No one wants to be in any sort of traffic accident. Whether you drive for business or pleasure, what starts as a way to get from point A to point B can quickly turn to tragedy. Today, we explore two crash situations and look at how, even when faced with adversity, the use of a knowledgeable personal injury attorney helps these accident victims get the outcome they deserve.
Too often, when it comes to accidents involving a motorcycle, it’s assumed that the rider was at fault. “He was probably riding too fast” is a perception many have. Although with little to protect them, if a motorcyclist’s life is lost, who is responsible is of little consolation. Let’s look at a recent motorcycle accident in Arizona and discuss what the next legal steps should be.
In early March of this year, the tire on a cement truck traveling west on US 60, near Gilbert Road in Mesa, blew out, causing the driver to lose control. Once the driver lost control, the truck collided with a motorcycle and then the concrete barrier wall on the highway.
Thankfully, the rider was not killed, but he was badly injured and pinned beneath the truck. After authorities came and were successfully able to free him, he was sent to the hospital in serious condition.
What Could Happen Next
Given the details of the initial story, it appears that the motorcyclist will survive this accident, but who knows what his long-term injuries may be? When determining who is at fault for the accident, one would assume the fault is entirely on the cement truck rather than the motorcycle rider. But who else may be at fault? A few parties that could be held at fault include:
- The cement company
- The manufacturer of the truck
- The manufacturer of the truck tire that blew out
- The driver of the truck
As personal injury attorneys, we at Silkman Law Firm look at the police reports and witness statements to determine the events of the incident. We then may complete research on the truck and tire to see if there were any defects that need to be pursued. If we find that the company may have been negligent as well as the actual truck driver, we may file a lawsuit against both.
With multiple defendants involved in the lawsuit, they may be equally responsible for the plaintiff’s damages, or they may be held accountable for varying percentages of fault. In this case, we would expect a strong settlement or judgment in favor of the motorcycle rider.
If you live in Arizona, you probably heard about the huge semi-truck accident along I-10 this summer. In July of 2015, a series of misfortunes befell a number of drivers in Quartzsite.
First, a semi-truck was going the wrong way on the highway, leading to a fatal accident. Separately, another semi driver failed to slow for the congested traffic caused by the first accident, leading to a second collision when he rear-ended a different semi. Two other semi-trucks were also rear-ended in the accident, which led to the first truck—the one that failed to slow in the congested traffic—catching on fire. The driver in that fiery truck died.
Initial reports indicated that fatigue might have been an issue in this case, which led to the allegedly impaired driver’s death.
What Could Happen Next
With multiple participants in an accident like this, you’re likely going to have a number of litigants, both plaintiffs and defendants. One thing to consider with semi-trucks is the increased level of responsibility they have. Commercial drivers need a different type of license and must follow various state requirements with a CDL (commercial drivers license). Also, commercial vehicles are required to carry a higher level of insurance, which could be a benefit for the person who is looking to insurance to pay out.
The team at Silkman Law Firm looks at all of the components of a complicated case such as this one and use our extensive experience and case knowledge to deliver the best outcome. Depending on the amount of damage and injury incurred, we would expect a substantial settlement.
If It Happens to You
If you are involved in an accident while on a motorcycle or with a semi-truck, don’t rely on the insurance companies to make the best decisions. You need an experienced personal injury firm in your corner to ensure you get everything that is coming to you.