Unraveling Arizona Truck Accident

Who is at Fault? Unraveling Arizona Truck Accident Cases

In an accident involving two standard cars, one or both drivers are often at fault. However, in an Arizona trucking accident, multiple parties can be liable. This often makes determining who is at fault in a truck accident complex. Yet, you need to identify all the liable parties and prove negligence to get compensation.

Gathering evidence and proving negligence in a case involving multiple defendants can be challenging. But, a skilled Arizona trucking accident attorney can help you.

Understanding Truck Accidents

Some commercial trucks can weigh up to 100,000 pounds. They can also be more than 75 feet long. The huge size and weight of these vehicles make truck accidents one of the most dangerous on Arizona roads. A truck collision involving a standard vehicle often leaves the occupants of the other vehicle with severe injuries.

Truck accidents also tend to lead to worse property damage than other car accidents. Due to the dangerous nature of these accidents, federal and state laws hold truck drivers to a higher standard of care. The industry regulator also requires truck drivers to undergo extra training and hold a special license.

Who May Be at Fault for an Arizona Truck Accident?

There can be various parties at fault for truck accidents, including the truck driver, trucking company, and third parties like vehicle manufacturers. Understanding how every party can be at fault is critical when gathering evidence and proving negligence.

  1. Truck Driver

A truck driver could be at fault for a truck accident due to negligence. Negligent driving may include over-speeding, distracted driving, and driving under the influence. Driver error may also be due to violations of federal and state trucking regulations, including operating beyond set hourly limits.

A truck driver is also likely to cause an accident due to fatigued driving. The industry regulators, including the Federal Motor Carrier Safety Administration (FMCSA), require drivers to adhere to several regulations to combat fatigued driving. The regulation require a truck driver to:

  • Take a 30-minute break after driving for eight hours straight;
  • Only drive 11 hours of any 14 hours and take 10 hours to break after reaching the 11-hour limit;
  • Operate a commercial truck no more than 60 hours in 7 days;
  • Drive not more than 70 hours in 8 days and take a 34-hour break after hitting the limit before starting their next work.

Where driver error is the cause of a truck accident, the driver is liable for damages. However, you need to prove negligence to get compensation. Proving a driver’s negligence may require you to get the driver logs to determine adherence to rest breaks and related regulations.

You may also need to take pictures of the accident scene and obtain witness evidence to prove negligence.

  1. Trucking company

The trucking company or the driver’s employer may be vicariously liable for a driver’s negligent actions. This is often the case if the accident occurred when the driver was carrying out job obligations. For instance, a driver may unintentionally cause an accident due to job-related demands, including a requirement for fast delivery.

Besides pressuring drivers to meet unrealistic deadlines, other practices can make a trucking company liable for a truck accident. The practices include negligent hiring practices like employing drivers without adequate training or proper licensing. Some employers also encourage or allow drivers to disregard industry regulations like driving hourly limits.

The trucking company may also be at fault for failing to complete inspections and maintain its trucks. These practices or omissions make truck driving dangerous and prone to accidents regardless of the driver’s intentions. While proving a trucking company’s negligence can be difficult, a skilled Arizona truck accident lawyer can help you collect the necessary evidence.

  • Third parties

Besides truck drivers and trucking companies, third parties like vehicle manufacturers and cargo loaders may be at fault for a truck accident. Manufacturing defects or defective parts may cause mechanical malfunctions like brake failure or tire blowouts leading to truck accidents. The truck manufacturer or vehicle parts retailers may be at fault for such accidents.

Other third parties that may be at fault for trucking accidents include cargo loaders, especially when an accident is due to improperly loaded cargo. For instance, unsecured loads can fall off a truck and injure other road users or destroy property.

Why You Need a Truck Accident Attorney

Unlike standard car crashes, truck accidents often involve multiple defendants. Identifying all the at-fault parties and proving negligence can be complex. The accidents also involve navigating legal concepts like vicarious liability and comparative negligence. The process requires careful and thorough investigations, including getting driver logs and maintenance and inspection records.

A skilled and experienced Arizona truck accident lawyer will help you collect the necessary evidence. The legal complexities can also complicate negotiations with insurance companies. A lawyer will negotiate on your behalf, protect your rights, and ensure you get fair compensation.

Contact a Tucson Trucking Accident Attorney

Despite the dangerous aspect of truck accidents, they often have a complex claim process, especially proving the negligence of multiple defendants. But, a skilled and experienced Arizona truck accident lawyer can help you navigate the complex process and get fair compensation.

If you are a victim of an Arizona trucking accident, contact Mr. Barry Bellovin of The Bellovin Law Firm. He will help you collect all the necessary evidence, prove the defendants liable, and get the compensation you need and deserve. Contact him for a free consultation and to learn more about his services.

 

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