Process of a Phoenix, AZ Truck Accident Lawsuit

While driving next to a semis on the freeway might make most people nervous, these big trucks are not going anywhere anytime soon. Trucks are a crucial part of our country’s economy and life would be difficult without them. The problem begins when truck drivers and the companies they work for act negligently. Their actions prove they do not care about the safety of other motorists on the road.

If you have been involved in an accident with a semi and are now injured, call Phillips Law Group today. As one of Arizona’s largest consumer law firms, we have stood toe-to-toe against some of the most powerful trucking companies of today. Our team of experienced injury lawyers is not easily intimidated and we can fight for you to receive the compensation you deserve.

Call Phillips Law Group today. We are available 24/7 for a free consultation on your case. There is no fee unless you win.

Hiring a Personal Injury Attorney

The first step in the truck accident lawsuit process is to hire a personal injury attorney. Truck accidents are not easy to litigate. In fact, they are among the most complex cases and can require experience to win.

Trucking companies rarely admit fault because they have a good track record of winning. Most of these companies pay good money for their own team of attorneys to defend their drivers at all costs. This is why calling Phillips Law Group to handle your truck accident case is in your best interest.

We will be able to:

  • Determine liability
  • Gather evidence
  • Find the true value of your claim
  • Negotiate a fair settlement with insurance companies
  • Take the case to trial if a fair settlement is unlikely

Trucking laws and regulations change all the time, but your lawyer will be studied up and ready to go, armed with the truth on his or her side. Lawyers are an invaluable resource to have when you have nowhere else to turn, able to guide you through the legal process and handle all the paperwork on your behalf.

Gathering Evidence for Your Claim

Arizona is an at-fault state. This means if you hope to win your case, you need to be able to prove the other party caused the accident. The only way to do this is with evidence. Evidence gathering is one of the most important steps of the process. You can be sure the trucking company and their lawyers will do whatever they can to prove you are liable. You need to be able to counter their claims.

The worst part of this whole process is that you do not have time to waste. Your lawyer will know how to find the right evidence and do so quickly. Phillips Law Group will be able to:

  • Contact witnesses
  • Gather medical records
  • Request any reports from law enforcement
  • Examine the safety record of the trucking company
  • Take photographs of the accident site
  • Use forensics to piece together every detail of the accident
  • Get professional experts willing to testify on your behalf

By the time the investigation is finished, your attorneys will have all the pieces they need to prove the other driver is the one who caused the accident.

Negotiating a Settlement

After the investigation is complete and all the evidence is gathered, your lawyer should have a good idea of how to approach the next step. Most cases are settled before heading to trial. No one wants to prolong the inevitable, especially if you have the burden of proof.

Along the way, you may receive several lowball offers as the other party attempts to get you to settle for less. However, your lawyer will have a clear picture of what you are owed and will not give in until you get what you deserve.

The types of compensation you may be entitled to include:

  • Lost wages
  • Pain and suffering
  • Medical expenses
  • Lifelong disability
  • Emotional distress
  • Disfigurement
  • Loss of limbs
  • Loss of enjoyment of life
  • Loss of consortium

The amount of money you can receive is not just for current needs, but for long-term costs and necessities as well. Trusting your lawyer is the best course of action, even if it stings to turn down money for now. Just know that the other driver’s insurance company does not have your best interest in mind. They want to pay out as little as possible, so let your attorney negotiate what he has determined is the proper amount you are owed.

Mediating a Possible Solution

Despite your lawyer’s best attempts, the opposing party may not always be willing to settle on a fair number. They may think the evidence is on their side and prefer to keep fighting. When this happens, mediation is possible as a last-ditch effort to avoid trial. Mediation is not the trial itself, but rather a way to resolve a disagreement between both sides.

Both sides will meet with an objective third party who will help guide the discussion along. The third party will not make a final decision about the accident or choose a winner. Instead, they will hear each argument and help find a resolution that can be agreed upon. Negotiation could take one or more sessions. If an agreement cannot be reached, it will be time to move on to the next step.

Filing Your Truck Accident Lawsuit

Your lawyer will know when it is time to file your truck accident lawsuit. He may decide to bypass the mediation stage altogether and go right to court. He may also wait until it is clear that a settlement cannot be reached without going to trial.

Filing a lawsuit could be an attempt at calling the other party’s bluff. Moving forward with the lawsuit should sober them up quickly. You could get a fair settlement out of court after all.

Multiple parties can be held responsible for causing your injuries, including:

  • The truck driver
  • The trucking company
  • Mechanics
  • Manufacturers
  • The road commission
  • Another third party

Any or all these parties may be considered negligent and the cause of the accident. Your lawyer will be able to determine who you should go after based on the evidence. At this time, there may be continued attempts at negotiation while engaging in the discovery process. The discovery process is where both sides will share evidence with each other. This is where the defendant might decide the fight is over and settle.

Going to Trial

After every attempt has been made and neither side is willing to budge, it is time for a judge or jury to decide. Your lawyer will be fully prepared to bring all the evidence he has collected during the investigation phase. After both sides give it their best shot, it will be time to deliberate and decide the final outcome.

Phillips Law Group has been handling truck accident lawsuits for over 26 years. We have helped our clients win over $1 billion in compensation in that time. There is no backing down from insurance companies who want to play hardball. Our focus is to provide compassionate legal services to injury victims of all types.

Call Phillips Injury Lawyers today at (480) 405-5473 or send us a message on our website. We are standing by 24/7 for your convenience.