The immense size and weight of large semi-trailer trucks give them the potential to cause catastrophic damage when an accident occurs. If you experience a truck accident through no fault of your own, it goes without saying that you deserve compensation for any injuries or property damage you incur.
This begs the question, though, of who is liable in a truck accident. At Sargon Law Group, our Phoenix truck accident attorneys proudly help injured motorists from across Maricopa County in cities including Glendale and Mesa with navigating the complexities of severe truck accidents in Arizona.
What Factors Determine Who Is Liable in a Truck Accident in Arizona?
Many types of motor vehicle accidents are relatively simple, with one party bearing fault due to their negligence. Truck accidents are relatively complicated, with many factors possibly contributing to the likelihood of a collision. While the truck driver might be liable for any negligence on their own part, it is important to consider that the trucking company might bear some or all of the blame instead.
When Is the Driver Liable for a Truck Accident?
When the truck driver who was actually operating the vehicle at the time of the accident violates their duty of care toward you, then they are guilty of negligence and are liable for your damages. A truck driver is at fault for an accident if they:
- Disobey traffic laws
- Knowingly drive while fatigued or exhausted
- Operate while impaired or intoxicated
- Drive while distracted
- Violate their company’s hours of service requirements
While these actions are clearly the fault of the individual driver, determining who is liable in a truck accident requires looking at the employer as well. A truck driver’s negligent actions could be a reflection of the trucking company’s poor training or management practices.
When Is the Trucking Company Liable for a Truck Accident?
The trucking company may share the liability for an accident if it comes to light that their hiring, training or management practices contributed to the possibility of a crash. Additionally, the trucking company and its partners are directly responsible for manufacturing, maintaining and loading the vehicles. If a truck accident happens due to mechanical failure or an overloaded trailer, the company may bear the majority of the blame.
What Types of Evidence Prove Liability in a Truck Accident?
Keeping in mind the complexity of most truck accidents and the fact that multiple parties might share the blame, careful examination of evidence is more important than ever when it comes to deciding who is liable in a truck accident. Important pieces of evidence that can establish liability include:
- Photographs of the crash scene and damage
- Video footage from surveillance cameras, traffic cameras or dashcams
- Truck driver logs
- GPS data
- Truck inspection and maintenance records
Your truck accident lawyer at Sargon Law Group can handle the legwork of gathering these crucial pieces of evidence to strengthen your case, as well as questioning any witnesses and contacting law enforcement officials to obtain the police report for your accident.
What Is the Role of the Insurance Company in Determining Fault?
The National Safety Council reports the involvement of 117,300 large trucks in injury crashes in 2021. This figure not only shows the danger that truck accidents pose to the average motorist but also how much they cost insurance companies. Insurance adjusters will investigate the cause of an accident after you file a claim and arrive at their own assessment of who is liable.
It is in the best interest of insurance companies to deny their clients’ liability and help them evade blame whenever possible. They will use evidence from their own investigations to support their case. That is one reason why it is so important to have an attorney on your side when determining who is liable in a truck accident. Your legal team can level the playing field when negotiating matters of fault and settlements with the insurance company.
What Are My Options After a Truck Accident Injury?
After working with your legal team to determine who is liable for your accident, you have the option of seeking compensation from each party that bears fault. The nature and severity of your injuries will directly impact the damages you can recover in a settlement. Being aware of the types of injuries associated with trucking accidents will help you decide what options are worth pursuing.
Some of the most common injuries in truck accidents include:
- Head trauma and traumatic brain injuries
- Back and neck injuries
- Broken bones
- Spinal injuries
- Lacerations
If you sustained these or any other injuries in your trucking accident, you are likely also incurring significant medical expenses, lost wages and certain noneconomic damages, including emotional suffering that are completely valid.
Your first option for recovering compensation for these damages is to negotiate a settlement with the insurance company. If insurance providers deny your claim or offer you a lowball settlement, you can pursue the option of suing the party who is liable in the truck accident. Taking the matter to court ensures that the at-fault party must pay out a court-mandated settlement if the judge rules in your favor.
How Can an Attorney Help My Truck Accident Claim?
Navigating an accident claim would be challenging at the best of times, but it is all the more daunting when you need to prioritize resting and recovering from significant injuries. There is also the additional hurdle of investigating who is liable in a truck accident. Relying on a personal injury attorney means having the support of a trustworthy professional who will carry all the legal burdens for you during this difficult time.
The team at Sargon Law Group can help your truck accident claim by:
- Investigating the primary cause of your accident
- Reviewing evidence to pin down all parties that may be liable
- Completing and submitting paperwork on your behalf
- Negotiating with the insurance company and other lawyers
- Representing you in court if necessary
The guidance of a personal injury attorney also ensures that you will meet all the requirements for your claim on time. There is a statute of limitations of two years for all personal injury claims in Arizona, including those related to large truck accidents, so it is important to involve an attorney sooner rather than later.
Legal Aid for Determining Who Is Liable in a Truck Accident
If multiple parties are at fault for your accident, it can seem impossible to get the full amount of compensation you need to get back on your feet. We at Sargon Law Group understand what it takes to determine who is liable in a truck accident in Arizona. Contact us today to schedule a consultation for your personal injury claim.