Phoenix Truck Accident Attorney
Why do I need a Phoenix truck accident Attorney?
Not all lawyers who handle automobile accident claims are qualified to work on truck accident claims.
When it comes to trucking accident claims, several factors come into play. These issues need more knowledge, experience, and resources to compete against the trucking firm’s insurance provider.
Navigating the aftermath of a large truck accident is very different than typical traffic collisions. Commercial trucking claims are more complicated to resolve due to the possible layers of insurance companies involved.
Each may have their separate insurance coverage
- The trucking company
- the truck driver
- the cargo shipper
- the trailer owner
If more than one party is liable, it may broaden the insurance coverage available to pay for your injuries.
Types of Compensation Available for a Phoenix Truck Accident
Various types of compensation may be available to an accident victim in the aftermath of a Phoenix 18-wheeler or big rig accident.
- Coverage of all medical bills related to the truck accident (past, present, future)
- Recovery of any lost wages a victim incurs they cannot work.
- Coverage of any out-of-pocket expenses caused by the truck crash
- Pain and suffering, as well as mental anguish, damages
- Loss of personal enjoyment damages
- Possible punitive damages in cases of gross negligence
- If you lost a loved one in a truck accident, you might be eligible to file a wrongful death lawsuit.
When should I file a claim against a trucking company?
Insurance companies are well aware of your situation following a vehicle accident. After an accident, victims must generally cope with severe injuries, mounting medical expenses, and a lack of clarity about their futures.
Insurance carriers know this, and there is a good chance they will use your precarious situation against you.
Delaying tactics are common in insurance claims.
The waits are meant to irritate claimants and push them to consider giving up. This makes you more likely to accept a lowball offer and advances the case closer to the statute of limitations.
How do I deal with insurance claims adjusters?
Every major truck accident is investigated by a team of lawyers and investigators from the shipping company, who will do everything they can to show that their carelessness did not cause the wreck.
A multi-million-dollar lawsuit is one in which harm or death has occurred. Even though we would want to believe that the insurance firm will be, this is not their responsibility.
Their task is to do everything they can to avoid paying out anything. The insurance adjuster or lawyers will try to shift the blame for it on you or someone else.
Low Ball Settlement Offers
It’s common practice for insurance companies to provide low settlements after an accident. Although the insurance company knows your case’s actual value, the adjuster will likely offer you a significantly lower compensation.
Insurance companies are profit-oriented corporations, so they’re not interested in paying you a fair price.
They aim to pay you as little money as feasible.
Without legal representation, it is difficult to recognize that an offer from the insurance company is much lower than what you deserve.
An experienced Phoenix truck accident attorney can help protect your rights and pursue the total compensation you deserve.
Refusal to Negotiate
If you turn down an insurance company’s lowball offer, you can expect them to resist negotiation at first. Claims adjusters are trained negotiators.
Insurance companies prefer to avoid going to court. It’s costly and time-consuming, so most insurance firms would choose not to go to court.
So if you’re ready to file a lawsuit, it shows the insurer that you’re serious about getting what you want and deserve.
In some cases, insurance companies won’t provide a settlement offer.
Generally, this is because they decide to dispute liability for the accident. There could be a couple of reasons for this.
For example, the insurer may claim you were at fault for the accident or, at the very least, that there isn’t sufficient evidence to prove the insured was at fault.
Federal trucking laws
Hundreds of laws and regulations have been passed to keep our roads safe. Unfortunately, trucking companies often disregard these laws and the public’s safety.
Sometimes, even if the company is following the regulations “on paper,” they have created incentives for their drivers to skirt the rules.
If a company or driver violates a federal regulation, this can be used as evidence of negligence in the event of a trucking accident.
There are important laws to know about after being involved in a commercial trucking accident.
- Driver Requirements: All commercial truck drivers must obtain a valid Class C driver’s license. They must also consent to pre-hiring drug tests, extending to random testing. Drivers must also concede to drug testing after accidents and if the company has a reasonable cause against the driver. There is a requirement that operators fulfill physical and mental qualifications to drive commercial vehicles, and all drivers are required to pass background checks.
- Regulations for Hours of Service: These restrictions mandate the time a commercial truck driver can operate a vehicle before requiring them to take a break.
- Heavy loads and cargo securement: Commercial truck companies must adhere to all securement laws to ensure that cargo is safely attached to the truck while in transit. Securement regulations mandate a company to tie, harness, or restrain the cargo in open and closed truck beds. This minimizes the chances of freight getting loose and falling off the vehicle. Securement regulations change according to the type of shipment.
Causes of Commercial Truck Accidents in Arizona
Large commercial trucks, like other vehicles, may suffer accidents in various ways. These events typically occur due to the negligent driving of automobile drivers on the roadway. This includes people who are sitting in ordinary passenger cars.
Some of the most common causes of truck accidents include:
- The truck driver was distracted.
- texting or talking on the phone
- The truck driver was in a rush.
- The truck driver was under the influence of drugs or alcohol.
- The truck driver was exhausted, tired, or drowsy.
- The truck driver was bored.
- The truck driver was in poor health.
- The truck driver was on the road too long.
However, other causes of truck crashes revolve around truck drivers and trucking companies.
Negligent Trucking Company
- Inadequate driver training
- Compensation systems that encourage drivers to travel faster and work long hours
- Unrealistic expectations companies place on truckers despite safety risks
- Improper truck safety inspections and maintenance
- Unsafe weights carried in cargo holds
The trucking companies can also hold direct liability for these accidents. This can occur in a wide variety of ways, including the following:
- Failing to conduct driver background checks on new hires adequately
- Not checking for proper driver certifications, including commercial driver’s licenses
- Encouraging drivers to operate beyond the allowable hours of service
- Enabling the overloading of trucks to maximize profit
- Failing to inspect and maintain the vehicles, per FMCSA regulations, properly
Hours Of Service Violations (HOS)
Under federal Hours of Service laws, a truck driver can’t drive more than 11 hours in a 14-hour workday and more than 77 hours per week. The law establishes that drivers of large trucks must rest or sleep for ten consecutive hours before returning behind the wheel.
Proving Negligence in a Commercial Truck Accident
You will need to gather the evidence to prove a truck driver or the trucking company was negligent and caused the accident.
Our Truck accident lawyers have experience gathering this evidence to build a claim against the Trucking company and the insurance carrier.
- Copies of Accident and Police Reports
- Commercial driver’s log
- Weight and payload of the truck
- Repair and maintenance records of the truck
- The driver’s operating record
- Interviews of witnesses and accident investigations
- Property damage and diminished value claims
The widespread danger of commercial vehicle accidents
Arizona’s trucking firms are an essential element of the state’s traffic. You may anticipate that approximately 82% of the time, the individual who died in a big truck accident was not riding inside the vehicle.
According to data collected by the Insurance Institute for Highway Safety (IIHS), in 2019, 67% of those killed in an accident involving a large truck in the USA were in passenger vehicles, and 15% were pedestrians, motorcyclists, or bicyclists.
Arizona truck accidents are not uncommon.
- 2019: over 12,000 “trucks and buses” were involved in accidents in the state.
- 2020: over 11,000 trucks and buses were involved in crashes
Maintenance inspections are crucial safety measures that all Arizona trucking companies should keep a record of.
According to the FMCSA, all trucking companies, including Arizona and Phoenix-based trucking companies, should inspect the following components every year:
- Brake System
- Coupling devices
- Exhaust system
- Fuel system
- Safety Lights
- Loading systems
- Steering systems
- Wheels and rims
- Windshield components
The inspection is thorough, and Arizona trucking firms should maintain a log of each examination for every vehicle yearly.
The inspectors must also fulfill specific requirements.
Serious and Life-Changing Injuries From Truck Accidents
It is not uncommon for those inside regular vehicles to sustain severe injuries, including the following:
- Traumatic brain injuries
- Spinal cord injuries with paralysis
- Broken or fractured bones
- Severe lacerations or puncture wounds
- Internal organ damage
- Internal bleeding
- Crush injuries or amputations
- Burns, 2nd and 3rd Degree
- Significant scarring or disfigurement
Hire A Phoenix Truck Accident Attorney
Almost all commercial vehicle accidents involving severe injuries are not settled until a lawsuit is filed and substantial discovery has been performed.
Your lawyer must have a great deal of experience handling trucking accidents.
Contact us today for a free claim evaluation
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