Semi Truck Accidents
Big rigs are a common sight on the roads and highways of Arizona, transporting everything from freight and animals to vegetables, groceries, and retail goods. Sharing the road with such enormous vehicles might be difficult. Occasionally, these trucks might cause a significant collision, resulting in severe or fatal harm to other vehicles. When this occurs, working with a semi-truck accident lawyer in Arizona may be in your best interest.
Sadly, due to their size, they can be fatal or cause significant damage to other motorists. Enormous big rigs such as commercial trucks and 18-wheelers usually weigh up to twenty times more than an average vehicle. In addition, trucks are substantially larger than passenger vehicles and can transport up to 80,000 pounds of cargo. A semi-truck collision will destroy even the most durable cars and light trucks. Commercial truck accident victims typically sustain severe injuries, including traumatic brain injuries, loss of an arm or leg, spinal cord injuries, and loss of life, among other possible outcomes.
Because of the loose standards at the state and federal levels for trucking businesses and industries, the likelihood of being injured in a trucking accident is increased. The failure to put stringent safety requirements on trucking firms and manufacturers, and to implement those rules, has produced an environment in which profitability invariably prevails above safety. It shouldn’t be surprising that some trucking businesses ignore safety laws, bypass planned maintenance, and understaff truckers to maximize earnings and gratify shareholders.
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Why it’s Important to Hire a Lawyer for a Semi Truck Accident
Automobile accidents can range from minor fender benders to potentially devastating collisions. Most accidents involving tractor trailers result in significant injuries or even death. Even smaller delivery trucks can cause catastrophic personal injury or damage to smaller passenger automobiles on the road. Pickup trucks and other individual trucks are twice as likely as passenger vehicles to be engaged in a deadly rollover crash. Also, some SUVs have been recalled for vehicle design or manufacturing faults that pose a significant risk to their occupants, including defective tires, non-functioning door locks, and poorly attached and configured seat belts.
The attorneys of Wade & Nysather represent clients injured by pickup trucks, 18-wheeler trucks, semi-trucks, and commercial trucks. In addition to the frequent serious injuries, many other nuances are associated with these accidents. Be aware Accident Response Teams will be dispatched quickly after the arrival of police and emergency medical technicians to the accident. The Accident response team’s primary goal is to build a defense for the trucking firm and prevent the accident injury victim from receiving a fair and equitable financial settlement. If you or a loved one were involved in a trucking accident and were injured, it is wise to seek emergency medical attention and contact Wade & Nysather post haste following the crash. The sooner, the better so that we can initiate our investigation and develop your case against the liable parties.
We Conduct Our Own Investigation
At the Wade and Nysather Law Team, we manage your entire case from beginning to end. If you are injured in an 18-wheeler accident, hire a truck accident lawyer to obtain vital proof of the facts surrounding your accident. Evidence sometimes can get destroyed or deleted if one waits too long before investigating the facts. Our truck accident attorneys employ trucking accident reconstructionists, experts, and specialists such as biomechanical engineers and commercial vehicle model experts, to assess the facts, and gather and document all of the roadside evidence at the exact scene of the accident. Time is always of the essence when dealing with commercial truck accidents.
To build your case, we conduct our own investigation into the truck collision. In addition to assessing the crash’s circumstances and determining if driver error or equipment failure played a role, we also evaluate the following:
- Has the truck driver had the appropriate training and a license?
- Did the truck driver follow all of the safety procedures, including making sure not to exceed the limit on the number of hours they can spend behind the wheel?
- Was the truck driver forced to drive at a breakneck pace to meet the stringent delivery requirements imposed by the company?
- Was the truck given the appropriate maintenance, and were safety inspections performed regularly?
- Was alcohol involved in the truck driver’s condition at any point?
- Is it possible that the vehicle driver was high on their prescribed medication?
- Were the tires on the truck dangerous or faulty in some way?
- Did the truck have reflectors that weren’t working correctly?
- Was the load on the vehicle incorrectly secured, or was it not installed properly?
- Has the truck driver engaged in any aggressive behavior, such as switching lanes in a hazardous manner?
The answers to these questions will influence your truck accident injury claim. If we find proof of misconduct on the trucking business, truck driver, or another person’s side, we can use it to file a claim for damages on your behalf against the defendant. During injury cases, our attorneys go the extra mile to research trucking disasters, collect evidence, and demonstrate each client’s damages.
Developing a Solid Case for Your Legal Strategy
Professionals from the trucking sector are brought in to investigate every potential reason for the collision. Our professionals will travel to the scene of the collision to compile, acquire, and verify vital evidence; they will also examine the commercial truck and evaluate its condition, including the condition of its braking systems and repair history, as well as scheduled maintenance records. In addition, we will review the driver’s logbook to determine whether or not the trucking company complied with the requirements. Our professionals will also evaluate the driver’s driving ability to determine how and why the collision occurred. We will collect as much information as possible on the individuals who witnessed the incident and the statements they gave at the time of the accident.
In a nutshell, the team of Arizona personal injury attorneys at the law firm Wade & Nysather Law will vigorously argue on your side to safeguard your legal rights against the major trucking company and the influential insurance company it is affiliated with. To compensate you for your life-altering injuries, our mission is to pursue maximum compensation from all parties responsible for the accident.
If you or a loved one are in a serious big rig accident with a vehicle, you could end yourself in the hospital. Suppose you have suffered a severe brain injury, spinal injury, or spinal injury such as a vertebral fracture or a lower leg fracture. In that case, it can require multiple surgeries, followed by long-term medical care and acute rehabilitation. You should seek immediate medical attention if you have suffered such an injury. Even after you have been discharged from your hospital and your acute rehabilitation, There is a high likelihood that you will need additional chiropractic and medical management, with multiple visits with your chiropractor, medical physician, Physical Therapist, and quite possibly your surgeon. If you suffered a brain injury, you might require cognitive therapy, occupational therapy, speech therapy with a speech-language pathologist, and a vast array of other types of medical treatment. This is because you will still be recovering from your injury or illness. In addition, a person injured in a commercial truck accident runs the risk of becoming permanently incapacitated and may never be able to return to their previous line of work.
You may be able to seek a significant amount of damages to pay for income loss or the inability to earn, medical bills, and even property damage as a result of these life-changing injuries or death. If you were hurt in a truck collision, you should contact a lawyer as soon as possible.
When is the Trucking Company Responsible for Payment?
Compared to a traditional vehicle accident, establishing culpability in a truck collision may be substantially more complicated. In addition to the other driver, your case may involve a trucking company, independent contractors, cargo companies, and maintenance teams. If a trucking company or one of its drivers was responsible for your accident in Arizona, the company could be liable for your damages. Even though most truck drivers are technically classed as independent contractors instead of employees, federal law holds trucking companies vicariously liable for their activities. In numerous types of incidents, a trucking company may be held accountable.
- Non-Compliant with Federal Motor Carrier Safety Administration rules
- Non-Compliant with general traffic laws
- Poor fleet and vehicle maintenance
- Unsafe cargo loading
- Unsecured or improperly securing hazardous freight
- Dangerous hiring or training procedures
- Employing unlicensed drivers
- Employing incompetent drivers
- Pressuring drivers to meet deadlines
- Non-Compliant with Arizona hours of service commercial trucking regulations
- Truck driver negligence
- Truck driver recklessness
There are a lot of responsibilities that all Arizona trucking firms and their employees have to the general population. Any violation of federal law or established public safety process can potentially cause a truck accident in Arizona. Suppose the trucking business is either directly or vicariously accountable for your accident. In that case, you should seek the assistance of a lawyer from the Wade & Nysather Law team to represent your interests in a dispute with the insurance provider representing the trucking company. Trucking companies have access to various resources to defend themselves against accident claims. Employing an attorney to handle the negotiation of your case is the best way to safeguard your right to financial compensation.
Following A Commercial Truck Accident Take These Crucial Steps
The consequences of an accident involving a commercial vehicle in Arizona can be overwhelming and perplexing at the same time. Following the collision is critical to bulletproof your claim, taking the proper steps to safeguard your legal rights, and increasing the likelihood that you will be awarded the highest compensation allowed by Arizona law.
Dial 9-1-1. Never leave the commercial trucking accident scene, and immediately contact the authorities. After an accident in Arizona that results in injuries, fatalities, or property damage over $1,000, you must report the incident to the police.
Make sure there are no injuries. You should call an ambulance if you, anyone traveling with you, or the trucker is injured. It is imperative to get medical attention as soon as possible.
Take some pictures with your cell phone. Use your mobile device to take images and videos of the accident scene while you are still there. If you can, do this while you are there. Collect relevant evidence, such as the driver’s identity and the contact information for the driver’s insurance company.
Make a call to your insurance provider. Immediately contact the insurance company representing the party at fault in the truck accident and report the incident. Despite this, you should not proceed with the claim talks before consulting an attorney.
Take prompt action. It’s possible that crucial evidence, such as black box data inside the truck, could be intentionally or unintentionally lost.
These crucial quick-action steps will help your attorney get started gathering evidence. What you do in the days and weeks following a collision can affect the outcome of your insurance claim or truck accident trial. If you or a loved are uncertain of steps to take toward obtaining a financial settlement, call Wade & Nysather Law team 24/7/365 to discuss your specific case. Our attorneys will sit down with you and formulate your No-Cost No-Obligation Legal Strategy Session leading to the highest financial settlement allowed by Arizona law.
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How Can I Be Compensated After a Truck Accident?
You may be able to secure compensation in the aftermath of an accident involving a commercial truck in various ways. In many cases, where you turn for settlement will depend on your particular case’s various facts and circumstances. For example, if you were at fault for the crash, you will have to rely on your health insurance to get compensation for your injuries.
However, if the negligent actions of the truck driver or trucking company were responsible for the crash, you have other options. Most truck accident claims will be resolved through settlements with an insurance carrier. If the truck driver or company were responsible, you would file a lawsuit against the truck company’s insurance carrier. Remember that commercial trucking companies must carry higher insurance limits than those operating traditional vehicles on Arizona’s roadway.
Unfortunately, you can be sure that the truck company’s insurance carrier will do everything in their power to pay as little as possible for your claim. Their insurance carrier is not on your side, so they will use various tactics to delay your claim, offer a low settlement, or even deny the claim altogether. Suppose the insurance carrier denies the claim or makes an inadequate settlement offer. In that case, it may be necessary to file a personal injury lawsuit against the driver or trucking company in civil court.
What kind of monetary compensation are available?
When you or a loved one are injured in an accident caused by the negligent or reckless activities of a commercial truck driver or trucking firm, you probably will be eligible for compensation for any injuries and other losses you suffered as a commercial trucking accident victim. In such a case, you should immediately research your options. Typically, a truck accident victim in Arizona can recover compensation for both economic and non-economic damages if their insurance claim or personal injury case is successful.
Economic recompense. Special damages is the term used to refer to this form of compensation. This refers to the many payment forms determined to be calculable in the aftermath of a truck accident. These can include chiropractic and medical bills, personal expenditures, decreased wages, and costs associated with property damage incurred by an injury victim.
Non-economic compensation. This form of payment is also referred to as “general damages,” which relates to what a lot of people comprehend when they hear the phrase “pain and suffering” damages. These losses include the loss of pleasure in life, psychological and emotional trauma, loss of consortium damages, and several other types of injuries that are more challenging to measure.
Punitive damages. Damages of this kind may not be legally granted, but when they are, their purpose is to serve as a kind of retribution for the irresponsible party involved in the case. When awarded, punitive damages are supposed to compensate the victim and send a message to the rest of society that the behavior exhibited by the accused is unacceptable in today’s world.
In such circumstances, it may be challenging to calculate the whole amount of potential compensation for damages. In most situations, determining monetary compensation is straightforward. An injured person and their attorney must compile all receipts and medical bills to determine the amount of these damages.
However, calculating non-economic damages correctly can be more difficult. There is no way to precisely designate a dollar amount to pain and suffering harm unless a method is agreed upon by all parties involved. Personal Injury Law firms will frequently employ the “multiplier method.” They calculate the total monetary expenses by multiplying them by a number, typically between 1.5 and five (5). This is the total amount for non-economic compensation.
Let us assume that a truck accident victim in Arizona sustains damages of two hundred and fifty thousand dollars due to their injuries, medical expenses, and lost wages. The attorney can calculate $750,000 in non-economic damages by increasing the client’s economic losses by three. When everything is added together, we reach a total of one million dollars, which is the entire amount of compensation that the truck accident victim and their attorney will request. This does not include any potential punitive damages awarded in cases involving intentional misconduct or gross negligence.
Is there a limit to how much money I may get if I get into a truck accident in Arizona?
Personal injury settlements are subject to varied caps in many states. However, personal injury claims in Arizona cannot be capped because of the state’s constitution. This state shall not adopt any law restricting the total of damages recoverable for causing the loss of life or harm of any accident victim, as stated in Article 2, Section 31 of the Constitution.
What exactly does “Comparative Negligence” mean?
Victims of vehicle accidents who sustain injuries frequently worry they won’t be able to file a claim for compensation if they were even partially responsible for the accident. In this state, such a thing is not the case. Because Arizona is governed by a system known as “pure comparative negligence,” accident victims can be compensated for their losses even if they were up to 99% responsible for the collision in which they were involved. On the other hand, there are constraints to consider in these situations. The total compensation that an individual receives will be reduced based on the individual’s percentage of fault in the incident.
Top Triggers of Commercial Truck Accidents in Arizona
The Federal Motor Carrier Safety Administration (FMCSA) estimates that these Big Rigs can weigh up to 80,000 pounds when completely loaded with their cargo. A smaller passenger vehicle can suffer catastrophic damage in a collision with one of these trucks because of their size and weight. Several different factors can trigger accidents involving commercial trucks in Arizona. The size and weight of the commercial vehicles involved are not necessarily the sole causes of these collisions. Legal analysis reveals, more often than not, that the primary trigger of these collisions is a human mistake on the part of the truck drivers, negligence on the part of the trucking companies, or mechanical failure on the part of the trucks.
Truck driver error. Truck drivers sometimes make errors. They are also susceptible to grave errors of judgment. Common causes of truck driver error-related collisions include the operator:
- Driving While Influenced By Marijuana, Alcohol, Or Drugs
- Driving While Distracted
- Non-Compliance With FMCSA Hours Of Service Requirements
- Intentionally Overloading The Truck
- Non-Compliance With State Traffic Laws
- Non-Compliance With Federal Traffic Laws
- Speeding Without Considering Weather Conditions
- Fact: Trucking companies can also be negligent and cause accidents
- Truck Companies’ Minimum Requirements In Arizona:
- Non-Compliance With Regularly Scheduled Vehicle Maintenance Inspections
- Non-Compliance With Regularly Scheduled Repairs From Inspections
- Non-Compliance With Overload With Cargo Rules And Regulations
- Non-Compliance With Properly Trained Commercial Truck Drivers
Commercial Vehicle malfunction. Failure of a truck could be the fault of the trucking company, the commercial vehicle manufacturer, or its parts. If the trucking firm doesn’t inspect and maintain its fleet of vehicles, there is a greater chance that one of those cars will break down while on the road. It is the responsibility of the makers of trucks and parts to ensure that they provide high-quality automobiles and components that are reliable.
Most Frequent Injuries Caused by Commercial Trucking Accidents
Large truck accidents can result in life-threatening injuries. As previously said, the size and weight of an enormous tractor-trailer or other types of big Rig truck can cause conventional passenger automobiles to be torn to shreds, which is a very serious danger. Our legal team at Wade & Nysather has extensive experience aiding clients who have sustained any of the following as a consequence of a truck accident in Arizona:
- Damage To The Spinal Cord
- Paralysis Due To Spinal Cord Injury
- Severe Spinal Injury
- Severe Neck Injury
- Serious Soft Tissue Damage
- Devastating Soft Tissue Injuries
- Devastating Laceration Wounds
- Devastating Puncture Wounds
- Loss Of Limb(S)
- Devastating Crush Injuries
- Joint Dislocation
- Organ Crush Damaged By Blunt Force Trauma
- Bleeding Internally
- Significant Scarring
- Significant Disfigurement
In addition, the Arizona truck accident attorneys at Wade & Nysather assist clients who have suffered considerable emotional and psychological distress due to the accident and the injuries they have incurred. These “invisible” wounds can have a long-lasting consequence on a victim, sometimes continuing to manifest themselves even after the victim’s visible injuries have healed.
Last but not least, our group is here to support families that have suffered the loss of a member of their group due to a truck accident in Arizona. While we fight to hold the truck driver and the trucking corporation accountable for their conduct, the wrongful death attorneys at our firm are prepared to provide your family with the empathetic help they need.
How Frequent Are Accidents Involving Commercial Trucks In Arizona?
The operation of huge commercial trucks is carried out without incident on Arizona’s roadways. Despite this, it is inaccurate to say that such incidents occur infrequently. When we consult the data provided by the AZDOT, we see that the most recent reporting year had significant collisions in which huge vehicles played a role. According to the Arizona Department of Transportation, 1,912 accidents involving tractor-trailers were in the most recent year. There were sixty fatal accidents and just over four hundred commercial truck accidents that left people injured. The Department of Transportation reports adds to these collisions. There were also collisions involving other types of heavy trucks, including Semi-trailer trucks, Freightliner trucks, flatbed trucks, tanker trucks, and Moving trucks.
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After being involved in an accident in Arizona, you do not have to go up against a trucking company or its insurance provider by yourself. Suppose you were injured or suffered property damage as a result of a commercial truck accident. In that case, the lawyers at Wade & Nysather have the expertise to negotiate the most favorable settlement possible under the laws of Arizona.
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