Trucking Accident Attorney South Mountain
Any type of car accident can result in fatal or serious injuries. Unfortunately, a collision with a commercial truck often increases the potential for fatal or catastrophic injuries. If a trucker caused your car accident, the truck driver and their employer may be held responsible for any injuries and other damages they have caused.
These types of cases are usually very complex since they may involve both state and federal law violations, in addition to large insurance companies that are looking to protect their bottom line. If you have been involved in an accident with a commercial truck, speak with a trucking accident lawyer South Mountain from the Ferguson Law Group. Our experienced and knowledgeable attorneys know how devastating a trucking accident can be and how it can impact every aspect of your life. With one of our attorneys in your corner, you can rest assured we will protect your rights and your claim as you focus on your recovery.
Meet with an AZ Truck Accident Lawyer to Protect Your Rights
By filing a claim, you may be able to recover compensation that can cover the cost of pain and suffering, property damage, lost wages, and medical bills. An experienced Arizona trucking accident lawyer can guide you through this complex legal process, beginning with a case review.
Causes of Trucking Accidents
A trucking accident can happen in many ways, just like a regular car accident. Since the trucker operates a commercial vehicle for a living, they’re more prone to making certain types of mistakes.
Truckers also spend significantly more time behind the wheel compared to the average driver.
Both the truck driver and the trucking company that employs them are subject to federal and state laws and regulations. These rules control every aspect of their job including how long a driver can be on the road without a break. While most truck companies follow these state and federal laws, other trucking companies will cut corners to increase their profits, which puts other motorists on the road in danger.
Some of the most common causes of trucking accidents include:
- Lack of experience
- Failure to follow traffic laws
- Impaired driving
- Driver fatigue
- Driving aggressively
- Distracted driving
- Poor maintenance
- Defective truck parts
Any of these causes can lead to a fatal or serious truck accident.
State and Federal Violations
In some cases, an accident can be directly linked to state or federal law violations.
For example, drivers are limited by the hours-of-service rule. This rule places a strict driving limit on the number of hours a driver is allowed to drive consecutively before they must take a break, based on the type of truck they’re driving and what they’re hauling. Once a trucker has reached the limit, they are required to rest for a specific amount of time.
Unfortunately, there are many trucking companies out there that will incentivize their truckers in ways that will encourage them to break this rule.
A trucking company may set a target that’s impossible for the trucker to meet unless they drive for longer than what’s allowed. They may also provide financial rewards for getting the truck’s load to a certain destination in a shorter period of time.
These types of reward systems not only result in hours-of-service violations but also encourages truckers to drive in ways that are unsafe.
Other Causes of Truck Accidents
Many of the most common causes of trucking accidents are similar to the causes of a passenger vehicle accident. The big difference is that when a commercial truck is involved, the likelihood of deadly or severe injuries is much higher.
If a trucker texts, drives under the influence, or is speeding, the potential for harming another motorist is high considering the weight and size difference between the two vehicles.
Whatever the cause of the collision may be, an experienced Arizona trucking accident attorney can investigate your accident to determine who should be held liable.
Filing a Truck Accident Claim
A truck accident involves a question of negligence. A trucker acts with negligence if they fail to exercise a level of care that a reasonable person who is in the same situation would.
To determine negligence, an attorney must establish four elements of negligence:
- Duty of care
- Breach of duty
The accident victim must demonstrate that the trucker owed them a duty of care. This isn’t very difficult to prove as all drivers in Arizona owe other motorists a duty of care to operate their vehicle safely. Paying attention to the road and driving the speed limit are both examples of meeting the duty of care. While speeding and driving under the influence of alcohol are examples of violating it.
Next, the accident victim must prove that the trucker breached their duty of care. This can occur in several ways including driving while fatigued, texting while driving, or speeding. In a truck accident claim, a violation of regulations that govern truckers can be sufficient to demonstrate that a breach occurred.
An attorney will also have to prove that the trucker’s violation resulted in the accident. Basically, the accident wouldn’t have happened if the trucker had not breached their duty of care.
The lawyer will need to demonstrate that the accident victim suffered damages. This can include injuries that resulted from the crash, property damage, and lost wages.
Who Can Be Held Liable in a Trucking Accident Case?
There are many parties that can be held liable in a trucking accident case. An attorney who has experience with these types of complex cases knows how to thoroughly investigate this type of claim to identify all parties that can be held liable.
The trucker will usually be the defendant in a trucking accident claim. If the driver was negligent, then they can be held responsible for any damages the accident victim suffered.
The trucking company can also be held liable. This is possible if the trucker was employed by the trucking company or because the trucking company cut corners and failed to do something they should have, such as properly maintain their vehicles. The trucking company can also be held liable if they failed to train their driver properly, failed to supervise their driver properly, or were negligent in their hiring practices.
Third parties can also be held liable in certain situations.
For example, if the company that was responsible for loading the cargo loaded it incorrectly or failed to secure the load properly and the load shifted during transport, causing the accident, that company can be held liable for the accident victim’s damages.
Contact an AZ Trucking Accident Lawyer Today
If you or a loved one have been involved in a commercial truck accident, contact a trucking accident lawyer from the Ferguson Law Group today. We have years of experience representing Arizona residents who have been seriously injured in this type of catastrophic accident. We are also familiar with the many complexities of commercial trucking accident cases and have the knowledge, skills, and resources needed to build a strong case that will hold the truck driver and other parties who are responsible for the accident liable. Contact our office today to schedule a case review with one of our top attorneys and let us help you seek justice and compensation for your injuries and other damages.
Arizona Personal Injury Lawyers3111 N Central Ave UNIT A207, Phoenix, Arizona 85012