Trucks can be extremely destructive in collisions due to their large size and heavy loads. If you or a loved one was involved in a truck accident, it is important to seek legal advice to protect your rights. Commercial truck drivers and trucking companies generally retain their own team of lawyers who are quick to get to the scene and perform their own investigation.
While some truck accident victims may choose to file a claim on their own to avoid expensive lawyer fees, this can leave them at a great disadvantage. Victims often face the reality of having to pay upfront costs to gather the necessary evidence to build their own cases. Without your own legal counsel, you will be up against professional lawyers and insurance companies who know the law well and how to use it to benefit their clients.
By having an experienced lawyer on your side from the very beginning, you too will have a qualified team of lawyers working for your best interests. Phillips Law Group is one of Arizona’s largest consumer law firms. We have the resources and capability to handle your truck accident case and seek justice for your injuries.
Call 602-222-2222 to schedule a free consultation with a qualified lawyer today.
Determining Who is Liable in a Truck Accident Case
There are many reasons a truck accident can happen and it might not always be the driver’s fault. Lawyers will investigate to find contributing factors which may point to other liable parties. Generally, employers are responsible for the actions of their employees. Yet, liability can become a complicated issue if the truck driver is classified as an independent contractor. In fact, many trucking companies may claim the driver is not an employee so as to evade liability.
Our team of lawyers understands the methods insurance companies and at-fault parties may try to use to escape liability. A qualified truck accident lawyer can review all the facts to verify which parties are liable for your damages.
Investigating a truck accident scene
Good evidence is the foundation of a strong case. If you are involved in a truck accident, it is crucial to gather as much information as soon as possible. Hiring a lawyer without delay will give your legal team the best chance of getting all the necessary information from the very beginning.
To determine who is at fault in a truck accident, your lawyers may hire a professional accident reconstruction engineer to investigate, analyze, and conclude what caused the crash.
Contributing factors of the accident may include:
- The trucking company failing to perform adequate pre-employment screening
- The truck driver lacking the appropriate qualifications needed to operate a commercial vehicle
- The truck driver falling asleep at the wheel due to unreasonable demands by the trucking company
- The shipping company loading the cargo improperly causing it to be displaced
- The truck owner failing to adequately maintain the vehicle or tractor-trailer
- Another driver violating traffic laws
Identifying multiple liable parties in a truck accident
When your attorneys identify multiple liable parties involved in your truck accident, they can also help file a claim against each party. Although it may seem clear-cut to you who is at fault, it is important to remember that the other parties involved might have their own version of what happened. It is not uncommon for those involved in an accident to try and evade responsibility or place the blame on others, so it is critical to have an experienced lawyer working for your best interests.
Potential parties who may be held liable for a truck accident may include the:
- Truck driver
- Other involved drivers
- Truck owner
- Trucking company
- Truck maintenance company
- Truck parts manufacturer
- Freight broker
- Cargo and shipping loading company
Filing a Negligence Lawsuit
Many truck accidents are caused due to the negligent actions of one or more parties involved. Negligence refers to when a person fails to take proper care in doing something according to what is reasonably expected by law. Although an accident may not have been caused intentionally, if an at-fault party is proven to have acted negligently, they can be held accountable for their actions or inaction.
To file a claim based on negligence, the following four elements must be established:
- Duty of care: The party was obligated to act according to a standard of care
- Breach of duty: The party breached this duty of care
- Causation: The party’s actions or failure to act directly caused your injuries
- Damages: The resulting injuries caused you monetary damages
Establishing negligence can be a complex process when there are multiple liable parties involved – requiring much time, energy, and resources. For one thing, a party’s duty of care can differ depending on their involvement in the incident.
For example, a driver has a duty to drive safely and adhere to traffic laws. And yet, a trucking company has a duty to hire qualified drivers to transport goods.
Hiring a truck accident lawyer will give you the advantage of having a legal team work to build a strong case for you. Our team can gather the needed evidence to effectively demonstrate how the other party’s negligence caused your injuries.
Types of Compensation a Truck Accident Lawyer Can Pursue
Truck accident victims may suffer serious injuries, leaving them with high medical bills and lost wages. Many victims are unaware of the different types of compensation they can get, but our truck accident attorneys understand the Arizona laws that govern personal injuries.
When we look at a case, we can identify which economic and non-economic damages a victim can seek for his or her injuries. Economic damages provide compensation for the monetary losses you have experienced. Non-economic damages refer to suffering and losses that come without a price tag or receipt.
Compensation our legal team will endeavor to recover for you includes:
- Medical bills
- Lost wages
- Loss of potential future earnings
- Property damage
- Pain and suffering
- Emotional trauma
- Disability or disfigurement
- Loss companionship
- Death
A qualified lawyer can gather the necessary witness statements to support your claim for compensation. It may also be vital to seek the services of a reputable medical professional to provide supporting evidence regarding your pain and suffering.
At Phillips Law Group, our goal as a firm is to help every client seek justice and recover compensation for his or her suffering. If you decide to hire us, we will do our best to secure the maximum amount of compensation for your economic and non-economic damages.
Dealing With Insurance Companies
If you have been injured in a truck accident, it can be overwhelming to deal with uncooperative insurance companies while juggling health and financial issues. Insurance companies often make a lowball offer that may only cover the bare minimum of your expenses.
In this way, insurance adjusters undervalue your damages in order to minimize the amount of compensation you receive. Hiring an experienced attorney who understands the tactics insurance providers often use may increase your chances of being fairly compensated.
It is vital to seek legal advice before accepting any insurance settlement. If you hire one of our qualified truck lawyers, we can deal directly with the insurance companies, negotiating with them on your behalf. If the insurance company cannot agree on a reasonable settlement amount, we can explore the option to file a personal injury lawsuit seeking additional damages.
Time Limits for Filing a Truck Accident Claim
The State of Arizona requires truck accident victims to file a claim within 2 years from the date the accident occurred or when the injury was first discovered. Failing to submit your claim within the required time limit will most likely result in your case being denied. If this happens, you will not be allowed to seek any compensation for the same case.
Our seasoned truck accident lawyers understand the legal process to file your claim. We know what documentation needs to be prepared, where it needs to be filed, and when it needs to be submitted. If you choose to hire us, we will ensure all your documentation is filed within the required time constraints.
Thus, you can have peace of mind. You will be able to rest assured that your case is being handled by a team of legal professionals while you can freely focus on recovery.
Schedule Your Free Consultation With a Truck Accident Lawyer Today
The team at Phillips Law Group is dedicated to helping truck accident victims seek justice for their injuries. We work hard to hold the liable parties accountable for their actions and recover fair compensation for our clients. We have successfully won millions of dollars in settlements for our clients, helping them get financial support in their time of need.
Phillips Law Group provides quality legal representation for residents in Arizona and beyond. We work on a contingency basis which means you can hire us without having to pay any upfront fees. Our law firm only gets paid when we win your case and collect compensation for your injury.
If you have questions, talk to one of our truck accident lawyers for legal advice you can trust. Call us at 602-222-2222 to schedule your free case evaluation today.
