Truck Accident Attorneys

There are several parties that can be liable for a truck accident. However, many of these parties often deny fault or avoid liability to evade paying you compensation for your injuries and losses.

Our truck accident lawyers in Phoenix have a strong understanding of commercial trucking operations and the parties involved in the industry and how each can contribute to an accident. Some parties that could be held liable include:

We will conduct an in-depth investigation into your claim to determine exactly what caused your accident and who should be held responsible. To do this, we will investigate:

• The party that had control and custody of the vehicle when the accident occurred
• Driving logs and records, such as weigh-ins or the driver’s hours log
• The level of control the trucking company had over the driver
• The driver’s record, including past violations or criminal convictions
• Potential manufacturing defects
• The vehicle’s maintenance record
• How secure the cargo or load was when the accident occurred

Each party involved in a commercial trucking operation has a role in ensuring the vehicle is safe and properly driven to prevent an accident from occurring. Our Phoenix truck accident lawyers will work to identify which party breached its duty and failed to ensure the safe operation of the truck.

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Compensation for truck accident claims is typically divided into economic and non-economic damages. Economic damages are intended to return a truck accident victim to the same financial state he or she was in before the accident. Economic damages in a truck accident claim can include:

Non-economic damages are meant to compensate the victim for the intangible, non-financial losses he or she suffered after a truck accident. This can include:

• Pain and suffering
• Mental anguish
• Loss of companionship

In rare cases, punitive damages may be awarded to truck accident victims if it can be proven the at-fault party acted with extreme recklessness or was intentionally malicious. However, these damages are not meant as compensation and are only awarded to punish the at-fault party and to deter others from committing similar actions.

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A collision between a passenger vehicle and a commercial truck is a devastating event that often results in significant damage and injuries. Because there are often several parties involved in a commercial trucking operation, victims and their loved ones may have several options for pursuing compensation, such as:

Negligence Claims

Many truck accident lawsuits are filed based on the negligence of one of the parties involved. Some common examples of negligence that can lead to a truck accident are:

• The truck’s driver lacked the qualifications or experience needed to operate a commercial vehicle
• The truck was improperly loaded with heavy cargo
• The truck was traveling on an unsafe or prohibited road
• The truck’s driver failed to see the other vehicle due to the truck’s blind spot
• The truck’s driver was drowsy or impaired by drugs or alcohol
• The truck’s owner failed to adequately maintain the vehicle or tractor-trailer
• The truck’s driver violated traffic laws

To successfully file a negligence lawsuit, our Phoenix truck accident lawyers will have to prove there were four elements present in your claim:

1. Duty of care: The other party was obligated to ensure your safety by acting in a rational manner.
2. Breach of duty: The other party breached its duty of care by failing to act as a reasonably prudent person would under similar circumstances.
3. Causation: The injuries you suffered were directly caused by the other party’s breach of duty.
4. Damages: You suffered monetary damages because of the other party’s breach of duty.

Our Phoenix truck accident attorneys will gather evidence to build a comprehensive case that effectively demonstrates the other party’s negligence was a direct cause of the truck accident and your injuries.

Product Liability Lawsuit

If our truck accident attorneys in Phoenix determine that your collision was caused by a defective part, you may have a product liability case against the part’s manufacturer. Product liability cases based on manufacturer negligence require that:

• The part was defective and “unreasonably dangerous”
• The part was being used as the manufacturer intended
• The condition of the part had not changed since its initial purchase

Product liability claims in Arizona are often filed based on strict liability, which does not require proof that the manufacturer or seller was negligent. The product simply has to be proven to be defective, as outlined above.

Wrongful Death Lawsuit

Often, truck accidents are so severe that many victims do not survive the crash. A wrongful death claim will require you to prove that had the at-fault party acted in a reasonably safe and careful manner, your loved one would still be alive.

If you lost your loved one in a truck accident, our Phoenix truck accident lawyers will explore the possibility of filing a wrongful death claim against the at-fault party.

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Truck accident cases can be difficult to prove for someone who has limited knowledge of Arizona’s personal injury laws and the commercial trucking industry.

Often, trucking companies will attempt to distance themselves from an accident to avoid liability and having to pay a victim compensation. They may claim that the driver is not an employee, but is instead an independent contractor, which clears them of liability for his or her actions.

Additionally, a trucking company may claim it does not own the vehicle involved in the accident and is not responsible for maintaining its condition. It may also claim the victim partially caused the accident.

However, our truck accident attorneys in Phoenix have a strong track record of handling truck accident claims. We will work to build your case by collecting evidence and supporting information that shows your injuries are a direct cause of the accident. We do this by:

• Gathering medical records that show the injuries you sustained in the accident
• Reviewing camera footage of the accident, if available
• Analyzing police and accident reports that document the crash
• Interviewing your treating physician to fully understand the extent of your injuries
• Consulting with accident reconstruction specialists to recreate the crash
• Obtaining data from the truck’s Electronic Control Module (ECM or “black box”)
• Collecting and preserving important evidence from the truck company and driver

Phillips Law Group’s Phoenix truck accident attorneys are committed to providing victims of negligence the highest quality legal service. All of our attorneys work on a contingency fee basis, which means we do not charge any upfront fees and only require payment if we recover compensation on your behalf. There is no risk in contacting our firm to learn more about how we can help you.

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Because commercial trucks can weigh up to 80,000 pounds, accidents involving these vehicles can be serious and life-threatening events. Their awkward shape and inability to maneuver easily in traffic make them a huge risk factor on Phoenix roads.

Some common causes of trucking accidents include:

Because many truck drivers have tight deadlines to meet for deliveries, they often travel hundreds of miles without any breaks or rest, which can significantly impact their ability to stay focused on the road. Fatigued driving has been shown to create the same effects as driving under the influence of drugs or alcohol. To address this issue, the Federal Motor Carrier Safety Administration (FMCSA) created an hours of service rule that limits the number of hours commercial drivers are allowed to drive in a 24-hour period.

Vehicle maintenance is also an important aspect of a truck’s safety on the road. The FMCSA requires mandatory maintenance schedules for owners and drivers of commercial trucks. If drivers skip routine inspections or slack on general preventative safety measures, they run the risk of harming themselves and other drivers on Phoenix roads.

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Typically, any time a truck is involved in a crash with another vehicle, the smaller of the two will sustain the most damage and physical injury to vehicle occupants. In most cases, commercial trucks are going to cause severe harm to passenger vehicles. The injuries that occupants sustain can range from minor to life-altering. Examples of typical truck collision injuries include:

In many situations, truck crashes are the result of driver negligence. If you believe your truck accident was caused by the reckless actions of another driver, contact our Phoenix truck accident attorneys today for a review of your case and legal guidance on how best to pursue a personal injury claim against the negligent party.

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If you or a loved one has been involved in a crash because of a negligent truck driver, the victim may be entitled to compensation. An experienced Phoenix truck accident attorney can help you determine if you are entitled to make a claim against the negligent party who caused the collision.

At Phillips Law Group, we are determined to help injury victims fight for their right to justice and fair compensation. For years, we have provided valuable legal counsel to victims of negligence in the Phoenix area. Our reputable personal injury law firm is conveniently located in downtown Phoenix just three miles from the Maricopa County Courthouse.

To find out how we may be able to help you with your claim, do not hesitate to contact us to schedule a free, no-obligation consultation. A member of our qualified personal injury team will review your claim to determine if you have a valid case against the at-fault party in your truck accident.

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Typically the statute of limitations an individual has to file a lawsuit varies from state to state. In Arizona, a truck accident lawsuit must be filed within two years of when the injury has been discovered. Under no circumstances can the lawsuit be filed after three years from the date of discovery.

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Yes, part of the recovery may include a payment for lost wages from missed work. Furthermore, individuals may be able to collect compensation for loss of earning capacity so long as the injuries leave an individual unable to perform specific job functions as they could prior to the injury.

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In the case that a truck jackknifes, it does not always mean that the trucker was performing a negligent action; therefore the truck driver may not be held at fault for the accident.

If weather conditions prevent a driver from stopping in time before jackknifing, or if the commercial vehicle became jackknifed to avoid another accident, the driver will typically not be held at fault.

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In Arizona, the degree of another persons liability for the accident will be determined by comparing the other drivers negligence with your own, also known as comparative negligence. If an individual was 50 percent or more at fault in the truck accident, they may be unable to recover any compensation for their losses or damages.

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Federal regulations state that truck drivers are only permitted to drive a specific number of hours each day before they are required to sleep. It is common for unrealistic expectations to be placed on these drivers, which may lead to inaccurate driving logs. Therefore, it is critical to obtain a driving log following an accident.

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It is common for severe injuries to take several hours or days to appear; therefore it is advised to seek immediate medical attention following a truck accident, even if there are no immediate signs or symptoms of injuries.

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A No-Zone is essentially a truck’s blind spot. These are large areas behind and next to a truck where a driver cannot see. A large number of accidents occur when automobiles ride in these zones.

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The difference in these types of crashes has to do with the great size of trucks and the many entities involved.

Typically, there are many entities involved in truck accidents as these can include the truck driver who is operating a truck, which is owned by a trucking company, which may also be transporting goods for another company. Therefore, these types of cases are typically more complex than a car crash.

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As previously mentioned, there may be several entities involved in a truck accident, therefore there may be several entities held responsible.

If you or a loved one has been injured in a truck accident, the victim may be eligible to sue the truck driver, trucking company, and the owner of the trailer company.

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