Prescott Truck Accident Lawyers

From 2020 to 2024, Arizona saw a staggering 13,738 crashes involving large trucks, resulting in 573 fatalities and thousands of injuries. These aren’t just numbers — they represent real people and families whose lives have been upended in an instant. At Torgenson Law, we understand the profound impact a truck accident can have on your life.

When you’re involved in a truck accident, it’s not just about the damage to your vehicle or the pain of your injuries. It’s about the disruption to your daily life, the stress of medical bills, and the uncertainty of what comes next.

We know that dealing with a truck accident can feel overwhelming. At Torgenson Law, we take a client-centered approach to fighting for the maximum compensation you need to recover in the aftermath of a devastating commercial truck accident. Our team of Prescott truck accident lawyers is dedicated to standing by your side, offering support to guide you every step of the way through the legal process on the road to recovery.

What Are the Most Common Causes of Commercial Truck Accidents in Prescott?

Commercial truck accidents can have devastating consequences, and understanding their common causes is crucial for prevention and legal recourse. Several factors frequently contribute to these serious incidents:

Driver Error

One of the leading causes of truck accidents is driver error. According to the Federal Motor Carrier Safety Administration (FMCSA), driver-related factors play a significant role in truck accidents, including:

• Fatigue. Long hours on the road without adequate rest can lead to drowsy driving.
• Distraction. Using mobile phones, eating, or other distractions can divert attention from the road.
• Speeding. Driving at excessive speeds reduces the time available to react to sudden changes or obstacles.

Mechanical Failures

Trucks are complex machines that require regular maintenance. Mechanical failures often lead to accidents, with common issues identified by the National Highway Traffic Safety Administration (NHTSA) including:

• Brake failures. Faulty or worn-out brakes can make it impossible to stop in time.
• Tire blowouts. Poorly maintained or overloaded tires can blow out, causing loss of control.
• Engine problems. Malfunctions in the engine or other critical systems can lead to breakdowns and accidents.

Poor Weather Conditions

Prescott’s weather can be unpredictable, and poor weather conditions significantly increase the risk of truck accidents. The Arizona Department of Transportation (ADOT) highlights factors such as:

• Heavy rain. Causes slippery roads and reduced visibility.
• Fog. Limits drivers’ ability to see other vehicles and road hazards.
• High winds. Can make it difficult to control large trucks, especially when empty or lightly loaded.

Improper Loading

How cargo is loaded and secured can also impact the safety of commercial trucks. Improper loading practices include:

• Overloading. Exceeding weight limits can strain the vehicle’s systems and make it harder to control.
• Uneven distribution. Poorly balanced loads can cause the truck to tip over or handle unpredictably.
• Insecure loads. Cargo that is not properly secured can shift during transit, leading to accidents.

Road Conditions

The state of the roads can play a significant role in truck accidents. Common road-related issues are:

• Potholes and cracks. These can cause drivers to lose control or damage the vehicle.
• Construction zones. They often have narrow lanes, sudden stops, and other hazards.
• Poor signage. Inadequate or unclear road signs can lead to confusion and accidents.

Understanding these common causes helps in seeking legal recourse by identifying responsible parties and proving negligence. If you or a loved one has been affected, knowing these factors can aid in building a strong case for compensation.

What Are Common Injuries Caused by Commercial Truck Accidents in Prescott?

The sheer size and weight of commercial vehicles often lead to catastrophic accidents that can result in a range of severe injuries. Understanding these common injuries can help victims and their families recognize the importance of seeking immediate medical attention and legal support:

• Traumatic brain injuries (TBI). These are common in severe truck accidents and can result in long-term cognitive and physical impairments.
• Concussions. Even mild head impacts can lead to concussions, causing headaches, dizziness, and difficulty concentrating.
• Whiplash. Sudden jerks and jolts during a collision can lead to whiplash, causing pain and stiffness in the neck and shoulders.
• Paralysis. Severe spinal cord injuries can result in partial or complete paralysis, significantly altering the victim’s quality of life.
• Herniated discs. These injuries can cause chronic pain and limit mobility, requiring extensive medical treatment.
• Multiple fractures. The impact of a truck accident can lead to broken bones in various parts of the body, requiring surgery and prolonged healing.
• Organ damage. The force of a collision can cause damage to internal organs such as the liver, spleen, or kidneys, which may require emergency surgery.
• Internal bleeding. This can be life-threatening if not promptly diagnosed and treated.
• Deep cuts. Flying debris and shattered glass can cause deep lacerations that may result in significant blood loss and scarring.
• Burn injuries. Fires or explosions resulting from truck accidents can lead to severe burns, requiring extensive medical treatment and rehabilitation.

The Importance of Immediate Medical Attention

In the aftermath of a truck accident, it is crucial to seek immediate medical attention, even if injuries do not appear severe at first. Many injuries, especially internal ones, may not show symptoms right away but can become life-threatening if left untreated. Lastly, proper medical documentation is essential for any legal claims or insurance settlements.

What Proof Is Needed in a Commercial Truck Accident Claim?

Gathering and presenting evidence effectively is crucial to pursuing a just and fair claim. Like in other types of motor vehicle accidents, there are several things you’ll need to gather to present as proof for your claim, such as:

• Accident reports. These are essential for documenting the details of the accident, including the time, location, and parties involved.
• Medical records. These provide evidence of your injuries and the treatment required, which is crucial for determining the extent of your damages.
• Witness statements. Statements from witnesses can corroborate your version of events and provide additional perspectives on the accident.

That said, vicarious liability can make submitting your commercial truck accident claim a little more complicated. Many trucking companies have vicarious liability over their employees and drivers. This means that the company can be held responsible for the actions of their drivers while they are on the job.

This can complicate your case because you may need to prove not only the driver’s negligence but also that the trucking company failed in its duty of care, such as through inadequate training or poor maintenance of the vehicle. This makes the case more challenging for you as the victim but also opens avenues to hold the company accountable for broader systemic issues.

One of our Prescott truck accident lawyers at Torgenson Law can help you navigate these complexities. We can assist in gathering and preserving crucial evidence, such as obtaining detailed accident reports, securing comprehensive medical records, and collecting reliable witness statements.

How Is Fault Determined in a Commercial Truck Accident Case?

Determining fault in a commercial truck accident case involves a thorough investigation to identify all parties responsible for the accident. Multiple factors and entities can contribute to these accidents, making the process more complex than typical car accidents.

Who Can Be Held Responsible?

Several parties can be held responsible in a commercial truck accident, including:

• Truck driver. If the driver was negligent, such as driving under the influence, speeding, or being distracted.
• Trucking company. If the company failed to maintain the vehicle properly, inadequately trained the driver, or violated safety regulations.
• Cargo loaders. If improper loading or securing of cargo contributed to the accident.
• Vehicle manufacturers. If a defect in the truck or its parts caused the accident.

What Makes Determining Fault in Commercial Truck Accidents More Complicated?

Truck accidents are more complicated due to several factors:

• Vicarious liability. Trucking companies can be held liable for their drivers’ actions while on the job.
• Federal and state regulations. Compliance with various regulations can affect liability and the outcome of the case.
• Multiple parties. The involvement of different parties (driver, company, manufacturer) requires a detailed investigation.
• Severity of damages. The size and weight of commercial trucks often lead to more severe injuries and damages, increasing the stakes of the claim.

At Torgenson Law, we understand the complexities involved in commercial truck accident cases. Our team is well-equipped to conduct a thorough investigation, using accident reports, medical records, and witness statements from your accident to build a strong proof case.

How Can State and Federal Regulations Be Used to Prove Negligence?

We use state and federal regulations to establish compliance and, when applicable, to prove negligence. These regulations set clear standards for trucking companies and drivers. If they fail to meet these standards, it can be evidence that they did not fulfill their duty of care. Here’s how federal and state regulations can be used to prove negligence:

• Establishing a duty of care. Regulations outline the responsibilities and duties that trucking companies and drivers must follow, such as hours-of-service limits, vehicle maintenance, and safety protocols.
• Identifying breach of duty. If it can be demonstrated that a driver or company violated these regulations, this breach can be used as evidence that they failed to uphold their duty of care. For example, if a driver exceeded the allowed driving hours, it shows a breach of duty.
• Linking the breach to the accident. Proving that the breach of these regulations directly contributed to the accident is crucial. For instance, if a truck’s brakes failed due to improper maintenance, and this failure led to a collision, the breach of maintenance regulations is directly linked to the accident.

By leveraging these regulations, we can build a strong case to hold the responsible parties accountable.

What Kind of Compensation Can You Recover From a Commercial Truck Accident?

When you are involved in a commercial truck accident, the compensation you can recover is designed to address the significant financial burdens and more.

• Medical expenses. Compensation for medical expenses includes emergency room visits, hospital stays, surgeries, rehabilitation, and future medical costs related to your injuries.
• Lost wages. If your injuries prevent you from working, you can recover compensation for current lost wages and any future lost earnings if your ability to work is impacted long-term.
• Pain and suffering. You may be entitled to compensation for physical pain and emotional distress resulting from the accident. This includes conditions such as anxiety, depression, or PTSD.
• Loss of consortium. In some cases you can recover compensation for loss of enjoyment of life and relationships to address the impact on your relationship with your spouse or family.

Understanding the types of compensation available can help you recover the full amount you deserve. At Torgenson Law, we are dedicated to helping you navigate the legal process to secure fair compensation for your injuries and losses.

How Long Do You Have to File a Commercial Truck Accident Lawsuit?

In Arizona, the statute of limitations for filing a personal injury lawsuit is two years. This means you have two years to initiate legal action against the responsible parties. If you fail to file within this period, you may lose your right to seek compensation.

There are, however, some exceptions that could alter this timeframe:

• Discovery rule. In certain cases, the injury or its cause may not be immediately apparent. If you discover an injury later that can be linked to the accident, the statute of limitations may start from the date of discovery.
• Claims against government entities. If your claim involves a government entity, such as a municipal truck, different rules apply. You must file a notice of claim within 180 days of the accident and the lawsuit within one year.
• Minors and incapacitated individuals. If the injured party is a minor or legally incapacitated at the time of the accident, the statute of limitations may be extended.

It’s essential to file quickly to:

• Preserve evidence. Acting quickly ensures that crucial evidence, such as accident reports, witness statements, and medical records, is preserved before it is lost or becomes unreliable.
• Ensure witness availability. Witnesses’ memories can fade, and they may become harder to locate as time passes.
• Develop a strong legal strategy. Early consultation with a lawyer allows for a comprehensive legal strategy covering all aspects of your case.

At Torgenson Law, we understand the urgency and importance of timely action in commercial truck accident cases. Our experienced attorneys are here to guide you through the legal process so that all deadlines are met and your rights are protected.

Why Choose Torgensen Law?

Torgenson Law has represented Prescott community members in all types of personal injury accidents for over two decades. We work tirelessly on your behalf to establish liability in a commercial truck accident by identifying all responsible parties, including drivers, companies, and manufacturers.

Our team of experienced legal negotiators will deal with insurance companies on your behalf, fighting for the maximum compensation to cover your injuries and losses. If necessary, we are prepared to provide skilled representation in court, advocating for your best interests throughout the litigation process.

We operate on a “don’t pay if you don’t win” policy, ensuring you can pursue your claim without financial risk. If you or a loved one has been injured in a commercial truck accident in Prescott, Torgenson Law is here to help you understand your legal rights and options. We are dedicated to fighting for the compensation you deserve to cover medical bills, lost wages, and other damages.

Ready to get started? Contact us today for a free and confidential consultation, or call us at 602-726-0747. We’re ready to advocate for you.