Large commercial trucks pose a unique threat on Arizona roads. Not only do these large vehicles cause more damage in the event of a collision, but the complex nature of the trucking industry means that multiple different parties can share responsibility for a single accident. While this can complicate the claims process, it also means there are more potential sources of compensation that an accident victim can turn to for coverage of their medical bills, property damage, lost wages, and pain and suffering.
If you have suffered injuries in a truck accident in Arizona, an experienced legal professional can identify these at-fault parties and seek the full compensation you deserve. Silkman Law Firm Injury & Accident Lawyer has the experience and skills necessary to protect your rights and secure the bright future you deserve. Contact us today for a free consultation with a trucking accident attorney in Phoenix, Arizona, and let us start working on your claims immediately.
Why Is Truck Accident Liability So Complicated?
Determining liability can be challenging in any type of traffic accident case. However, collisions involving commercial trucks tend to be particularly complex, especially when multiple vehicles and parties are involved. There are many reasons for this, including the following:
- Severity of injuries – Truck accidents can cause life-altering injuries. Victims of 18-wheeler crashes may face many months or years of intensive and expensive medical recovery, which can dramatically increase the value of the potential compensation package.
- Commercial vehicle regulations – Truckers and their employers must adhere to the strict regulations at both the state and federal levels, including those set by the Federal Motor Carrier Safety Administration (FMCSA). Determining liability requires a thorough understanding of these rules.
- Multiple involved parties – While the truck driver is often at fault for an accident, the principle of vicarious liability can also make their employer responsible for collision-related losses. Moreover, mechanics, cargo loaders, truck operators, and other parties can also be independently liable in certain circumstances.
Due to the complex nature of these cases, working with a skilled Arizona truck accident attorney is essential to identify all liable parties and make your case as robust as possible.
Parties Potentially Liable in a Truck Accident
The following individuals and entities may bear fault for your injuries after a truck accident.
The Truck Driver
In many cases, the truck driver is primarily at fault for an accident. They may be held liable if a collision results from:
- Inattentive driving – Distractions such as cell phones, GPS devices, eating, drinking, and rubbernecking can take a trucker’s attention from changing road conditions and emerging hazards.
- Driving under the influence – Alcohol, drugs, and even prescription medication can impair a driver’s decision-making ability and reaction time.
- Fatigued driving – Truckers work long shifts, and the FMCSA’s Hours of Service (HOS) regulations aim to reduce the likelihood of fatigue-related driving. Those who ignore these regulations can bear legal responsibility for resulting accidents.
- Aggressive driving – Commercial truck drivers who tailgate, fail to yield the right of way, and cut other motorists off can cause life-threatening collisions.
The Trucking Company
When an accident involves a commercial vehicle, the truck driver’s liability often extends to their employer. The trucking company may be held liable for a crash resulting from:
- Pressuring their drivers to ignore HOS requirements
- Failing to vet new hires thoroughly
- Neglecting the inspection or maintenance of their fleet
- De-prioritizing drug and alcohol testing or ignoring red flags concerning employee substance use
- Ignoring FMCSA cargo loading and securement regulations
- Forgoing mandatory employee training
Vehicle Mechanics
Mechanics and auto repair shops tasked with inspecting and maintaining a commercial truck may bear fault for an accident if it resulted from failing to diagnose or address a mechanical problem.
Truck or Component Manufacturers
Truck accidents sometimes occur as a result of a faulty vehicle component, such as:
- Braking systems
- Tires
- Windshield wipers
- Headlights
- Tie-downs
- Turn signals
- Horns
- Steering wheels
- Coupling devices (connecting the cab to the trailer)
If a manufacturing or design flaw results in a truck accident, the victim may be eligible to file a product liability claim against the manufacturer.
Cargo Loaders
While some trucking companies take responsibility for their own cargo loading, others hire a third-party entity to handle the task. The cargo loading company can be held liable for a crash resulting from:
- Exceeding the truck’s weight limit
- An unbalanced distribution of cargo within the trailer
- Shifting cargo that causes handling problems for the driver
- Poorly secured cargo that leads to debris on the road
Steps to Take After a Truck Accident Involving Multiple Parties
After a truck accident, your priority should be seeking medical attention, even if you believe your injuries are minor. Some severe conditions, such as brain injuries or organ damage, may not present symptoms immediately. As such, getting checked out by a medical professional is crucial. Seeing a doctor will also generate medical records that may serve as valuable evidence in your case. Be sure to follow your doctor’s treatment plan to the letter.
Additional steps to take after a truck accident include:
- Calling the police to the scene to generate an official accident report
- Taking photos of the vehicles, the surrounding area, your injuries, and any other relevant details
- Getting contact and insurance information from all involved parties
- Avoiding sharing social media posts about the accident or your injuries
- Contacting an experienced Arizona truck accident attorney as soon as possible
If the at-fault parties’ insurers contact you for a statement, inform them that you will let your legal representative speak to them on your behalf. Your lawyer will handle all communications for you and protect you from any attempts to unfairly undermine your case.
Gathering Evidence for a Truck Accident Involving Multiple Parties
Truck accidents tend to be more complex than those involving only passenger vehicles. Because multiple parties may share liability, multiple insurers may immediately send investigators to the scene to begin building their case against you.
To protect your right to compensation, your attorney will gather evidence such as:
- The police report
- Photos and videos from the accident scene
- Testimony from accident reconstruction experts
- The truck’s “black box” data
- The truck driver’s cell phone records
- The trucking company’s hiring and training records
- Truck inspection and maintenance reports
Challenges in Dealing with Multiple Parties
If you’ve been hurt in a truck accident in which multiple parties might share the blame, you can expect them and their insurers to attempt to shift blame onto each other to avoid paying you the compensation you deserve. The trucking company may blame the driver, while the driver points the finger at the cargo loading company or a parts manufacturer. The ensuing confusion can cause frustrating and potentially costly delays to your case for compensation.
Furthermore, insurance companies are focused on protecting their bottom line. They may try to get you to accept a lowball settlement before the full extent of your losses is apparent. They may also use your words against you to assert that you were partially or fully at fault for the crash.
An experienced truck accident attorney can help you avoid these pitfalls. Your lawyer will handle all communication with the insurance companies so that you do not say anything the insurers might be able to use against you. They’ll also thoroughly investigate your crash to identify all liable parties, pursuing multiple claims as necessary to get you the maximum amount possible. With a skilled legal practitioner in your corner, you can focus on your healing with the confidence that your case is in good hands.
Damages Available for Truck Accident Injuries
Arizona law recognizes that a truck accident can affect every aspect of your life. As such, you may be eligible for compensation for losses such as:
- Past, current, and future medical expenses related to the accident
- Lost wages for time taken off work during your physical recovery
- Diminished future earning potential if your injuries result in a disability
- Pain and suffering
- Scarring and disfigurement
- Emotional distress
- Loss of enjoyment of life
While no amount of money can undo the trauma you have experienced, a fair settlement or jury award can provide you with the resources and support you need to put your life back together. It can also grant you a much-needed sense of justice and hold the at-fault parties accountable for the harm they have caused you.
Statute of Limitations to File an Arizona Truck Accident Claim
Arizona’s statute of limitations for personal injury actions gives an injured individual two years to file suit against the at-fault party or parties. While exceptions exist, it is crucial to remember that your time to take legal action is limited. Enlisting the services of a skilled Arizona truck accident attorney can help you make the most of the time you have so you can protect your right to recover compensation.
Contact Our Phoenix Truck Accident Lawyer For Help
Attorney Alex Silkman and his dedicated team are passionate about helping truck accident victims get the full and fair compensation they’re entitled to. With us, you can rest assured that you will receive the support and tenacity your case deserves. Contact us today for a free consultation with a skilled truck accident lawyer in Phoenix.