1. Naming the Proper Defendant
More than 100 trucking accidents occur in Arizona every year that lead to at least one fatality, and there are hundreds of other trucking accidents that cause serious injuries. The first step towards holding a truck driver responsible for these damages accountable is deciding which party or parties should be named as defendants. In certain situations, the truck driver alone would be the proper defendant, while in other cases, both the truck driver and the trucking company could be potential defendants. In many situations, it's most advisable to name both the truck driver and the trucking company on the complaint.
2. Jurisdiction
Generally speaking, if a trucking accident occurs in Arizona, then proper jurisdiction exists within the state. However, there are situations in which claims could or even should be pursued in federal court. While these cases tend to be rare statistically, a mistake in venue could be costly for the mistaken plaintiff in several ways. These mistakes can lead to incurring the time and expense of refiling a claim or potentially missing the statute of limitations that exists in which a plaintiff could file a trucking accident case.
3. Discovery
After a legal action is filed, the process of discovery begins. Discovery is basically the period within a lawsuit in which the parties attempt to locate and exchange information that could be used as evidence. When it comes to trucking accidents, there are several pieces of information that must be obtained, including the driver's logs, the details of the cargo and how it was loaded and other items that could be critical to your case. Working through discovery requires knowledge and experience both of the law and of strategic considerations.
The three considerations above are far from an exhaustive list, but they should serve as three basic examples of why you should secure the help of an Arizona trucking accident attorney if you or someone you love has been harmed in such an accident. Contact Phillips Law Group today to schedule a free initial consultation.
