Understanding Liability and Laws After Phoenix Trucking Accidents

If you’re a truck driver, you need to research and prepare for a truck accident claim if you’re ever involved in a wreck. Trucking is a rewarding and potentially lucrative career, but one that doesn’t come without its occupational hazards. 

Truck accidents with injuries rose by 12% in recent years. These accidents put people’s health and safety at risk and require significant legal help if you’ve suffered damages.                                                                    

These tips will help you when you’re dealing with trucking accidents and need to understand liability, fault, and other issues while building your case. 

What to Prove in a Truck Accident Case

Before pressing forward with a truck accident case, you need to understand what you need to prove. This includes finding the driver or other party at fault and proving the types of damages at stake. 

These points will help you understand how to determine fault in these instances so that you focus and get results from your case.

Proving That the Other Driver Was Negligent

When a truck accident occurs, you have clear legal parameters that you need to establish. This helps you find fault and make sure that the law is on your side. 

Arizona and other states have legal codes on the books that back your case. Negligence is one of the main details to understand when filing a vehicle accident case in Phoenix.

Negligence occurs when the other driver doesn’t exercise their reasonable duty of care while on the road. This duty of care explains the responsibility drivers have to look out for themselves and others when traveling. 

Legally, you must also establish that the driver owed you a duty of care. For instance, if you’re sharing the roadway, they have a duty of care to exercise. But if you ran a light or recklessly traveled across two lanes, the driver that you collided with wouldn’t have breached their duty of care. 

Negligence is one of the most important aspects that you need to prove, so establish it as early in the process as possible. 

Proving That They Caused or Contributed to the Wreck

Next, you need to also prove that the other driver caused or contributed to the vehicle wreck. You will use photo and video evidence, accident recreation, witness accounts, accident recreation, accident reports, and other evidence to prove that the other driver caused it. 

This is a crucial element of the case and one that gives you your first step toward establishing liability. 

The Type of Damages Suffered

Make sure that you also understand the different types of damages that are at stake in the truck accident case. Two of the main types that people deal with include property damage and medical bills. 

Property damage occurs to your vehicle, items that you might be hauling, and other items. Medical bills can include your initial injuries, surgical procedures, ongoing physical therapy, and others. 

Many people in these wrecks also deal with pain and suffering. This pain and suffering occurs when someone has suffered mental anguish as a result of a truck accident. They might need therapy and counseling, could have suffered post-traumatic stress disorder (PTSD), and may fall into depression and despair. 

You’ll also need help recovering any income that you might lose as a result of the truck accident. You might have to file for disability if you’re injured and will spend a lot of time out of work. 

This could include citing damages for future earnings, and other types of financial damages that occur as a result. 

The Amount of Damages Suffered

Aside from the types of damages suffered, you need to also prove the amount. This includes getting documentation for your medical bills, adjuster claims, lost income, and other damages. 

Make sure that the other party is liable for these damages to substantiate them so that you’re paid the right amount. 

Consider Contributory Negligence

One of the biggest areas of liability that you need to get to know is contributory negligence. This means that, by law, both parties could be held responsible for the accident. 

The courts will decide the extent that you and the other party are responsible by establishing a percentage. This dictates how much you get paid in the end. 

Understand Which Party Is Held Liable

Aside from knowing what makes a party liable, you must also learn how to decide which party should be held liable. 

Truck accidents are often multifaceted and require an understanding of the law to fully hash out. This is why hiring the most skilled attorney is so critical. 

Here are some of the parties that are commonly found liable in truck accident cases: 

The Truck Driving Company       

In many truck accident cases, it’s the driver’s company that you will be holding liable. This is because when drivers are full-time employees, the company is responsible for the driver, the truck, and maintaining the insurance that the driver uses. 

It is also typically the company that employs the driver who will be held liable because they have more capital and resources for a settlement. The companies are typically held responsible if they cut corners when vetting drivers, didn’t properly train them, or the driver didn’t have the necessary credentials. 

The company also might not have taken the proper precautions to make sure that the truck was safe and maintained. If they didn’t keep the truck in the shop or if it didn’t pass inspection, the company could be deemed negligent. 

The Truck Driver

Some situations might make it necessary to hold the driver liable, rather than the company. This happens when the driver didn’t do something that they were supposed to, or otherwise made a mistake that led to the collision. 

For instance, if driver fatigue played a role, the driver can be called into question about whether or not they took the proper time to rest. Drivers are required by federal mandate to take a certain number of hours off the road for every block of time that they drive. 

The driver can also be held liable if they were found to be driving under the influence (DUI) of alcohol or other substances. This could also come with criminal charges. The arresting officer would take the driver’s blood alcohol content (BAC) at the scene of the accident or apply a field sobriety test to verify this. 

The driver might also be held liable if they ran the red light, were speeding, or didn’t take the proper precautions to navigate the road and any hazards ahead.  

The Insurance Company

In many situations, it’s the driver or company’s insurance company that you would hold liable. This is the company that insures the driver, which means that they are responsible for making payments for the damages that the driver causes. 

Following the accident, the claim will be forwarded to the insurance company. They can accept liability right away and reach out with a settlement amount after doing their due diligence. If the insurance company fails to honor this commitment or if you think they’re underpaying you, it’s possible to hold the insurance company liable in court.  

The Parts Manufacturing Business

You should also consider the parts manufacturing business. In some accidents, equipment malfunction led to the collision. If this has been proven by an accident investigation and an inspection from professional mechanics, you might also be able to hold the parts company liable. 

This will take some extensive research to prove but could be the best course of action to take if the part failure caused the wreck.

Some examples of this include brake failure, broken straps that cause items to fall from the truck, defective wheels and tires, broken axles, and power steering that fails. 

Loading and Shipping Companies

There are also situations in which the loading and shipping company can be held liable. This usually happens when the loaders didn’t follow the necessary steps or precautions. 

They could have overloaded the truck, which led to the accident. The loading company might have also cut corners when strapping and securing items into the truck.  

Find the Help of a Lawyer

Regardless of who is liable in the truck accident, you must find the help of an attorney that can take your case. Having the assistance of a thorough attorney means that you’re more likely to win your case or come up with a fair settlement. 

Get referrals from other people you know who have experienced truck accident cases. This should steer you in the right direction of some pros that are capable experts. 

Research the law firm to make sure that they are correctly licensed and vetted to take your case. Check with the State Bar of Arizona and legal entities in Maricopa County, and find out how long the firm has been practicing law. 

Find reviews that speak highly of them, and choose a handful of highly recommended lawyers to consult with. During the consultation, they can explore your case with you and let you know how they’ll offer representation. 

Consider their legal strategy against other firms, and make sure that you feel comfortable with the direction that they’re going to take. Read through the legal agreement that they offer and compare costs between law firms. 

Find out if they offer any fees aside from the contingency fee, and learn which lawyer in their firm will be spearheading the case. The firm should also let you know whether they think a court case or settlement is most likely. 

Settlements are the most common in these circumstances, which means that you will also need a firm that knows how to negotiate.  

Consider Your Damages

You also need to account for the types of damages that you’ve suffered. Property damage and personal medical injuries are among the most immediate that you think about.  

The defendant would be responsible for buying you a new truck or repairing the old one if found liable. This could also mean paying for any missed wages that you accrue while injured and recovering. 

Medical bills come down to the physical injuries that you suffered. This might also include broken bones, internal bleeding, fractures, sprains, chronic pain, concussion, and other such medical injuries. It can include direct injuries and the long-term physical therapy recovery that happens as a result. 

If you’re dealing with pain and suffering, you will also have a legal case on your hands. This emotional suffering often follows truck accident injuries, because they can be so traumatic. Many drivers in these accidents suffer from post-traumatic stress disorder (PTSD). 

You might also have to get extensive therapy as a result. People often endure pain and suffering also when they have long-term injuries that need healing and that change their quality of life. 

When you work with a lawyer, they will help you to quantify all of these damages and will make sure that you get paid every penny in a trial or settlement.                       

Bounce Back From Trucking Accidents

Trucking accidents are potentially arduous ordeals. Begin with the words of advice in this article so that you can get the help that you need. 

From there, it’s time to find the best attorneys in your city to represent you. 

Sweet Lawyers Attorneys at Law can help you with any sort of trucking accident that you’re working on. We’d love to discuss your case with you. Take the time to contact us using our web form, or call us at (602)610-6101 to get started.