Phoenix Truck Accident Attorney
Truck accidents are more dangerous and fatal for the occupants of passenger vehicles as trucks are heavier, taller, and their drivers are generally operating their vehicles for much longer than other drivers. A truck accident can cause severe, permanent injuries and leave victims with significant medical expenses and negatively impact their ability to earn income and support their families.
If you or a loved one were injured in a collision with a commercial truck, you may be entitled to compensation to cover all costs and damages associated with the accident. At The Entrekin Law Firm, our Phoenix truck accident attorneys have significant experience helping those injured in collisions with commercial vehicles and can help you recover the financial resources you’ll need to move forward. Call today for a free and confidential case evaluation.
Phoenix Truck Accident Resources
To access resources at any point on this page, click the links below.
Arizona Truck Accident Statistics
Common Injuries in Trucking Collisions
What Makes Truck Crashes More Dangerous Than Car Accidents?
Common Causes of Truck Accidents
Who Can Be Held Liable for a Trucking Accident?
Comparative Negligence in an Arizona Truck Accident Case
How Do You Know What the Truck Driver Was Doing Before They Hit You?
Types of Compensation Potentially Available in a Truck Accident Case
How Much is Your Case Worth?
Benefits of Hiring a Lawyer
How Much Does a Phoenix Truck Accident Attorney Charge?
Steps to Follow After a Truck Crash
Your Phoenix Truck Accident Lawyer Negotiates on Your Behalf
Get Legal Help Today
Arizona Truck Accident Statistics
According to the Arizona Department of Transportation, there were 105 people killed in truck accidents in 2021. Additionally, there were almost 45,000 truck accidents (including pickup trucks) and about 1,000 of those were alcohol-related. The statistics don’t lie: sharing the road with large trucks is dangerous. If you’ve been involved in a truck accident, you need an experienced personal injury lawyer on your side who can help you get the compensation you deserve.
Common Injuries in Trucking Collisions
While any motor vehicle collision can be devastating, those involving large, commercial trucks are almost always catastrophic. Occupants of passenger vehicles typically bear the brunt of the injuries. Commonly, this can include:
- Traumatic brain injuries
- Severe spinal cord injuries
- Crushing or amputation injuries
- Injury to internal organs
- Broken or fractured bones
- Burn injuries
- and, in the most serious cases, wrongful death
In any of these situations, the impact of the injury is significant for victims. Even when victims escape with relatively minor or moderate injury, medical expenses and other financial impacts can quickly add up to tens of thousands of dollars.
What Makes Truck Crashes More Dangerous Than Car Accidents?
A truck crash is not just a bigger version of a car accident. The differences between these two types of accidents are significant, and they help explain why truck accidents often result in more serious injuries than car accidents.
Weight and Size
Trucks weigh 20-30 times more than passenger cars, and they are often much longer and taller as well. This weight and size advantage gives trucks a tremendous amount of kinetic energy, which can cause catastrophic damage in the event of a crash.
Additionally, because of their size, trucks have large blind spots—areas around the vehicle where the driver cannot see other cars—so truck drivers must be especially careful to check for other vehicles before changing lanes or making turns.
Speed and Stopping Distance
Another difference between trucks and cars is that trucks take much longer to stop than cars do. That’s because it takes more time for the truck’s brakes to slow down its momentum, and because a truck’s wheels may lock up if the driver slams on the brakes too hard. As a result, trucks need a greater following distance than cars do, yet many truck drivers tailgate other vehicles or fail to leave enough space when changing lanes. When combined with speeding or aggressive driving, this can create a dangerous situation for everyone on the road.
Tire Blowouts
Because of their size and weight, trucks place tremendous stress on their tires, which increases the likelihood of tire blowouts. A tire blowout can cause a truck to lose control and jackknife or tip over onto its side. These types of accidents are often very serious because they can cause many vehicles to collide and block multiple lanes of traffic.
Common Causes of Truck Accidents
Most severe truck accidents are the result of negligence. Negligence in truck accident cases can be described as a failure to act in a manner that keeps other motorists safe. This failure can be on the part of the truck driver, the company that owns or operates the truck, a manufacturer, another motorist, or even a governmental entity.
Most commonly, the truck driver or company that employed them will be found responsible for the accident. Examples include:
- Drowsy or distracted driving
- Distracted driving
- Drunk or intoxicated driving
- Equipment or vehicle malfunctions
- Improperly secured loads
- Drivers exceeding FMCSA hours limits (this often happens when companies push drivers to meet unrealistic deadlines)
- Inadequate training
- Inadequate maintenance
- Negligent hiring of drivers or maintenance persons
With large, commercial trucks, drowsy driving is especially dangerous. The National Highway Transportation Safety Administration notes that drowsy driving is fatal, and led to the death of 697 persons on the roads of the United States in 2019 alone. Drowsy driving is when a driver makes the decision to get behind the wheel without adequate rest. When it comes to truck drivers, their employers are required to provide the drivers with sufficient time off between shifts to rest. When this does not happen and accidents occur, the employer will be liable for any damages that result.
Distracted driving is engaging in any activity while driving that leads to mental, visual, or manual impairment, and in 2019 alone caused over 3,100 fatal accidents on the roads of the United States, in addition to 424,000 accidents involving injuries.
Common examples of distracted driving that will make a truck driver liable for the accident they cause include:
- Texting while driving
- Using a cell phone or smartphone while driving
- Eating while driving
- Using an in-dash display or GPS system while driving
All drunk and intoxicated driving accidents are preventable, as the driver made the decision to get behind the wheel of their truck while they were impaired by alcohol or illegal drugs. Under Arizona DUI law, a driver with a commercial driving license like a truck driver is considered to be legally impaired when they have a blood alcohol content of .04 or higher. If the driver is found to be impaired by drugs or alcohol at any amount, they have violated the law and will be liable for any damages that result from accidents they caused.
Who Can Be Held Liable for a Trucking Accident?
There are many parties that could potentially be held liable for a trucking accident. The party that will ultimately be found liable will depend on the specific circumstances of each individual case. Potential parties that could be responsible include the following:
The Truck Driver
In many cases, the truck driver will be held liable for the accident. This is because the driver is responsible for operating the vehicle in a safe manner. If the driver was speeding, distracted, or otherwise negligent, they may be held responsible for any resulting accidents.
The Trucking Company
The trucking company may also be held liable for an accident. The company is responsible for hiring safe drivers and ensuring that their vehicles are properly maintained. If the company was aware of unsafe conditions but did not take steps to correct them, they may be held liable if an accident occurs.
The Manufacturer
In some cases, the manufacturer of the truck or its components may be held liable for an accident. This is most likely to occur if there was a defect in the design or manufacture of the truck that led to the accident. For example, if a defective tire caused a blowout that led to an accident, the manufacturer of the tire may be held liable.
The Maintenance Contractor
If the truck was not properly maintained, the contractor who was responsible for maintenance may be held liable for any resulting accidents. This is most likely to occur if there was a mechanical failure that led to the accident. For example, if a brake failure led to an accident, the maintenance contractor who failed to properly maintain the brakes may be held liable.
The Company That Loaded The Truck
If the load on the truck is not properly secured, it can shift during transportation and cause an accident. In this case, the company that loaded the truck would be held liable for any resulting accidents.
Comparative Negligence in an Arizona Truck Accident Case
In a pure comparative negligence state like Arizona, an injured person can still recover damages even if they are partly at fault for the accident. However, their award will be reduced by their percentage of fault.
For example, if an injured person is awarded $100,000 in damages but is deemed to be 20% at fault for the accident, their award will be reduced by $20,000 and they will only receive $80,000. In Arizona, you can recover damages even if you were 99% at fault.
How Do You Know What the Truck Driver Was Doing Before They Hit You?
In order to collect compensation for the damages associated with your truck accident, you’ll need to prove that the driver was at fault. It is impossible for you to know what the truck driver was doing in the moments before they hit you, as you were paying attention to the road and driving safely. It is not likely that you were capable of peering into the truck’s cabin high above your car, and you may have been too excited, or injured, after the accident to speak with the truck driver to determine their sobriety.
The way that you determine when a truck driver is at fault is by collecting evidence. This might include any police reports that were generated at the scene of the accident, which may include sobriety assessment of the driver. Other evidence in trucking cases includes driver logs, maintenance records, black box data, cell phone logs, and more.
Your local Phoenix truck accident lawyer from The Entrekin Law Firm will use legal instruments like requests for production, depositions, and even subpoenas to court if necessary to collect the evidence you need to prove your case. One of the key benefits of having an attorney working on your truck accident case is their knowledge of how to gather evidence, alongside their ability to negotiate with the insurance company.
Types of Compensation Potentially Available in a Truck Accident Case
If you or a loved one has been involved in a truck accident, you may be confused about the different types of compensation that may be available to you. The following are the most common types of damages that can be recovered:
Medical Expenses
One of the most common types of compensation sought in a truck accident case is for medical expenses. This can include current and future medical bills, as well as any necessary rehabilitative care.
Lost Wages and Lost Earning Capacity
If you have been forced to miss work due to your injuries, you may be able to recover lost wages. Additionally, if you are unable to work in the same position or for as many hours as you were before the accident, you can recover compensation you’re missing out on due to working part-time or working at a lower paying job.
Pain and Suffering
Many people who are involved in truck accidents also suffer from pain and suffering as a result of their injuries. This type of compensation is meant to compensate the victim for the physical and emotional anguish that they have endured.
Loss of Consortium
When a spouse or family member is killed in a truck accident, the surviving family members may suffer from what is known as “loss of consortium.” This type of compensation is meant to compensate the family members for the loss of their loved one’s companionship, love, and affection.
Punitive Damages
In some cases, punitive damages may also be available. Punitive damages are designed to punish the truck driver or trucking company responsible for the accident and are only available in cases where the defendant’s actions were particularly egregious.
How Much is Your Case Worth?
After a truck accident, you may be wondering how much your case is worth. The answer depends on a variety of factors, including the following:
Severity of Injuries: The severity of your injuries is one of the most important factors that will affect the value of your case. If you have suffered serious injuries that require hospitalization or long-term treatment, your case will be worth more than if you only suffered minor injuries that required a few days or weeks of treatment. The amount of lost wages and future earnings will also be taken into account.
Property Damage: The amount of property damage is another important factor. If your vehicle was totaled in the accident, your case will be worth more than if there was only minor damage to your vehicle. In addition, if you had to pay for any out-of-pocket expenses related to the accident, such as towing or rental car fees, those expenses will also be included in the calculations.
Fault: Whether you were partially at fault for the accident will also affect the value of your case. If you were completely at fault, then you will likely not receive any. However, if you were only partially at fault, then you may still be entitled to some compensation. Your lawyer can help determine how much fault you may be assigned and how that will affect the value of your case.
Benefits of Hiring a Lawyer
In most cases, you should hire a Phoenix personal injury lawyer if you’ve been involved in a truck accident and experienced injuries and/or property damage. The following are some of the specific ways a lawyer can help you:
A lawyer can help you navigate the legal system
If you’ve never been in an accident before, the legal process can be confusing and overwhelming. A lawyer will be able to guide you through each step of the process and ensure that all the necessary paperwork is filed correctly.
A lawyer can help you get fair compensation for your injuries
If you’ve been injured in a truck accident, it’s important to get compensated for your medical bills, lost wages, and pain and suffering. An experienced personal injury lawyer will know how to negotiate with insurance companies to get you the best possible settlement.
A lawyer can take care of everything for you so that you can focus on healing
After an accident, the last thing you want to deal with is insurance companies and filling out paperwork. When you hire a lawyer, they’ll handle all of that for you so that you can focus on what’s most important – your recovery.
How Much Does a Phoenix Truck Accident Attorney Charge?
The most common type of fee arrangement is known as a contingency fee agreement. Under this type of agreement, the lawyer agrees to take a percentage of the settlement or verdict as their fee, and only collects payment if they win. The typical range for contingency fees is between 33% and 40%. This means you don’t owe anything unless your case is successful.
There are several advantages to using a contingency fee arrangement. First, it allows people who could not otherwise afford an attorney to have access to legal representation. Additionally, it gives the attorney an incentive to obtain the highest possible settlement or verdict, as their fee will be based on the amount of money recovered.
In some circumstances, you may be responsible for some fees even if you don’t win your case, such as costs that were incurred during the litigation process, like filing fees and expert witness fees. Always speak with your lawyer about this before you sign a fee agreement.
Steps to Follow After a Truck Crash
Being involved in a truck crash can be a traumatic experience. If you or someone you love has been involved in a trucking accident, it is important to know what steps to take to protect your rights and get the compensation you deserve. Here are four steps to follow after a truck crash:
Seek Medical Attention
If you have been involved in a trucking accident, the first thing you should do is seek medical attention, even if you feel fine. This ensures your health, and helps any future claims. By seeing a doctor or going to the emergency room immediately after the accident, you will have a record of your injuries should you need to file a personal injury claim later on.
Gather Evidence
If you are able, try to gather evidence at the scene of the accident, such as photographs of the damage to your vehicle, witness contact information, and the truck driver’s insurance information. This evidence will be crucial in building your case later on.
Keep Track of Your Expenses
Keep track of all expenses related to the accident, such as medical bills, auto repairs, lost wages from missed work, and any other out-of-pocket costs. This documentation will be important when filing an insurance claim or personal injury lawsuit.
Contact a Truck Accident Attorney
Finally, contact an experienced truck accident attorney who can help you navigate the legal process and fight for the compensation you deserve. Your attorney will be able to investigate the cause of the accident and hold the negligent parties responsible.
Your Phoenix Truck Accident Lawyer Negotiates on Your Behalf
With a Phoenix truck accident lawyer on your case, you can rest assured that you will recover the full amount of compensation that you are entitled to. Your attorney earns a portion of what they generate for you, so the more you make, the more they make. The insurance company is motivated to do just the opposite and will deny whichever claims they can and pay as little as possible on those claims that they must approve. Your Phoenix personal injury lawyer helps to even the playing field and removes the stress of your claim out of your day-to-day life.
Connect with a Phoenix Truck Accident Lawyer to Explore Options
The sooner you have an attorney on your case, the sooner you can step back and let them handle the entire process. The trucking company and its insurers will have investigators on the scene almost immediately. You need an advocate to conduct their own investigation, preserve evidence and protect your best interests. Your attorney will handle everything from the gathering of evidence, the drafting and negotiating of your claim, and the collecting of the full amount of compensation that you are entitled to.
While you might worry that you cannot afford a truck or car accident attorney in Phoenix, that is not the case. Your initial case assessment is risk-free and cost-free, and you’ll never pay anything out of pocket. That is because we take personal injury cases involving truck accidents on contingency, which means we only get paid if we win your case. Our payment comes out of a portion of the earnings that we generate for you, that we’ll agree upon before getting started.
To discuss options on your truck accident injury with the experienced attorneys from The Entrekin Law Firm, schedule a consultation or give us a call at your convenience. We are ready to review your case and discuss options on how we can help.