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Commercial trucks are an essential component of the U.S. economy, making up one part of a logistical chain that delivers all kinds of goods. They can also, however, be a danger on the roads. Their size and slower braking speeds can lead to serious accidents that leave injuries, property damage, and even fatalities in their wake.
Torgenson Law offers the chance to get representation if you’ve been affected by a truck accident. By turning to Paradise Valley truck accident attorneys, you can receive the guidance and support you need.
Each year in Arizona, there are an average of 10,700 accidents involving a truck. Throughout the United States, that number can be as high as 168,000 each year. But what exactly causes these accidents, and why is having an attorney so crucial?
The most complex part of a commercial truck accident claim is proving that the truck driver, trucking company, or even truck manufacturer was negligent. This isn’t simple to do because of the amount of evidence necessary to prove the claim.
You have to remember that Arizona follows what’s known as comparative negligence law. This law allows anyone involved in the accident to receive some compensation, even if they were partly at fault. By being able to prove that the other party was wholly at fault, you can receive fairer compensation.
First, you must determine what kind of evidence is necessary and then go about actually gathering that evidence. To complete these steps, you need help from Paradise Valley Truck accident attorneys.
Not having an attorney helping you as you file a claim after a truck accident is a serious mistake because of how complex these cases can be. Just the number of parties involved in these kinds of cases adds to their multifaceted nature.
The truck driver may be liable, yes, but the trucking company could also be at fault if they didn’t perform some crucial maintenance. Alternatively, they might have allowed the driver to work for more hours than they should have.
If the party at fault was the trucking company, you have to consider that they have teams of lawyers to defend them when these kinds of claims arise. If you’re on your own, it’s almost impossible to fight your corner against experienced professionals.
The laws that apply to commercial trucks are also very complex. There could be violations of Federal Motor Carrier Safety Administration guidelines that you’re not aware of, making it more difficult to win your claim.
It’s not easy to prove that another car was in violation of standard traffic laws. Imagine how tough it can be to understand the regulations that commercial vehicles follow.
After being involved in a collision with a commercial truck, you could have the right to a few different types of compensation.
It’s common to suffer injuries as a result of a commercial truck crash. These can vary in severity, but they usually require medical treatment. You shouldn’t have to foot the bill if the accident wasn’t your fault.
These kinds of economic damages allow you to get compensation for hospital bills, medication costs, physical therapy, and more. They don’t just cover past expenses, either. If you have to receive ongoing treatment and will continue to need it in the future, you can also get compensation that covers those costs.
When a car collides with a truck, the likeliest outcome is that it will sustain extensive damage. Depending on the speed at which the vehicles were traveling, the car could end up totaled.
If that’s the case, you could get compensation for repairs or replacements. That applies to any kind of property that gets damaged in an accident.
If you had to miss work because of your injuries, you missed out on getting paid. Lost wages compensation allows you to get reimbursed for those days you missed. This applies even if you used vacation time or sick days.
Lost wages can also be calculated and applied to the future. If your injuries don’t allow you to work at your regular job or at all, lost wages have to include the future payments you would have received.
Dealing with injuries and the trauma of being in an accident doesn’t just mean having to go get medical care. It also requires you to manage pain and the suffering that comes with it.
This type of damage is not easily quantifiable. As a result, attorneys and insurance companies have come up with several ways of calculating the amount of compensation you can receive. Most of the time, those who have sustained more severe injuries or those who will have lasting consequences because of their injuries will receive more compensation for pain and suffering.
If you lost a loved one in an accident or if they suffered injuries that left them disabled, you may also be entitled to loss of consortium damages. This type of compensation strives to make up for your loss of companionship, love, and support.
As with a regular car accident, proving fault in a commercial truck accident requires relying on a variety of evidence. Medical records are especially vital since they demonstrate the impact the accident had on you. You can also rely on a police report, which offers information on the scene of the accident and much more.
Eyewitness statements are useful as well. That’s why it’s so important to get the contact information of those who witnessed the accident.
Because a commercial truck accident is more complex, however, you need to gather additional evidence. In some instances, you may need the black box data. A truck’s black box is similar to a plane’s, offering information about areas like the truck’s movements, performance, and speed at the time of the accident. It can also tell you whether the driver has gone a long time without a break.
In addition, some trucks also have in-cabin cameras. These cameras can show you how the driver was behaving at the moment of the accident. This is essential if you’re trying to prove that they were distracted or engaged in aggressive driving.
Cell phone records can help you prove whether the truck driver was on the phone or texting before the accident occurred. Maintenance records can be helpful, too, as they clearly show when the truck had its last inspection.
The person who tends to get the majority of the early blame for a truck accident is the truck driver. In some instances, this may be fair. If the driver was intoxicated, distracted, or driving aggressively, they are likely at fault. But that’s not always the case.
The trucking company could also be to blame. It has a responsibility to hire qualified drivers and to ensure that those drivers receive the right amount of training. If the company fails to do that, it could be liable. Companies could also be responsible if they allow or encourage drivers to travel for longer than they should without taking a break.
Trucking manufacturers may be liable as well. Every part in a truck is essential and has to work exactly as it was manufactured to do. Any kind of malfunction can lead to catastrophic results, potentially causing the driver to lose control of the truck.
Something that most people don’t realize is that many trucking companies employ third-party loading companies. Loading a truck correctly is vital for the safety of everyone on the road. If the cargo isn’t loaded properly, it can shift during travel and potentially cause the truck to tip over.
Most truck cases involve a combination of factors that make many people liable. An attorney can help you place fault where it belongs.
In Arizona, the average length of time you have to file a claim after a truck accident is two years. That said, it’s important for you to keep in mind that the exact circumstances of the accident will dictate how long you have to file. Unless you’re experienced with Arizona law, you likely won’t know exactly how much time you have.
That’s why you should contact a lawyer as soon as possible after being in an accident. They can help you determine and meet your filing deadline, as well as ensure that you don’t miss the other required dates throughout the process. Your lawyer will also manage the preparation of the necessary paperwork and file everything for you.
Understanding what led to the truck accident is one of the most important determinations that your lawyer can help you make. A variety of factors can be at play in this matter.
Any person operating a vehicle while under the influence of drugs or alcohol is a danger. Arguably, though, those driving large vehicles like commercial trucks pose the most significant danger.
Driving a commercial truck requires a commercial driver’s license. These licenses have a much stricter Blood Alcohol Concentration (BAC) limit. Unlike those holding standard licenses, the BAC limit for truck drivers is 0.04%.
Having just one drink can make a driver unsafe on the roads. Alcohol impairs coordination and reaction times, which makes drivers less likely to respond quickly enough to changes on the road.
One of the most common reasons vehicle accidents occur throughout the state and country is distracted driving. Anything that takes attention away from the road can lead to an accident.
Truck drivers often fiddle with the GPS, especially if they are constantly on new routes. They may even drink or eat in the truck to save time. All of this can draw their attention away from driving.
Despite the laws in place to ensure truck drivers take breaks and get the right amount of sleep, truckers often drive longer than they should. This puts them at risk of fatigue.
Being tired behind the wheel increases the chances of getting into an accident because the trucker may be distracted and unable to react quickly enough to new conditions on the road. In the most extreme cases, truckers can fall asleep at the wheel.
A trucker trusts their truck to function as it’s meant to. A vehicle as large and potent as a truck has to receive regular inspections to ensure it is safe to be on the road. If any part malfunctions, it can create serious issues for the driver, putting other people at risk.
Many trucking companies rely on third-party companies to load and unload cargo. If the people who perform this task don’t do so correctly, cargo can shift during transportation. This can cause the driver to lose control of the truck, making it easier for them to veer into other lanes or tip over during turns.
A truck’s size makes injuries more likely to occur if it collides with another vehicle. Although the injuries can vary in severity, it’s common for truck accidents to cause severe physical harm.
Traumatic brain injuries are among the most serious consequences of truck accidents. Even concussions can lead to cognitive issues and long-lasting problems.
You don’t have to suffer a head blow to experience a traumatic brain injury, either. The rapid acceleration and deceleration that colliding with a truck causes is enough to send your brain against your skull, causing damage.
Broken bones are also common in commercial truck accidents because of the force of the impact. You may not even notice that you have broken bones at first, especially right after the accident when your adrenaline is still pumping. This is one of the reasons you always want medical personnel to assess you right after a crash.
You will likely experience bruising as well. Most people ignore bruising, thinking it will heal on its own. That doesn’t always happen, though. In some instances, bruising can be a sign of something more serious, like internal bleeding. If you notice that the bruising worsens or doesn’t fade, reach out to your doctor immediately.
Amputation and disfigurement can also arise after a high-impact crash. These injuries seriously impact your life, potentially making certain tasks impossible. For that reason, getting compensation is crucial.
Spinal injuries are another serious type of injury. Even bruising to the spine may lead to mobility issues. In more severe cases, long-term paralysis is a very real worry.
One of the most common types of injuries is whiplash. Whiplash occurs when your head moves forward and backward very rapidly, and it can tear and damage the tissues in your neck. Although whiplash tends to be less severe than other injuries, it can still cause significant pain.
Truck accidents can be devastating, leading to injuries and property damage that leave you overwhelmed with medical and repair bills. Because these kinds of claims are not easy to prove, the best option is to turn to truck accident attorneys who are ready to guide you through the process.
At Torgenson Law, we offer over 20 years of experience helping people throughout Arizona. We know how stressful the entire process can be, which is why we work closely with you to make getting compensation as simple as possible. When you turn to us, you can leave all of the paperwork to our team.
Don’t wait to get the help you need after a truck accident. With experienced lawyers on your side, you can focus on healing. If you’ve been in a truck accident in Paradise Valley, contact Torgenson Law to speak with one of our experienced lawyers.
