Prescott Truck Accident Attorney
Collisions with commercial trucks can sometimes have life-changing consequences. Victims can not only suffer physically, they can also suffer financially and emotionally. Speaking with a licensed truck accident attorney could be a vital step in the recovery process.
The trusted legal team at Phillips Law Group may be able to help recover compensation for these damages. We have been protecting the rights of personal injury victims for nearly three decades. Our firm has obtained over $750 million in compensation on behalf of our clients, including a $4 million settlement for a driver who became paralyzed in a collision, $3,100,000 for the family of a driver who was fatally injured in a crash and $2,350,000 for a driver who suffered a broken neck.
Contact our Prescott truck accident attorneys today for a free consultation. There are no upfront fees and you will not be charged unless we win fair compensation for your case. Call today and ask any questions you may have about your truck accident.
How Do I Know if I Am Eligible for Compensation?
Since no two accidents are alike, there are many important factors that need to be examined to determine if you may have a valid case. Most truck accident cases require the four elements of negligence to be present at the time of the accident:
- Duty of care – The at-fault driver owed you a duty to act in a reasonable way to prevent you from getting injured.
- Breached duty of care – The at-fault driver breached his or her duty of care by not acting the way a reasonable person would have in a similar situation.
- Causation – Your injuries were a direct result of the at-fault driver’s breach of duty of care and would not have happened otherwise.
- Verifiable damages – The breach of duty created damages such as medical bills, lost wages, pain and suffering, vehicle damage, etc. Evidence must be provided to prove these damages.
The knowledgeable attorneys at Phillips Law Group know how to build a case for negligence against a truck driver or other parties that could potentially be liable for an accident.
Contact a Prescott truck accident lawyer at Phillips Law Group today and find out if you may have a valid case.
Damages That May be Available for Truck Accident Victims
Truck accident victims may suffer a variety of damages because of their injuries. The financial effects of a truck accident injury could include:
Medical treatment for a truck accident injury can quickly become very expensive. Victims may have bills for transportation to the hospital in an ambulance, stays at the hospital, appointments with doctors, medical tests, prescription medications for pain and other medical issues and assistive equipment to aid with mobility.
Victims with permanent disabilities or long-term injuries may need physical therapy to regain mobility or function in affected parts of the body.
When truck crash victims cannot work, they may lose income, which can make it much harder to pay bills, including medical bills. Victims could see a permanent effect on their future income if they suffer a permanent disability that prevents them from going back to the job they did before the accident or working in the same field as before.
Damage to Property
The damage to the victim’s car could be catastrophic, given the significant difference between the size of the truck the victim’s vehicle. Victims may also be eligible to pursue compensation for damage to other personal property.
You may also be eligible to pursue compensation for the emotional and physical effects of your injuries, including the pain you experience during treatment and recovery. This may include permanent disabilities and disfigurement.
Victims may also be able to seek compensation for the emotional trauma they have suffered and are suffering because of the accident. Examples of emotional trauma could include fear and anxiety.
The value of each truck accident claim depends on many factors, including the injuries suffered and how long they may last.
Call a Prescott truck accident attorney to discuss your claim in a free consultation. Phone: 1-800-706-3000
Who May Be Held Liable for My Damages?
The driver of the truck is often the one at fault. Examples of driver error that could cause a truck crash include failing to obey traffic laws, driving under the influence of drugs or alcohol, or driving while distracted or drowsy.
Truck drivers are often paid by the load, tempting them to work extra hours to meet deadlines. That often results in drowsy driving – lack of sleep can slow reaction time and make an accident more likely.
Other parties that could be at fault for a truck accident include:
- Owner of the truck –The owner of the truck is responsible for ensuring the vehicle is safe to drive. Failing to inspect and repair problems is a common example of truck owner negligence.
- Trucking company – The company that hired the driver is responsible for properly training him or her and ensuring he or she has the proper qualifications. Trucking companies may hold liability for an accident if they pushed a driver to work longer hours in violation of federal regulations or for failing to perform proper maintenance on the vehicle.
- Maintenance company – Repair and maintenance of the truck may have been outsourced to a third party.
- Manufacturers – They may be held liable if a defective or poorly-designed part caused the accident. For example, if a truck had new tires installed and there was a blowout, the manufacturer could be held liable.
- Cargo-loading companies – Sometimes third parties are hired to load cargo onto a truck. If the trucks are not properly loaded and balanced, it could lead to a serious accident.
You may be able to pursue compensation from one or more of these parties, depending on the details of your case. Our team of legal professionals has many years of experience dealing with complex personal injury cases.
Our attorneys are here to assist you. Call for answers to your legal questions.
How Much Time Do I Have to File a Claim?
Arizona’s statute of limitations states that accident victims generally have two years from the date the injury was discovered to file a damage claim. If you fail to file a claim before those two years are up, you could lose your right to do so.
However, there are certain situations where this time period could be extended or shortened. For example, if your claim is against a government entity, you have only 180 days from the date of the accident to file a notice of claim. If the victim is a minor at the time the injury occurred, he or she will have two years from his or her 18th birthday to file a claim.
The details of your claim will ultimately determine the amount of time you have to file.
Insurance Coverage for Commercial Vehicles
Commercial trucks are covered by various types of insurance, as mandated by state and federal law. Trucks carrying cargo within Arizona must have the following minimum amounts of coverage:
- $300,000 if hauling household goods
- $750,000 if hauling general cargo
- $1,000,000 if hauling oil
- $500,000 if hauling hazardous cargo
Trucks that haul cargo across state lines must have minimum amounts of coverage as set by the Federal Motor Carrier Safety Administration (FMCSA):
- $750,000 of liability insurance for non-hazardous cargo if the truck has a gross weight of at least 10,001 pounds
- $300,000 for non-hazardous cargo in vehicles under 10,001 pounds
- $1,000,000 if hauling oil
- $5,000,000 if hauling hazardous material
Trucking Industry Safety Regulations
The state of Arizona and the FMCSA have numerous regulations on the safe operation of commercial trucks. Our Prescott truck accident attorneys are prepared to review your situation to determine if any of these regulations may have been violated and contributed to your accident.
Hours of Service Regulations
The FMCSA sets limits on the number of hours a driver is allowed to operate a commercial truck:
- Truck drivers are not allowed to drive more than 60 or 70 hours after working seven or eight days in a row.
- Truck drivers are not allowed to drive more than 11 hours after being off duty for 10 consecutive hours.
- Truck drivers are not allowed to drive more than 14 hours after coming on duty and being off duty for 10 consecutive hours.
Legal Load Limits for Trucks
In Arizona, the overall width of a vehicle cannot exceed eight feet and six inches. The overall length cannot exceed 65 feet and the standard height of a truck cannot exceed 14 feet on interstates and 13 feet six inches on secondary roads. Any trucks over these limits require a permit.
The legal weight of a commercial truck is determined by the number of axles it has. In Arizona, a truck with five or more axles can have a maximum gross weight of 80,000 pounds. A tandem axle truck with at least two rear axles cannot exceed 34,000 pounds and a single axle truck has a limit of 20,000 pounds.
Drug and Alcohol Testing
Drug and alcohol testing of drivers is done many times before and during their employment:
- During the hiring process
- Random annual screenings
- When there is reasonable suspicion of being under the influence
- After a serious accident
- When a driver comes back to work after previously testing positive
The experienced attorneys at Phillips Law Group have extensive knowledge of trucking industry regulations and how they may apply after an accident.
Call Phillips Law Group anytime at 1-800-706-3000.
What to Do After Experiencing a Truck Accident
There are several steps you can take after a truck accident to help protect your potential claim, including:
- Calling 9-1-1 – The first thing you should do after a truck accident is call 9-1-1 and report the accident and any injuries to the police. Wait for the police to arrive so they can investigate and create a report on the accident.
- Taking pictures – If it is safe to do so, try to take pictures of the scene from different angles before police arrive. Take pictures of your injuries, damage to the vehicles involved, identifying information on the truck, skid marks, other property damage or anything else you think may be relevant.
- Exchanging information – Exchange insurance and contact information with all drivers who were involved.
- Gathering witness information – Ask witnesses what they saw and write down what they say or record the conversation with their permission. Ask for contact information so your attorney can contact them in the future.
- Seeking medical attention – Immediately seeking medical attention after your truck accident is extremely important, even if you are not in a lot of pain. It can take several hours or even days for some injuries to take effect. Going to the doctor right away helps to link your injuries to the accident.
- Contacting a lawyer – If you hire Phillips Law Group, our lawyers and experienced legal team are prepared to thoroughly investigate the crash, gather evidence, interview witnesses, speak to insurance companies and handle the other aspects of the legal process. We know how to protect claims from insurance companies looking to avoid paying fair compensation to accident victims.
We offer a free review of your case and there are no upfront fees. There is no obligation to hire our firm if we find you have a case.
Phillips Law Group Ph: 1-800-706-3000.
Common Causes for Truck Accidents
Driver error is one of the most common reasons for truck accidents. According to The Large Truck Crash Causation Study, the four most common driver-related reasons for accidents are:
- Non-performance – This means the driver fell asleep at the wheel, had a heart attack or seizure, or was physically impaired.
- Recognition – This means the driver was distracted by something inside or outside the vehicle or failed to observe the situation for some other reason. Common distractions could include texting, using a GPS device, playing with the radio or eating.
- Decision – This refers to poor judgment, such as failing to check blind spots, speeding or tailgating.
- Performance – The driver was negligent in operating the truck. For example, he or she may have failed to steer properly, panicked or overcompensated. This could be due to a lack of proper training.
Our Prescott truck accident lawyers are prepared to take on many types of cases involving different commercial vehicles, including tractor trailers, 18-wheelers, semi-trucks, flatbed trucks, cargo trucks and more.
Discuss Your Claim with a Prescott Truck Accident Lawyer Today
Phillips Law Group has been protecting the rights of the injured for over 27 years. We are prepared to investigate your claim and help build a strong case to pursue the maximum compensation.
Our founding partner, Jeffrey Phillips, has obtained verdicts in several Arizona counties including Yavapai, Maricopa, Mohave, Navajo, Gila, Pima and Pinal. He is also a Top 10 member of the Trucking Trial Lawyers Association, which is an invite-only organization consisting of the leading attorneys for each state serving truck accident victims and their families.
Call us anytime 24/7 for a 100 percent free case review at no risk and no obligation to you. You pay nothing upfront and we do not get paid unless we win fair compensation for your case.