Trucking Accident Attorney Scottsdale
If you have been involved in a trucking accident, you may be eligible to recover compensation for your injuries, lost wages, medical expenses, and more. If you’re not sure where to turn and you need legal representation at this time, contact a trucking accident lawyer Scottsdale at the Ferguson Law Group to learn more about your rights and how you can hold the at-fault driver responsible for your medical bills and other damages.
How a Trucking Accident Attorney Can Help
A truck accident victim that has legal representation can recover more financial compensation compared to the accident victim that decides to handle the claim on their own. At the Ferguson Law Group, we have the skills and resources to obtain information and evidence that will help us build a strong case.
In most trucking accident claims, insurance companies often get involved. Our attorneys have comprehensive knowledge of the laws and regulations surrounding the trucking industry and we know the tactics that an insurance company will use in the cases they handle to minimize payment.
If the trucking company’s defense attorneys get involved, they may try to argue that the truck driver was not negligent in their actions. They will also try to argue that other circumstances contributed to the accident.
We will use our experience, skills, and knowledge to help protect your rights and work towards our goal of holding all negligent parties responsible for your accident.
Here’s how we can help:
Gather Important Evidence
We will investigate your accident by examining medical records, police reports, and any other documents related to your accident. If there are any eyewitnesses, we will conduct our own interviews.
We will also request access to any evidence that wasn’t gathered such as the truck’s black box. Our lawyers know where to look for evidence of negligence that can help us build a stronger case.
We Will Handle All the Paperwork
We will take care of all the paperwork for you. If the paperwork is filed late or not filed correctly, it can affect your ability to recover compensation. We’ll ensure that your paperwork is filled out correctly and filed on time.
Ensure You Receive the Medical Treatment You Need
We will also make sure that you receive the medical attention that you need. An insurance company may try to limit your doctor’s appointments or claim that you no longer require medical treatment for your injuries. We will fight to ensure you get the medical treatment you need to recover.
Investigate the Trucking Company
In many trucking accident cases, the trucking company’s negligence resulted in the accident. For example, the trucking company may have failed to replace a truck’s air brakes or failed to maintain the truck properly. Will conduct our own investigation of the trucking company to look at important documents and records that can indicate negligence.
Negotiate with Insurance Companies
We will negotiate with insurance companies on your behalf. We will work hard to negotiate a fair settlement with an insurance adjuster to recover compensation for your injuries and other damages. We can accomplish this by building a solid case that lets the insurance adjuster know that we’re ready to fight them in court if they’re unwilling to offer a fair settlement.
We will file a lawsuit on your behalf. In some cases, an insurance company will refuse to offer a fair settlement. Our trucking accident attorneys have significant litigation experience and are not afraid of presenting your case in front of a judge. We have significant trial experience and are familiar with the types of courtroom strategies that an insurance company’s defense attorneys will try to use to place the blame on the accident victim. In some cases, once an insurance company learns that we plan on taking the case to trial they will be more willing to negotiate a fair settlement offer. An insurance company does not want to risk losing in court and paying for a costly trial.
Common Trucking Accident Injuries
Because of the large size of semi-trucks, most passenger vehicles on the road can take serious damage when they’re involved in an accident with a commercial truck. The occupants of the passenger vehicle can also sustain life-changing injuries in a trucking accident, including:
- Organ damage
- Broken bones
- Spinal cord damage
- Back and neck injuries
- Traumatic brain injuries
- Scarring and disfigurement
Having a skilled, experienced attorney in your corner can help protect your rights, while you focus on your recovery.
There may be many different people and entities that contributed to the cause of a trucking accident. For example, if a trucking company failed to train its driver properly and the trucker caused a serious accident, the trucking company can be held liable for damages.
Every accident is unique, which can make it difficult for an attorney to provide an exact value for your claim. However, some of the following may be included when calculating the damages of a claim:
- Past and future medical care
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Property damage
What Else Can Impact Settlement Value?
A trucking accident claim often involves a high settlement amount due to the extensive injuries a victim sustains and the complex nature of damages.
When a trucking accident leads to a permanent injury, the settlement amount will typically include the projected cost of future treatment.
In addition to receiving compensation for economic losses, an accident victim can also receive compensation for pain and suffering, mental distress, and other types of non-economic damages.
Semi-truck accidents are usually so severe that repairing a vehicle is impossible, which necessitates compensation for a new vehicle.
The average settlement amount following an Arizona trucking accident can vary and will depend on many of the factors that have been outlined above, however, a trucking accident claim often involves higher damage amounts compared to a typical car accident.
Unlike passenger vehicle accidents, semi-truck accidents will always involve a professional driver. While every driver is required to adhere to a standard duty of care, a professional driver must take their standard of care to a whole new level. A court will scrutinize all of the trucker’s actions, holding them accountable for any type of reckless activity, such as failing to properly maintain their vehicle and distracted driving.
In addition to the trucker, the trucking company, person, or entity responsible for truck maintenance, and other passenger vehicle drivers may all face liability. At the Ferguson Law Group, we will work with a team of specialists, including private investigators, medical professionals, and accident reconstruction experts, to explore every avenue for compensation.
As we investigate your case, we may research some of the following details:
- The company that loaded the trailer
- Any leasing companies
- The person or entity that services the semi-truck
- The company or person responsible for training the trucker
- The truck’s owner
- Trucking company
- The truck driver
- Trailer manufacturer
- Truck manufacturer
We will also obtain certain documents that can be used to support your claim for damages, including the license and insurance information of the driver, information from any eyewitnesses, medical records, and the police report.
Statute of Limitations
In Arizona, accident victims will have two years from the date of the accident to file a lawsuit. If you fail to file the proper documents on time, you will be unable to seek compensation for your injuries and other damages.
While two years may sound like a long time, because of the complexity of trucking accident cases, an attorney will require as much time as possible to gather evidence, investigate your accident, and build a strong case that will hold all parties responsible for all of your accident-related damages.
What Makes Trucking Accidents Different from Passenger Vehicle Accidents?
The likelihood of suffering catastrophic damages after an accident with a semi-truck is significantly higher compared to a collision with a passenger vehicle because of the weight and size of the commercial truck.
Other differences that can add to the complexity of a trucking accident stem from the state and federal regulations and laws that govern the trucking industry.
Additionally, there may be many parties that can be held liable and several types of evidence that can benefit a claim. These complexities can make it difficult for the accident victim to file a claim alone.
The Trucking Industry
Truckers are required to adhere to state laws; however, they must also follow the regulations set by the Federal Motor Carrier Safety Administration. These regulations have been implemented to reduce the number of commercial truck accidents and to increase safety on the road.
Driving restrictions put in place by the FMCSA are intended to regulate the number of hours a trucker can operate their vehicle in a twenty-four-hour period. These regulations can help reduce the risk of a trucker falling asleep behind the wheel.
Driving regulations include:
- Spending no more than eleven hours behind the wheel within twenty-four hours
- The trucker must take off ten consecutive hours in a twenty-four-hour time frame
- The trucker may not spend their off-duty hours in their vehicle unless they are in a sleeper berth
- The trucker is required to take a thirty-minute break after they have driven eight hours consecutively
- The trucker is restricted to no more than sixty hours of driving during any seven days and no more than seventy hours over an eight-day period. Once the trucker has reached their limit, they are required to go off duty for a minimum of thirty-four consecutive hours.
- Truckers are also required to follow the Federal Motor Carrier Safety Regulations and always record their status every twenty-four hours. The trucker’s logbooks can provide important evidence in a trucking accident claim.
After an accident involving a semi-truck, investigators from the trucking company’s insurance company will rush to the scene of the accident to gather evidence. Preserving evidence is crucial to the insurer since it can reduce their policyholder’s liability.
The accident victim’s lawyer must also act quickly to obtain important evidence from the scene of the accident, such as the truck’s black box before it is destroyed or lost.
Other supporting evidence can include:
- Photos taken at the accident scene, including weather conditions, damage to all vehicles involved, road debris, missing traffic signs, or broken traffic lights.
- Statements from eyewitnesses
- Police reports
- The trucker’s driving logs
Contact a Scottsdale Truck Wreck Lawyer
If you have been injured in a commercial truck accident and believe it was due to the negligent actions of the trucker, contact our office today to speak to a trucking accident attorney Scottsdale to schedule a free case review. We will meet with you to discuss the facts of your case, and most importantly, we will listen to your concerns and answer any questions you may have. Don’t put off contacting an attorney after this type of devastating accident. Speak with one of our attorneys today and find out how the team at the Ferguson Law Group can help you hold the negligent tucker and other liable parties responsible for your injuries and other damages.
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