CHANDLER PERSONAL INJURY LAWYER Truck Accidents

Injured In An Arizona Truck Accident?
What You Should Know

Learn what is involved in determining fault and suing for your Arizona truck injury compensation .

Commercial vehicles are responsible for approximately 4,000 deaths every year. When a truck driver fails to obey the traffic laws, drives distracted, or drives under the influence, drivers and passengers of cars or SUVs are much more likely to be injured than truck drivers.

What is a Truck?

A truck usually refers to commercial or public transportation, freight, or construction vehicles. According to the NHTSA, a big truck is defined as a truck with a gross vehicle weight rating greater than 10,000 pounds. On average, a commercial truck can weigh up to 40,000 pounds. A large truck is almost eight times heavier than a passenger vehicle.
The weight in a truck accident increases the force that a smaller vehicle would be crushed. The people inside the passenger vehicle, SUV, or pick-up truck would likely sustain severe injuries or fatalities.

Injuries that are commonly sustained in a truck accident

Here are frequently reported truck accident injuries:

• Brain Injuries, The impact of a truck crashing into a passenger vehicle can jar the brain and result in traumatic injury. A traumatic brain injury can cause nausea, blurry vision, ringing in the ears, loss of memory, or other cognitive issues. Most mild traumatic brain injuries heal within months, but about one-quarter are permanently brain injured and require lifetime care.
• Broken Bones
  A bone broken into several pieces is typical in a truck accident due to the collision force. A bone fracture or break can occur on any of the body’s limbs.
• Burns
  Burns commonly occur in a truck accident with a passenger vehicle because the truck has a more significant chance that the fuel tank can rupture and cause a car fire. Severe burns can cause scarring or permanent disfigurement.
• Seatbelts or Airbag Injuries
  Seatbelts are meant to protect the chest and the abdomen. However, they could cause broken ribs if the car’s occupants are tossed around inside or thrown from the vehicle. Airbags can deploy so quickly that they can cause head or hand trauma.
• Injuries to the Back, Neck, or Spinal Cord
  The impact on drivers or passengers in an accident with a truck can lead to severe neck, back, or spinal cord injury. Whiplash can result when the vertebrae in the neck are jerked forward and snapped back suddenly. If damage to the spinal cord occurs, it could cause numbness or paralysis. A neck or back injury can render an accident victim unable to perform essential daily functions or continue employment.
• Internal Injuries and Abdominal Injuries
  The force of a big truck hitting a smaller vehicle or the resist pull of the seat belt can cause internal injuries. The kidneys, spleen, liver, bladder, and pancreas are the most frequently affected organs.
• Lacerations and Cuts
  In a truck accident, flying objects, broken glass, or hitting a stationary car part can cause cuts and abrasions anywhere on the body. Cuts and lacerations can deep, so disfigurement or infection is a possibility.

How is fault determined in Arizona?

Determining fault in a truck accident isn’t a clear-cut case of who broke the law or who acted negligently. Both federal and state laws highly regulate trucking. The truck driver may have been negligent because they were doing something they shouldn’t have been doing, such as speeding, or not doing something they should have, such as taking a required rest break. To prove negligence, the plaintiff’s attorney must prove:
The defendant owed them a duty of care; and
The defendant breached their duty of care; and
The plaintiff suffered an injury; and
The defendant’s breach of care caused injury to the plaintiff.

A truck accident is not 100% the truck driver’s fault or the vehicle hit in most cases. Arizona follows the pure comparative fault theory . Under pure comparative fault theory, the total amount of damages a plaintiff can recover is reduced by a percentage representing the plaintiff's degree of fault. Suppose that Leroy was driving a tractor-trailer on the highway behind Robinson’s family SUV. Mr. Robinson begins to move into the lane next to him and then suddenly swerves back into the lane in front of the tractor-trailer, causing Leroy to hit the brakes and hit the Robinson’s SUV. The Robinson’s sue Leroy but the court determines that Mr. Robinson was 25% at fault for improper lane change and failure to signal. Leroy is 75% at fault for the accident.

Who do you sue for compensation for your injuries?

The circumstances of a truck accident vary in each instance, but you may be able to file a personal injury or wrongful death lawsuit against one or more of:

• The truck driver. Speeding, driving long hours and driving while distracted or fatigued can lead to severe accidents. When a truck driver’s negligence causes or contributes to a truck accident, the driver can be held financially liable.
• The trucking company. Trucking companies can be held responsible for irresponsible hiring practices, improper training, failure to maintain their trucks, and the negligent driving of their employees.
• The cargo company. The cargo company could be held responsible if they overloaded or improperly loaded the cargo onto the truck.
• The insurance company. Trucking companies are required to carry higher amounts of insurance than passenger vehicles. When a trucking company is sued for damages in a personal injury or wrongful death lawsuit following an accident, the insurance company pays.
• The manufacturer. A manufacturer of a defective part or a poorly designed vehicle can be held liable if the design or defect caused the crash.
• The truck or trailer rig owners. Some truck drivers are independent contractors. They own their truck or rig and lease their driving services to several different companies. The truck owner must maintain appropriate insurance and be held liable in an accident involving their vehicle or rig.

Statute of limitations on truck accident liability

In Arizona, you generally have two years to file a personal injury case against a truck driver or other parties connected to an accident. However, if you're suing a public entity or employee, you must file your lawsuit within one year and file a notice of claim within 180 days.
There may also be limits on how long a part or vehicle manufacturer can be held responsible for its products. Typically, you can’t file a complaint against a manufacturer who made a vehicle or associated component 12 or more years before the crash.

Trucking lawsuits are not the same as car accident lawsuits. A trucking lawsuit requires expertise in personal injury law and significant experience dealing with truck owners, trucking companies, insurance companies, and vehicle or vehicle parts manufacturers. If you have suffered an injury in a truck accident, contact an experienced Arizona Truck Accident Attorney. Make sure you have the best representation to get the compensation you deserve.