Phoenix (Arizona) Truck Accident Lawyers

According to data from the National Highway Traffic Safety Administration, Phoenix has the highest rate of fatal crashes among the biggest cities in the country. The number of deadly crashes even exceeds Dallas and Los Angeles.

One reason this number is so high is deadly trucking accidents. Even when a trucking crash isn’t fatal, it often causes significant, long-term injuries to the drivers involved.

If you experience a trucking accident in Maricopa County or you’ve lost a loved one in a trucking crash, then it’s advised that you consult with a Phoenix truck accident lawyer about what happened. Depending on the circumstances, you might have the basis to file a personal injury claim or insurance claim for compensation.

Here at Kermani LLP, our team of Phoenix truck accident attorneys can help you navigate the legal situation you’re facing and get any compensation you’re entitled to under Arizona law. Learn more about trucking accidents in Phoenix, the process of filing a claim, and the types of compensation you can file for if you seek out a lawsuit below.

Common Causes of Truck Accidents in Arizona

A truck accident can occur for various reasons, but ultimately, almost all of them are caused by human error. The most common cause of truck accidents in Arizona is negligence. This negligence could be on the part of the truck driver, motor vehicle driver, trucking company, truck manufacturer, or the governmental agency in charge of maintaining the roads.

If you get into an accident, then it’s critical to identify what caused it as soon as possible. The cause of your trucking accident will determine your legal options for financial recovery. If you’re not sure how to determine the cause of your crash, then reach out to an Arizona truck accident attorney for assistance. Below, we’ll go over some of the top causes of trucking collisions in Phoenix and beyond.

Truck Driver Fatigue

It’s a commercial trucker’s job to travel huge distances every day, and as you can imagine, this type of lifestyle can become tiring very quickly. What’s more, the pressure of making a delivery on time can increase a trucker’s tendency to want to drive past their limitations.

Truck driver fatigue causes a large number of trucking accidents in Phoenix and beyond every year. This is a well-known fact, and it is the primary reason why OSHA has created specific trucking regulations to limit the length of time a trucker can drive on the clock.

If you suspect truck driver fatigue contributed to your crash, then contact an 18 wheeler accident lawyer in Arizona, Phoenix. An attorney will investigate how long the trucker had been on the road prior to your accident, and they’ll look for any OSHA violations that could’ve led to the accident.

Poor Vehicle Maintenance

Another common cause of trucking accidents is poor vehicle maintenance. In general, the trucking company is responsible for ensuring its trucks are properly maintained and in good condition. When a company fails to uphold its legal duty to ensure its trucks are safe for the road, it can be held responsible for an accident that results from poor vehicle maintenance.

Many delivery driver claims are complicated when major companies hire independent contractors to perform the delivery. Commercial vehicle claims are more complex because the independent contractor may be responsible for maintaining the truck that caused the crash. Under these circumstances, the trucking company is likely to shift liability onto the independent contractor they hired.

Here at Kermani LLP, our team has experience handling trucking accidents caused by poor vehicle maintenance. Based on what happened, we can help you identify your options.

Driver Recklessness or Negligence

Driver recklessness or negligence is a top cause of all forms of motor vehicle accidents. Recklessness can occur when a driver commits traffic law violations like speeding, or they drive aggressively by tailgating or cutting off other cars.

Truck driver negligence is the responsibility of the truck driver (or the trucking company who hired them), whereas motor vehicle driver negligence is the responsibility of the driver. If a motor vehicle driver is the negligent party, then they might be held responsible for the losses associated with the crash.

Many driving behaviors are considered negligent, such as driving while texting, running a traffic light, tailgating, speeding, fatigued driving, driving while intoxicated, or driving distracted.

Poor Road Conditions

Poor road conditions can also lead to a trucking accident, especially when the roadway has a lack of proper road signs, poor infrastructure, or other unsafe conditions. If you believe poor road conditions caused your crash, then it’s important to get in touch with an attorney as soon as possible. It’s usually very difficult to go up against a city or state government that may be responsible for maintaining the roadway. The right lawyer will make sure to collect the right evidence and documentation before getting started on battling the city or state agency tasked with keeping the road safe.

Inadequate Truck Driver Training

Truck drivers need a special license, a CDL, to operate commercial motor vehicles that exceed a certain weight. To obtain this license, truckers typically need 4 to 6 weeks of training.

Truck drivers need to be sufficiently trained before they’re tasked with major independent deliveries. If a trucking company knowingly hires a driver who doesn’t have enough training, then they could be held liable for any accident that results from inadequate truck driver training.

Equipment Failure

Equipment failure is also a major cause of trucking accidents. When a truck part fails, the trucking manufacturer might be held liable for the accident. A motor vehicle’s equipment might also malfunction, in which case the car’s manufacturer might be held responsible. It usually takes a lengthy investigation to determine when equipment failure is the cause of a truck accident.

Who is Responsible for a Truck Accident in AZ?

Under Arizona law, legal liability in a truck accident arises when one party’s negligence is the cause of the crash. To determine who is responsible for a truck accident, you must first identify what caused the accident. To do so, you’ll want to contact the police so they can collect accident scene evidence and conduct an investigation.

Once you can prove who or what caused the accident, you can identify which party should pay for the losses that resulted from the crash.

What Compensation Can You Get After a Truck Accident?

Typically, serious road accidents involving massive trucks result in severe injuries and losses. In some cases, a truck accident can result in a wrongful death.

When the truck accident was caused by someone else, the injured party or the fatally injured driver’s loved ones can file a claim for compensation. This compensation is designed to fully restore the injured party back in full to the position they were in before the accident.

In general, compensation for accident injuries involves economic and non-economic damages, but in rare cases, you can also pursue punitive damages, too.

Economic Compensatory Damages

Economic damages describe the losses you suffered that are easy to quantify and prove. For instance, you can easily identify how much your medical expenses were based on the medical bills you receive. You can also verify how much property damage you suffered by getting repair estimates for your vehicle. Other forms of economic compensatory damages include lost wages, rehabilitation costs, transportation costs, and funeral costs when you’ve lost a loved one.

Non-Economic Compensatory Damages

Non-economic compensatory damages are designed to restore you to the position you were in before the accident, but they’re also much harder to value and prove. For instance, you might suffer emotional distress as a result of the permanent scarring you incurred due to the crash. It’s difficult to value and prove this loss, but you should be compensated for it. An attorney can help you identify these losses and value them.

Punitive Damages

When the other party was extremely reckless or they’re likely to continue with the offending behavior despite your crash, you may be eligible to pursue punitive damages. Punitive damages are not designed to compensate you but to penalize the other party. You will only be able to pursue these types of damages in rare cases.

The Truck Accident Claim Process in Phoenix

If you’ve been in a crash, the first thing you should do is call the police. Then, you can get the medical help you need while the authorities focus on securing the accident scene, beginning an investigation, and documenting what happened.

Once you’re safe, you can work towards reporting the accident to your insurance company and hiring an attorney. The next steps usually involve an investigation into the accident, filing for an insurance claim settlement, and/or pursuing a lawsuit against the party responsible for your crash.

The right attorney will walk you through the process step by step to ensure you receive the compensation you’re entitled to.

Why Truck Accident Cases are More Complex

Truck accident claims are typically more complex than your average personal injury lawsuit. One reason why is because the losses are usually more serious, substantial, and longer lasting than those experienced during a typical crash. Another reason is that multiple parties might be involved in your case and potentially responsible for your damages. For instance, the trucking company might share some liability, while a third-party driver might also share some responsibility for the same accident.

Time Limits for Truck Accident Claims in Arizona

In Arizona, you have up to two years from the date of your trucking accident to file a legal claim for compensation. There are very rare exceptions to this, like if you were a minor when the accident occurred.

How Kermani LLP Can Help After a Truck Accident

A Phoenix injury attorney from our office will be your best legal advocate after your trucking accident. We’ll handle all the legal aspects of your case, starting with identifying whether negligence played a role in your crash and pinpointing exactly what party should be held responsible. From there, we’ll work toward securing all the evidence you’ll need to file a successful claim. We will negotiate on your behalf, aggressively fighting for what you’re entitled to under the law. If we get any pushback from the other party, then we’re prepared to take your case to court.

Speak with a Phoenix Truck Accident Lawyer Today

A truck accident can be devastating when it results in severe or long-term losses. When that accident was someone else’s fault, another party could be held financially responsible for your economic and non-economic losses.

In general, an Arizona truck accident lawyer will be your best source of advice and information regarding how to handle an accident. Truck accident attorneys will know more about local resources in your area that can help, and they’ll be able to guide you toward a path that’s most likely to meet your needs.

Here at Kermani LLP, our team is prepared to help you identify your best options when it comes to your recent collision. We’ll aggressively fight on your behalf and seek out the maximum level of compensation you’re entitled to under the law. A recent claim between one of our clients and UPS resulted in a $1.2 million settlement.

If you’re ready to get in touch, then schedule your free case evaluation with our office now.

Truck Accident Resources for Victims

The best legal advocacy for accident victims will come in the form of hiring a personal injury attorney dedicated specifically to your case. That said, you can also reach out to the Maricopa County Sheriff’s Office on their non-emergency line at (602) 876-1011 for any questions regarding filing an accident report or investigating a truck accident.