How Can I Be Compensated After a Truck Accident?
There are various ways that you may be able to secure compensation in the aftermath of an accident involving a commercial truck. 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.
We offer a No-Cost No-Obligation Legal Strategy Session. These Legal Strategy Sessions are conducted by one of our licensed attorneys.
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.
Call Us Now For Your No-Cost No-Obligation Legal Strategy Session.