Truck Accidents
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Additional Information
Injured in a Truck Accident?
Large truck crashes happen all across the United States - including Phoenix, Arizona. While they may be caused by a wide variety of reasons, all large truck crashes have two things in common. One, big rig crashes frequently cause devastating injuries or death, and two, the most severely harmed are almost always the people outside the truck.
If you or a loved one has been involved in a large truck accident in Arizona, whether it was with a construction vehicle, tanker truck, or any other vehicle, know that you have rights. With a free consultation from The Husband & Wife Law Team, you can better understand your legal rights so that you can make the best choice in your case. Call our truck accident attorneys today.
What Are Common Causes of Truck Accidents?
Like all vehicle accidents, there are many different factors that cause big rig crashes. However, these causes can often be even more complex and involve numerous at-fault parties. These are some of the most common truck accident causes:
Dangerous actions taken by truck drivers, such as driving drunk, speeding, or improperly handling their vehicles.
Truck drivers who violate state and federal regulations, including the Hours-of-Service rules and guidelines regarding work schedules.
Trucking companies who incentivize or threaten drivers into breaking the law, leading to dangerous behavior on the road.
Failing truck parts that cause the driver to lose control or the big rig to break down on the road. This can lead to major incidents like a jackknife or a runaway trailer.
Dangerous roads that are either poorly designed or that have been seriously damaged and left unrepaired by responsible government agencies.
Other passenger vehicle drivers who act recklessly, leading to a chain reaction on the road that involves a tractor trailer.
In addition, large commercial trucks have no-zones, or blind spots. The largest no-zone on a truck is on the right-hand side. With only a mirror and the driver sitting on the other side of the truck, this no-zone begins at the mirror of the cab and extends almost the entire length of the truck. It also extends across one entire lane on that side. For this reason, drivers should avoid passing a truck on the right-hand side.
The left-hand side of the truck also has a blind spot beginning at the side mirror and extending the full length of the cab of the truck. If you cannot see the trucker’s face, the truck driver cannot see you, either. Directly behind the truck is another no-zone, one that extends up to 200 feet. Being in this no-zone also makes it more difficult for you to see what’s ahead and reduces your reaction time. Trucks also have a no-zone directly in front of them. This blind spot extends up to 20 feet. Because a truck’s driver sits higher than other vehicles, it can be difficult to see what is in front of the truck. Cutting off a truck can be dangerous, because the truck driver may not know a vehicle has moved into that spot.
Although these no-zones are large, truck drivers are still responsible for knowing how to work with them and around them to ensure everyone is safe. When they do not, they can still be held liable, even if a vehicle was in their no-zone.
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What Evidence Is Needed to Prove Fault?
Any evidence and testimony collected will help you understand the accident’s cause, and can be used to form a legal case.
In order to have a successful case, you need to prove that: a truck driver, trucking company, or truck manufacturer acted negligently or recklessly and that this is what caused the accident. Photos of the crash, police reports, testimony, expert opinions, medical records of injuries, and crash reconstruction can combine to successfully prove fault.
What Kind of Compensation Can I Receive?
Because of the severe damages caused by a large truck crash, victims often suffer devastating injuries, disabilities, and the deaths of loved ones. When medical bills, lost work, and the emotional toll of the crash combine, it is easy for victims to sustain hundreds of thousands to millions of dollars in damage.
If your case reaches a settlement, the at-fault parties and their insurance providers can compensate you for the severe debts caused by injuries, as well as any future needs and losses, such as rehabilitation or a continued inability to work.
The Widespread Danger of Commercial Vehicle Accidents
Commercial vehicle accidents (CMVs) almost always involve trucks. Big rigs, semis, semi-trucks, tractor-trailers, you name it; they account for most commercial vehicle accidents. According to the Arizona Department of Transportation (ADOT), semi-trucks account for more than 2,500 collisions every single year.
Vehicles being used for a commercial purpose are often larger than passenger vehicles. When you’re involved in a CMV or trucking accident, you’re up against a company - and its high-powered lawyers and insurance carriers.
What Is a “Commercial Motor Vehicle”?
Passenger cars, pickup trucks weighing three-fourths of a ton or less, and vans weighing three-fourths of a ton or less that are used for commercial purposes 1,000 or more hours in a vehicle registration year must be registered commercially.
From the Arizona State Legislature, 'commercial motor vehicle' means a motor vehicle or combination of motor vehicles that is designed, used or maintained to transport passengers or property in the furtherance of a commercial enterprise on a highway in this state, that is not exempt from the gross weight fees…that includes any of the following:
A single vehicle or combination of vehicles that has a gross vehicle weight rating of eighteen thousand one or more pounds and that is used for the purposes of intrastate commerce.
A single vehicle or combination of vehicles that has a gross vehicle weight rating of ten thousand one or more pounds and that is used for the purposes of interstate commerce.
A school bus.
A bus.
A vehicle that transports passengers for hire and that has a design capacity for eight or more persons.
A vehicle that is used in the transportation of materials found to be hazardous.
For example:
Big rigs
Airport vans
Rental limousines
Taxis or charter buses
Carpool and rideshare vehicles (depending on company specifics)
Big Trucks = Big Dangers
When it comes to sharing America's roads, it's pretty evident that trucks represent a unique kind of threat in close traffic. Large, boxy vehicles need sharp, attentive drivers. Good training is the key to making sure that trucks do not cause undue hazard for drivers of other vehicles. The plain fact is that a collision will not affect a big truck in the same way as a car - traffic statistics show that having a negligent or careless driver behind the wheel of a lumbering semi or other giant vehicle can have disastrous consequences.
Truck accidents are among the most violent collisions on our nation's roadways. Unlike conventional cars, semi-trucks are often comprised of two separate parts, either of which may spin out of control and harm dozens of people. Add in the widely variable freight that large trucks carry on our highways each year, and it's no wonder so many fatalities arise from truck accidents.
If someone you love has been killed in a truck accident and you suspect the negligence of another party may be to blame, it is essential to avail yourself of strong legal representation.
What Constitutes Wrongful Death in a Truck Accident?
What is wrongful death? The term refers to someone who was killed as the result of a negligent act, or failure to act, by another party. In the case of a truck crash, the term is generally understood to mean any fatality that arose as the result of a preventable accident. The at-fault party can include the other driver, the dispatching company, the maintenance team, the truck manufacturer, and even the municipal organization responsible for keeping the roadways well-lit and safe.
Before you enter any wrongful death suit, it is important to understand what kind of expenses you can recover. Medical bills, funeral expenses, and any property damage - yes. As a matter of fact, Arizona's wrongful death statutes are far more robust than that, and may include cash awards for loss of income, and pain and suffering. If the negligent act that led to your loved one's death was particularly egregious, a jury may double the settlement or more as a punitive measure.
Frequently Asked Questions
How do truck accident cases differ from car accident cases?
There are important differences in how these cases are addressed legally. Commercial trucking is regulated by the Federal Motor Carrier Safety Administration (FMCSA) and the National Highway Traffic Safety Administration (NHTSA). Trucking companies and commercial drivers alike are required to comply with many federal regulations that do not apply to an average driver. In order to successfully handle Phoenix truck accident cases, an attorney must be well-versed in this specific body of law.
Another difference is that truck accident cases are typically more complicated with regard to liability. Potentially liable parties in a truck accident case may include the driver, the trucking company, the truck manufacturer, a parts manufacturer, or a company that repaired or performed maintenance on the truck or trailer.
What should I do if the insurance company makes me an offer after a truck accident?
If the accident was the result of a truck driver or trucking company negligence, you may think you will certainly receive an offer from the insurance company, but many times the insurance adjuster will surprise you and will make no offer at all or a very minimal offer or will deny liability completely even though they know their driver was negligent. In all probability, they will make you a lowball offer, relying on your vulnerability and lack of legal knowledge. This is an effort to reduce the cost of the insurance settlement, and is definitely not in your best interests. You will be asked to sign a settlement release that falls far short of the compensation you are actually entitled to receive. They might even tell you that the offer is only open for a limited time, and you may feel pressured to accept – particularly if your injuries make it impossible to work and earn a living.
In this situation, it is imperative that you speak with our truck accident lawyer as soon as possible after the accident. If the insurance company asks you to make a statement, you are entitled to refuse, and to seek legal counsel in the matter.
How many big rigs are involved in traffic accidents in the U.S.?
According to the Insurance Information Institute (III), big rigs account for only 4% of all registered vehicles. However, according to recent accident data, large trucks accounted for 9% of all vehicles involved in fatal accidents (and 3% of all vehicles involved in injury and property damage accidents). To put those percentages in more tangible terms, the National Highway Traffic Safety Administration (NHTSA) reported that 4,067 people were killed in commercial truck accidents in the U.S. in 2015.
Need legal help after a truck accident in Phoenix?
Never accept a settlement offer from an insurance company without first speaking with a Phoenix attorney who has a long history of successfully resolving truck accident cases. The Husband & Wife Law Team can investigate your accident, collect and preserve the evidence to support your case, and skillfully negotiate with the insurance company on your behalf. You can trust us to help you pursue the maximum possible in your case.
Why You Should Speak With Our Truck Accident Lawyers
Families who have seen this kind of tragedy overtake one of their own can contact the Phoenix truck accident lawyers at The Husband & Wife Law Team, to get fast, attentive resolution of a truck accident case. The Husband & Wife Law Team has been helping families get just compensation for personal injury and wrongful death cases for a long time, and will provide the needed care for clients whose case rests on a detailed, competent response to a serious accident. Submit a case form online and start the legal process working in your favor to pursue justice.