Tucson Trucking Accident Claims
Commercial trucks, including 18-wheelers and big rigs, play an important role in transporting goods across Arizona and all over the country. With many trucks using Arizona roads daily, there has been an increase in trucking accidents in Tucson and surrounding areas.
Arizona law entitles trucking accident victims to compensation. However, trucking accident claims can be complicated, including determining liability. With trucking accidents often resulting in fatalities, severe injuries, and substantial financial losses, it is crucial to understand the legal process involved in trucking accident claims.
A skilled and experienced Tucson trucking accident attorney can help you understand the legal process, navigate truck accident claims complexities, and protect your rights.
Common Causes of Tucson Trucking Accidents
Trucking accidents differ from other road accidents, including causes and types of accidents. Understanding how trucking accidents occur helps determine who is liable for the accident. Some of the most common causes of trucking accidents in Tucson include:
- Driver Fatigue
Truck drivers often drive over long distances, for long hours, and without sleep. This leaves them fatigued and inattentive on the road. Fatigued drivers endanger other road users as they risk causing serious trucking accidents.
Who is Liable? Multiple parties can be liable for trucking accidents due to fatigued driving, including the truck driver and their employer. The driver may be liable for disregarding federal and state regulations on sleep or driving hours limits.
The employer may be liable for allowing or encouraging the driver to disregard the regulations. They may also be liable for placing unnecessary demands on the driver, including fast delivery requirements that leave the driver overworked and fatigued.
- Driver Error
Driver errors including negligent and reckless driving are the leading causes of trucking accidents in Arizona. Driver errors often include driving under the influence, distracted driving, over-speeding, and careless overtaking.
Who is Liable? Where a trucking accident is due to driver error, the truck driver is liable. However, the trucking company or the driver’s employer can also be vicariously liable for negligent hiring practices like employing a driver without proper licensing.
- Improper Maintenance
With trucks covering long distances and carrying heavy loads, they are likely to experience frequent mechanical breakdowns and malfunctions. Thus, federal and state regulations require regular inspection and maintenance for commercial trucks. Improper maintenance and defective parts can lead to malfunctions like brake failure and tire blowouts resulting in serious trucking accidents.
Who is Liable? The trucking company or an independent truck owner may be liable for trucking accidents due to improper maintenance as they are responsible for inspection and maintenance. In some instances, the truck manufacturer may be liable for such accidents if they are due to defective parts.
- Overloaded and Improperly Loaded Trucks
Cargo issues, including overloading and improper loading, can cause trucking accidents. Overloaded or unbalanced cargo can make it hard for the driver to control the truck causing an accident. Unsecured loads can also fall off a truck endangering other road users.
Who is Liable? The trucking company or an independent loading company may be liable for accidents due to overloading or improper loading.
- Other Causes.
Trucking accidents can also be due to other causes, including bad weather and poor or hazardous road conditions. In some instances, government bodies responsible for road maintenance may be liable for damages in truck accidents due to hazardous road conditions.
Legal Framework for Trucking Accident Claims
The Federal Motor Carrier Safety Administration (FMCSA) requires truck drivers to undergo extra training and carry a specialized driving license. Other federal and state regulations also require drivers to adhere to set sleep requirements and driving hour limits.
The law holds truck drivers to a higher standard of care. Proving non-adherence to these regulations is crucial in Tucson trucking accident claims. Other important legal concepts include the statute of limitations and the doctrine of comparative negligence.
What to Do After a Tucson Trucking Accident
Some of the steps you need to take after a trucking accident include:
- Seek immediate medical attention. Call for an ambulance or request someone to do it for you if unable to do it yourself.
- Call the police. Don’t leave the accident scene without filling an accident report with the police unless it’s for emergency treatment.
- If possible, gather relevant evidence, including taking pictures of the scene. You can also get the contact information of witnesses.
- Report the accident to your insurance provider. Do not negotiate with the other party or their insurer before contacting a trucking accident lawyer.
- Contact a skilled Arizona truck accident attorney
Building a Strong Claim
You need to conduct thorough investigations and gather relevant evidence to strengthen your trucking accident claim. The critical evidence includes medical records, accident reports, photos of the scene, and witness statements.
However, you may need additional evidence to recover maximum compensation for damages. You need to obtain inspection and maintenance records, driver logs, and other records that determine adherence to the trucking industry requirements.
Building a strong claim may also require having the services of an expert witness, including accident reconstruction experts and medical professionals.
Thorough investigations are crucial when dealing with disputes over liability in a trucking accident. The evidence helps determine who is liable for damages.
Compensation in Trucking Accident Claims
Some of the damages you can recover in a trucking accident claim include medical expenses, lost wages, pain and suffering, and property damage. However, some factors influence the value of your claim, including the severity of your injuries and the impact on future earnings or employability.
How a Tucson Trucking Accident Lawyer Can Help
A skilled and experienced trucking accident attorney will help you build a strong trucking accident claim. The attorney helps evaluate the merits of your case and offers guidance on maximizing compensation. The lawyer will also help you navigate the legal complexities, including comparative negligence and statutes of limitations.
A skilled Tucson trucking accident lawyer will also help you conduct investigations and prove liability. They will work with experts to gather relevant evidence for a strong trucking accident claim.
The trucking accident lawyer will assist in negotiations with insurance companies. An experienced attorney is aware of the tactics that some insurance companies can use to minimize payouts and will know how to deal with such situations.
Contact a Tucson Trucking Accident Lawyer
Trucking accident injury claims often involve complex legal concepts and disputes over liability. With the truck accidents leaving most victims with severe and life-changing injuries and significant financial losses, the complex claim process can be overwhelming for victims. However, a knowledgeable and experienced trucking accident attorney can help you navigate the complexities and build a strong claim.
If you or a loved one is a victim of a Tucson trucking accident, talk to Mr. Barry Bellovin of The Bellovin Law Firm. He is a skilled trucking accident lawyer and will protect your rights and help you recover maximum compensation for your trucking accident injuries. Contact him today to schedule a free consultation and learn more about his services.
