Truck accidents can cause devastating and debilitating injuries and result in severe physical, mental and emotional trauma for many victims. Discussing your situation with an experienced injury lawyer is an important part of the recovery process.
At Phillips Law Group, our legal team has been protecting the rights of injury victims for more than 27 years. We have recovered millions in compensation on behalf of more than 155,000 clients with direct experience successfully handling a variety of motor vehicle accident cases. This includes a $4 million dollar settlement for a motorist who suffered a spine injury and became paralyzed and a $3.1 million dollar settlement for a motorist who suffered a broken neck and brain trauma.
Contact our Tucson truck accident lawyers for a free consultation. We operate on a contingency fee basis, so there are no upfront fees. We only get paid if you win. Reach out to us 24/7 over the phone or online.
If you were injured in an accident with a commercial truck, such as an 18-wheeler, semi-truck, tractor-trailer, flatbed truck, or cargo trailer, negligence may have been involved.
Many different factors need to be considered to determine if you may have a viable case. During a free initial consultation, our legal team is prepared to review your situation and discuss the legal options that might be available to you.
We have extensive experience helping prove negligence through insurance claims or personal injury lawsuits for many injury victims.
The four elements of negligence include:
The at-fault party owed you a duty of care to act in a reasonable manner to prevent you from suffering harm.
The at-fault party breached the duty of care by not acting as a responsible person would have under similar circumstances.
The at-fault party’s breach of duty directly caused you to suffer an injury ”“ your injuries would not have happened otherwise.
The at-fault party’s breach of duty caused you actual damages, such as medical bills and lost wages.
Proving negligence can be a complicated process, especially when it comes to truck accident cases. That is why we encourage you to contact a licensed Tucson truck accident lawyer from our firm to determine if you may be eligible to take legal action.
What is My Truck Accident Case Worth?
No two truck accident cases are the same, so the value will depend on a number of factors unique to your situation. This includes the severity and nature of your injuries. The more severe and permanent your injuries are, the higher your damages may be.
There are several forms of compensation that may be available. They are divided into two categories: economic and non-economic damages.
Economic Damages
This refers to specific monetary losses experienced after a collision with a truck, such as:
Medical treatment ”“ This helps covers the cost of medical expenses, such as hospital stays, emergency services, surgery, imaging tests, transportation to and/from doctor visits, prescription medications, medical assistive devices, physical therapy and rehabilitation costs.
Loss of income ”“ If you are unable to work because of your injuries, you may be able to recover compensation for your loss of income. Should the accident impact your ability to return to work at all, you may be eligible for loss of earning capacity for wages you would have earned in the future.
Property damage ”“ This helps covers damage to your vehicle and personal belongings in the vehicle at the time of the accident, such as jewelry, electronics and even clothing.
Non-Economic Damages
These damages are more difficult to quantify because they have no monetary value and refer to the physical and psychological suffering you have experienced in a truck crash. This could include:
Physical suffering ”“ Any immediate or life-long physical effects resulting from the truck accident can be considered physical suffering. This includes pain from your injuries, permanent disabilities, amputated limbs, scarring and disfigurement.
Psychological suffering ”“ Being involved in an accident with a truck can be a traumatic experience and have a lasting impact on one’s mental state. Psychological suffering includes any emotional trauma endured, such as anxiety and fear when entering a vehicle or just thinking about the crash.
Our staff is available to take your call 24 hours a day, seven days a week. 602-222-2222 .
Who Could Be Accountable for the Injuries I Sustained?
If you have been involved in a truck accident, determining liability can be extremely difficult because more than one party could be to blame for your injuries. Our legal team knows how complex truck accident cases can be and how to investigate these types of collisions to determine who could be at fault.
The Truck Driver
Generally, the truck driver is the one at fault. Driver error could include speeding, driving under the influence of drugs or alcohol, failing to obey traffic laws, tailgating other vehicles, or driving while distracted or drowsy.
The Truck Owner
The owner of the truck, which may sometimes be the driver, could be liable for an accident if it was caused by failing to properly inspect and maintain the vehicle before departure. It is the responsibility of the truck owner to make sure that the vehicle, inside and out, is safe for operation.
The Trucking Company
The trucking company that hired the driver could also be held accountable. They could have provided unrealistic deadlines for the truck driver to meet that caused him or her to fall asleep at the wheel. Many trucking companies may also take shortcuts when performing maintenance, resulting in an accident.
The Truck or Parts Manufacturer
If a malfunction or a defect in the design caused the vehicle to experience brake failure, a tire blowout or another mechanical problem that caused a collision, the manufacturer of the truck or its parts could be liable.
The Cargo or Loading Company
No matter the type of cargo, cargo-loading crews are responsible for properly loading and securing it. When trucks are overloaded or their cargo is not properly secured, the company responsible for loading the cargo could be held responsible for accidents and injuries that result.
The Tucson truck accident lawyers at our firm know to gather the necessary evidence to determine the party or parties that may be liable for an accident.
Why You Should Hire a Lawyer
It is important that you explore your legal options if you have been involved in a serious accident. If we represent you, our lawyers are prepared to pursue maximum compensation for your losses. This includes conducting a detailed investigation into your accident, identifying the severity and extent of your injuries through photographic evidence and medical records, dealing with the insurance companies on your behalf so that you are not tricked into a lowball settlement, as well as estimating an accurate value of your damages.
We know how insurance companies, cargo companies and trucking businesses conduct themselves following these types of accidents. We know how to protect our clients’ best interests each step of the way.
Contact our firm today if you have questions about the legal process. Phone: 602-222-2222 .
How Long Do I Have to Take Legal Action?
The statute of limitations in Arizona for most personal injury cases, including truck accidents, is typically within two years from the date of the accident. Failure to take legal action before the two-year deadline means you could lose your right to pursue compensation.
There could be some exceptions to this deadline. For instance, if the victim was a minor at the time of the accident, he or she should would have two years from his or her 18th birthday to file a case. The deadline could also be extended if you do not discover an injury until sometime after the date of the accident.
If you are unsure if your time to file has passed, we recommend that you reach out to one of our Tucson truck accident attorneys.
Commercial Vehicle Insurance Requirements
The Federal Motor Carrier Safety Administration (FMCSA) and the state of Arizona have certain commercial vehicle insurance requirements. Primary liability coverage, for example, is mandatory for all truck drivers to carry. Other coverages, such as physical damage truck insurance and bobtail coverage are optional but could offer additional protection in case of an accident.
Truck drivers hauling cargo inside state lines must maintain minimum liability coverage amounts. This includes:
No less than $300,000 for any trucks hauling household goods
No less than $750,000 for any trucks hauling general cargo
No less than $1,000,000 for any trucks hauling oil
No less than $5,000,000 for any trucks hauling hazardous materials
On a federal level, truck drivers going across state lines generally must have no less than $750,000 in liability coverage if they are hauling non-hazardous materials with at least a gross vehicle weight of 10,001 pounds. This helps cover injuries to victims in a truck accident and resulting property damage. In some situations, this coverage could potentially increase to $5,000,000 if the truck driver is hauling hazardous cargo.
Reasons Why Truck Accidents Happen
Truck accidents can happen for a variety of reasons:
Driver fatigue
Debris on the roadway
Hitting a vehicle while stopped or in motion
Speeding or driving recklessly
Driving off the side of the road
Driving in poor weather or poor road conditions
Failure to conduct vehicle maintenance
Failure to properly inspect the vehicle
Loose or unsecured cargo
Drifting into other vehicle lanes
Loss of vehicle control
Driving while distracted on the phone, eating or using a GPS device
After seeking medical care for your injuries, it is generally a wise decision to discuss your situation with an attorney as soon as you can. You only have a certain amount of time to take legal action and pursue compensation.
Discuss Your Claim With a Tucson Truck Accident Attorney
For more than two decades, Phillips Law Group has been protecting the rights of injury victims. Our legal team has recovered over $1 billion in compensation on behalf of our clients and we only get paid if you win.
Our founding partner Jeffrey Phillips is a Top 10 member of the Trucking Trial Lawyers Association, an invitation-based organization comprised of the leading attorneys from each state or region serving truck accident victims and their families.
Contact us today for a 100 percent free consultation at no risk or obligation to you. There are no upfront fees involved for our legal services. Let us review your claim and discuss your legal options today.
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