a big rig
  • Squeeze-play accidents: When a passenger car gets caught between the curb and a tractor-trailer
  • Jackknife accidents: When a trucker drives too quickly and their tractor-trailer skids to the side of their cabin
  • Runaway truck accidents: Typically when a truck’s brakes fail, causing them to careen out of control
  • Cargo spills: When a tanker truck or other tractor-trailer crashes and spills their cargo
  • Blind spot accidents: When a trucker or other motorist hit a vehicle that they fail to see in their blind spot
  • Rollovers: When the impact of an accident causes a truck or passenger vehicle to roll over or onto its roof

 

Truck Accident Rates in Arizona

As the home to a number of interstate highways and highly trafficked trucking routes, Arizona sees high numbers of trucking accidents.

The state recorded 121,345 total car crashes in 2021 alone, including 1,063 that were fatal, according to the state’s Department of Transportation. Among those, 100,518 were multi-vehicle crashes, which could include a car colliding into a truck.

The state estimates more than 10 billion miles are driven each each in the Phoenix metropolitan area alone.

 

Top Benefits of Hiring an Arizona Truck Accident Lawyer

You are not required to hire legal representation in the case of a truck accident, but the practice is undoubtedly beneficial.

Law firms or legal teams that specialize in these cases have years of experience, allowing them to understand semi-truck accidents, how they occur, and what it takes to build a strong case.

A semi-truck accident lawyer will also know how to look for damages, who could be named a liable party, how to interpret police reports, and which type of evidence will be needed to best present your case.

Plus, many of these law firms have previous interactions with a number of insurance companies and trucking companies, which can help in the negotiation process.

 

Connect With the Best Truck Accident Lawyers in Arizona

Truck accidents can be devastating to encounter, but an experienced truck accident attorney may be able to help you get the compensation you deserve for your experience.

If you or a loved one have been injured in a large truck accident in Arizona, LegalFinders can help you find a top law firm to help you build the strongest case possible.

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Published: 31 October 2022

ARTICLE SOURCES

Arizona Department of Transportation (ADOT) — Motor Vehicle Crashes 2021

Arizona Department of Transportation (ADOT) — Fast Facts from ADOT

National Highway Traffic Safety Administration (NHTSA) — Distracted Driving

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