Truck Accident Claims Process in Arizona
Dealing with the aftermath of a truck accident can be overwhelming, especially if you or a loved one suffered injuries. As you recover, the insurance company might call to ask questions or make a settlement offer — all while you still lie in a hospital bed. Never settle without talking to a truck accident attorney. The Arizona truck accident claims process is complicated, but an experienced lawyer can manage it while you rest and recuperate.
At Swenson & Shelley, we understand the challenges that semi-truck accident victims face as they square off with trucking companies and insurers. These big businesses are bent on protecting their profits, not the well-being of injured people. You need a battle-tested lawyer to develop a strategic plan and demand the compensation you deserve. You need our law firm to stand up for you.
Everything starts with a free consultation. Call or contact us today to speak with our Arizona truck accident lawyers.
What is a Truck Accident Claim?
If you sustained injuries in a collision caused by a truck driver, you could pursue compensation by filing an accident claim with the driver’s (or their employer’s) insurance company. This process starts by submitting a demand letter to the liable party outlining your losses and requesting full and fair compensation.
But obtaining compensation from a trucking company or its insurer is far easier than getting it. You must deal with the insurance company’s adjuster and potentially the company’s legal team. Remember, they have a job to do, which is to protect their bottom lines. They win by denying your claim for compensation or making a low payout. However, a skilled truck accident lawyer can build a solid claim, backed by compelling evidence, that argues for the compensation you are owed. If you settle too soon or without legal help, you could end up with less money than you are entitled to.
Gathering Information for Your Truck Accident Claim
Collecting information to support your truck accident case is essential. It can also be challenging. The volume of evidence you need to prove a truck accident claim is immense. In addition, vital information — such as a truck driver’s private cell phone records — may be impossible to get without a subpoena or police warrant. Furthermore, much of the evidence needed to help strengthen your claim is maintained by the trucking company. This data can be hard to access without the help and experience of a skilled truck accident attorney.
Examples of evidence to help establish liability include:
- Police reports
- Photographs, videos, or dashcam footage from the accident scene
- Truck driver logs
- Black box data
- Safety inspection reports
- Cargo loading manifests
- Eyewitness testimony
- The truck driver’s employment records
- Internal trucking company documents
- The trucking company’s hiring practices
- Your medical records
- The truck driver’s medical records
- Cell phone data
Often, gathering this data before it is lost or destroyed takes immediate action by a driven personal injury attorney.
How Does the Claims Process Work?
Filing a truck accident claim takes time and is labor-intensive. Having an attorney on your side can make it more manageable. After your lawyer files your claim, an insurer investigates the cause of the accident. An adjuster may ask for your statement about the crash. Forgetting to provide information, misstating a detail, or embellishing your account can jeopardize your claim. Your attorney can guide you to prevent missteps and protect your truck accident case.
Once the insurer evaluates your claim, it may offer you a settlement. It is seldom in your best interest to accept a speedy offer. A quick one is usually too low. The insurer may hope you are desperate enough to settle for a fraction of what your claim is worth. An attorney can be instrumental in negotiating for the money you deserve. If the insurer fails to make a fair offer, your lawyer can discuss the risks and benefits of taking your case to trial.
Does the Insurance Company Determine Fault?
Before making a settlement offer, an insurance adjuster evaluates the circumstances of a truck accident to determine each party’s proportion of fault. They will try to argue that at least some of the fault should fall on your shoulders so that they can offer less money. However, the insurance company does not get to make the final determination of whether you are at fault. If they deny your claim, your attorney can recommend taking your case to trial. A judge or jury apportions fault in that case.
Who is Liable for a Semi-Truck Accident in Arizona?
In most truck accident cases, the liable party is the at-fault truck driver or trucking company. However, the complexity of the trucking industry and the number of distinct entities involved mean that other parties could also be liable, including:
- The owner of the truck
- A cargo loading company
- The cargo’s owner of the cargo
- Mechanics and repair shops
- The truck manufacturer
- A parts manufacturer
- A state or local government
- Other drivers
Sometimes multiple parties share the blame for a truck accident. Often, that means dealing with more than one insurance company, and insurers may bounce arguments for liability back and forth until it sticks on whoever it can — including you. For this reason, you should hire an experienced lawyer to defend you against unfair claims of fault and demand liability to fall on the correct parties.
Get Help from Our Experienced Arizona Truck Accident Attorneys
Arizona law allows accident victims to seek compensation from negligent truck drivers and trucking companies after a wreck. Going after the at-fault parties is not a task you should undertake alone. Get help from an experienced Arizona truck accident attorney at Swenson & Shelley. Our legal team wants to help you demand the compensation you need to move forward with your life.
Are you looking for justice? You’ve come to the right place. Call or contact us today for a free case evaluation with a lawyer who cares.