How to File an Arizona Trucking Accident Lawsuit
Posted on behalf of Phillips Law Group on Oct 21, 2009 in Auto Accidents
Large trucks have always been prevalent on Arizona's highways and city streets, as the trucking industry remains one of the backbones of the American economy. While most truck drivers have gone through thorough training and many have years of experience in navigating these enormous vehicles through all sorts of conditions, the fact is that accidents still happen. When trucking accidents do occur, they often leave a wake of destruction given that these rigs can weigh up to 80,000 pounds. Those who have been injured in a truck accident need to contact an Phoenix personal injury accident lawyer, for as you'll see below, these claims can be complicated.
The first aspect of the Arizona trucking accident issue that needs to be examined is the statistical data. There are approximately 2,500 non-fatal trucking accidents in Arizona on an annual basis, and more than 100 such accidents prove to be fatal for at least one party involved. In addition, almost half of the trucking accidents that take place in the state every year involve trucking companies whose base of operations is not in Arizona. This tends to create confusion for those who need help from an Arizona trucking accident lawyer.
In terms of how to file an Arizona trucking accident lawsuit, there are a few initial questions that need to be answered before someone who has been injured can proceed without fear of a mistake that could delay the process. The first question involves the nature of the truck driver. Some truck drivers are employees of trucking companies, others are independent contractors and still others are operating as an individual business entity. This presents questions regarding the naming of the proper defendants on a legal claim.
Secondly, if the driver is associated with a company that does not operate in Arizona in terms of its base headquarters, it presents jurisdictional questions in certain situations. While such questions usually lead to an answer that provides Arizona with proper jurisdiction given that the driver was operating here and caused an accident within Arizona's borders, one still needs to be sure to meet all of the jurisdictional requirements before a claim can properly be advanced against those responsible.
Finally, issues of discovery can also be complicated, and such evidence as driving records, logs and other information could be critical in terms of proving negligence that led to the accident that caused the injury. Discovery is the process whereby evidence is exchanged between the parties that allows each side to build its case properly, and it can be a highly technical process that requires the help of a professional with specific experience to make sure that no evidence goes overlooked.
Ultimately, filing a lawsuit for a trucking accident in Arizona can be extremely complicated for someone with no legal background, it is not difficult for an experienced Arizona trucking accident lawyer. If you or someone you love has been harmed in such an incident, contact Phillips Law Group today to schedule a free initial consultation.