Arizona Truck Accident Lawyer
Have you been injured in an Arizona truck accident? Truck accidents are major events that can leave victims in need of expensive medical care. This financial burden is especially challenging for victims whose injuries have left them unable to work. If you are panicking about the costs resulting from your crash, know that you may be entitled to substantial compensation at this time.
At Swenson & Shelley, our Arizona truck accident attorneys have the resources and experience you’ll need to obtain a fair financial recovery in the wake of a truck accident. During a free consultation, we’ll explain our approach to representation and how our attorneys work to secure rightful compensation for our clients. If you choose to pursue legal action, we’ll guide you through every step of the recovery process. Contact us today to learn about your rights and options under the law.
Do You Have a Truck Accident Case?
Not every victim of a truck accident has grounds upon which to file a personal injury lawsuit. For a truck accident case to be successful, a victim must generally prove the following legal elements:
- A truck driver or other party had a responsibility to avoid harming you – This element is usually the easiest to prove in a truck accident case. Like all motorists, truck drivers have a responsibility to operate their vehicles safely. Similarly, trucking companies, truck parts manufacturers, and others have legal duties to travelers that they are bound to uphold.
- A truck driver or other party was negligent, reckless, or intentionally trying to harm you in some way– Successful truck accident cases prove that a responsible party breached their legal duty to the victim by acting in negligent, reckless, or intentionally harmful ways. Attorneys gather evidence to prove that at-fault parties were engaging in unsafe conduct that led to the crash in question.
- The responsible party’s conduct led to the victim’s injuries– It is not sufficient to simply show that someone was negligent, reckless, or trying to harm a victim. A victim must provide evidence of a causal link between the other party’s negligence and the crash that caused their injuries.
- The victim’s injuries resulted in real, measurable losses– Finally, a victim must demonstrate that they suffered real losses as a result of their injuries. Examples of real losses include financial losses, such as medical expenses. They may also include personal losses, such as pain and suffering.
Common Causes of Commercial Truck Accidents in Arizona
Due to the colossal size and weight of commercial trucks, the consequences of truck accidents tend to be catastrophic. Some of the most common causes of truck accidents include:
- Driver distraction
- Texting while driving
- Driving under the influence
- Driver fatigue
- An inability to stop quickly
- Merging challenges
- Reckless driving
- Aggressive driving
- Road rage
- Following too closely for conditions
- Failure to check blind spots
- Failure to yield the right of way
- Improper turning maneuvers
- Inadequate vehicle maintenance
- Poor road conditions
- Hours of service violations
- Lack of driver training
- Unreasonable motor carrier expectations
- Excessive braking or braking too quickly
- Taking turns too quickly
- Unsecured or unbalanced cargo
- Overloaded cargo
Why Truck Accident Claims Are So Complicated
When compared to car accident cases, the average truck accident case is typically more complicated. These are a few of the reasons why truck accident cases are often very complex:
- Commercial trucks are massive machines – Commercial trucks are difficult to operate and contain thousands of moving parts that are unfamiliar to most. Partially as a result of their construction, it can be a challenge to identify how and why some truck accidents occur.
- The trucking industry is highly regulated – The commercial trucking industry is subject to a variety of federal and state laws that do not apply to light vehicle drivers. Lawyers train for years to recognize potential violations of these regulations.
- Truck accident claims are often high-value – Many truck accidents cause catastrophic damage and life-changing injuries that can be costly to repair and heal. As a result, many truck accident claims are expensive, which can make insurers fight hard to minimize their payout.
- Many different parties can share liability – There may be multiple parties who share responsibility for a crash. This can make a claim much more complicated, but it also means there may be multiple potential sources for recovery.
- Truck crashes create unique kinds of evidence – Motor carriers are required to maintain extensive records, which means that various types of unique and useful evidence are often made available after a truck accident. This evidence may include records concerning the history of the trucking company, driver performance, and the truck itself.
Why You Need a Lawyer for Your Truck Accident Case
Because truck accident cases are usually so complicated, it’s best to seek help from a qualified attorney as soon as possible after an Arizona truck wreck. A knowledgeable truck accident attorney can help you get back on your feet by:
- Listening to your story, answering your questions, and explaining your legal options during a free initial consultation
- Conducting an independent investigation of the truck accident to identify at-fault parties and useful pieces of evidence
- Managing important case documents, files, and deadlines on your behalf
- Communicating with trucking industry representatives, insurance companies, and attorneys on your behalf
- Working with expert witnesses such as accident reconstruction specialists who can provide valuable testimony to support your claim
- Negotiating forcefully to maximize your compensation
- Taking your case to court and representing you at trial, if negotiations fail
What Compensation Can Be Recovered?
After a successful truck accident claim, you can be awarded money to compensate you for a variety of crash-related losses. Truck accident recovery may include compensation for:
- Medical costs for accident-related treatment
- Out-of-pocket expenses for incidental costs
- Lost wages from missed time at work
- Future medical bills and lost earning capacity
- Pain, suffering, and lost quality of life
- Repair or replacement costs for property damage
Who Could Be Held Liable for an 18-Wheeler Accident?
Any of the following parties may be partially or totally liable for an Arizona 18-wheeler accident:
- The truck driver – The truck driver may be at fault if they were distracted, impaired, or otherwise negligent when the accident occurred.
- Another road user – Other motorists, cyclists, or even pedestrians could share liability if their negligence contributed to the accident. For example, a cyclist could be liable if they didn’t pay attention to a right of way and prompted the truck driver to veer into another lane to avoid hitting them.
- The trucking company – The trucking company that owns the truck or hired the driver may be vicariously at fault for the driver’s actions. The company may also be directly liable if it knowingly hired an unqualified driver, encouraged unsafe driving practices, or failed to properly maintain the truck involved in the crash.
- A cargo loading team – A cargo loading team or company could be at fault if it overloaded the truck with too much weight, failed to properly balance the load, or failed to properly secure the cargo.
- A truck maintenance provider – A truck repair shop or maintenance provider could be at fault if it failed to properly inspect, repair, or maintain defective truck components that contributed to the accident.
- A government agency – If poor road conditions such as missing signage or inadequate drainage contributed to the truck accident, a local government agency responsible for maintaining the road may share liability.
How Is Fault Determined in a Truck Accident?
When investigators evaluate a truck accident to determine who was at fault, they often examine the following types of evidence:
- Police accident reports
- Toxicology test results
- Driver cell phone and GPS records
- Photos of the accident scene
- Footage from traffic cameras and dash cams
- Statements from eyewitnesses
- Testimony from expert witnesses
- Data from truck “black box” recorders
- Data from electronic logging devices (ELDs)
- Cargo loading manifests
- Trucking company dispatch instructions
- Trucking company hiring and training records
- Truck maintenance and repair records
Tips for Protecting Your Rights After a Truck Accident in Arizona
Here are some steps you can take to protect your legal rights after an Arizona truck accident:
- Seek prompt medical attention, even if it doesn’t seem like you are injured
- Follow your doctor’s care plan and attend all follow-up appointments
- Establish a “pain journal” to record how your injuries affect you
- Gather evidence such as photos and witness statements from the crash scene
- Keep track of medical bills, pay stubs, and other crash-related documentation
- Watch what you say to others or post on social media while your case is pending
- Contact an experienced truck accident lawyer as soon as possible
Statute of Limitations for Truck Accident Lawsuits in Arizona
If you suspect you may have grounds for a truck accident lawsuit in Arizona, it’s important to understand how the statute of limitations could affect your case.
The Arizona statute of limitations for personal injury limits the time that truck accident injury victims can file a lawsuit. The deadline in Arizona is two years after an injury occurs. If you wait longer than these two years to file, your case will likely be dismissed, and you’ll lose your right to demand compensation.
The Arizona truck accident lawyers of Swenson & Shelley can keep your truck accident case on track and work to file important legal paperwork on time.
Speak with an Arizona Truck Accident Attorney Now
The Arizona personal injury attorneys of Swenson & Shelley have decades of combined experience aggressively pursuing the interests of truck accident injury victims. Truck accident victims deserve the relentless pursuit of justice, so our firm proudly offers free legal consultations. Contact us today to learn more about your rights, legal options, and our firm’s approach to representation. We look forward to speaking with you.