Phoenix Truck Accident Lawyers

When a commercial truck collides with a passenger vehicle, those in the smaller car can face a much higher risk of severe injury or death than the truck driver. Seeking compensation for damages in a trucking accident case is far more complex than standard passenger vehicle collision claims due to the strict federal regulations governing the trucking industry. Given these challenges, retaining legal counsel is important to ensuring your rights are protected.

Work with an experienced Phoenix truck accident attorney who has your best interests at heart and will secure the maximum compensation you deserve.

Impact of Insurance Costs on Trucking Safety

The trucking industry often claims that rising insurance costs affect its bottom line, but recent data from the American Transportation Research Institute suggests otherwise. In 2020, truck insurance premiums saw one of the largest percentage decreases in operational costs. Instead of blaming insurance rates, trucking companies should focus on improving safety practices, as the number of truck-related injuries and fatalities continues to rise.

Insurance premiums can serve as a powerful incentive for trucking companies to incentivize safety. Similar to the auto insurance industry, truck insurance rates are determined by factors such as a company’s federal motor carrier safety scores, driver records, and loss history. Safer hiring practices and stricter safety practices can lead to lower premiums, both benefiting companies and the safety of the public.

Complexity of Motor Vehicle Accident Cases Involving Large Commercial Trucks

Commercial truck accident cases are far more complex than standard passenger vehicle accident claims due to the extensive regulations governing truckers and trucking companies. Successfully handling a case involving an 18-wheeler or other commercial vehicle requires in-depth knowledge of Federal Motor Carrier Safety Administration (FMCSA) regulations, as well as a significant investment of time and resources.

Unlike typical passenger vehicle wreck claims, commercial truck accident cases involve complex legal and technical challenges. The damages in these cases are often severe, and multiple federal and state laws come into play, making the investigation and litigation process much more difficult to navigate. A thorough examination of evidence, including vehicle maintenance records, driver logs, and potential FMCSA violations, is important to building a strong case for full compensation.

Without the right legal experience and resources, even a minor oversight – such as missing a crucial piece of evidence or a regulatory violation – may drastically reduce the value of a bodily injury or wrongful death claim for a big rig crash case. However, an experienced Phoenix truck accident lawyer with a proven track record of success understands how to identify negligence, violations, and product defects that may impact liability.

Trucking Companies’ Responsibility for Driver Training and Supervision

Trucking companies have a legal obligation to properly hire, train, and oversee their drivers to ensure the safe operation of large commercial trucks. These massive vehicles share the road with passenger vehicles, motorcycle riders, pedestrians, and cyclists. When trucking companies fail to uphold safety standards, this may lead to catastrophic 18-wheeler crashes that result in devastating injuries or fatalities.  

Employers must conduct thorough background checks, provide comprehensive training on FMCSA regulations, and continuously monitor their drivers’ performance. Proper supervision includes addressing any signs of negligent driving, ensuring routine vehicle maintenance, and enforcing hours-of-service rules. When a trucking company fails to meet these responsibilities, they may be held accountable for big rig crashes caused by unqualified or improperly trained drivers.

Mechanical Failures and Big Rig Crashes: Liability Beyond the Truck Driver

In many commercial truck accident cases, liability for the incident may often lie with the trucker. However, the cause of a big rig crash is not always clear as making an unsafe lane change, running a red light, or speeding. In some cases, the negligence that leads to a catastrophic collision may occur before the truck even reaches the road. Mechanical failures due to insufficient maintenance, lack of repairs, or poor inspection are common contributors to tractor-trailer collisions.

Federal regulations mandate that motor carriers regularly inspect, maintain, and repair their vehicles to ensure they are always in safe operating condition. If a trucking company fails to uphold these standards, they may be held liable for any resulting damages. An in-depth investigation into an accident must go beyond the truck driver and their employer. It is important to examine the parties responsible for truck maintenance, including service providers and third-party mechanics.

Identifying all potential parties is key to securing justice and compensation and holding negligent entities accountable for preventable crashes. Trucking companies and their insurers will stop at nothing to dispute or deny claims, making it important to have an experienced Phoenix truck accident attorney on your side. A skilled attorney will gather key evidence, negotiate with insurance carriers, and seek full compensation, ensuring that negligent parties are held accountable.

Holding Trucking Companies Accountable for Negligence

An injured party or surviving family member of an individual killed in an 18-wheeler collision may have grounds for a claim. A thorough investigation may uncover violations such as failure to comply with HOS regulations, ignored maintenance issues, or falsified driver logs. By holding trucking companies liable, plaintiffs can seek the compensation they deserve while also pushing for improved industry safety standards to help prevent catastrophic tractor-trailer crashes in the future.

How is Negligence Proven in a Phoenix Truck Accident Case?

Proving negligence in an 18-wheeler collision case requires clear and compelling evidence, including:

• Medical records
• Cell phone records
• Employment records
• Traffic incident reports
• Expert witness testimony
• Video surveillance footage
• Truck maintenance records
• Hours of service (HOS) logs
• Statements from eyewitnesses
• Photos and videos of the big rig crash scene
• Data from the truck’s black box or event data recorder

How a Spoliation Letter Can Strengthen a Personal Injury or Wrongful Death Case for a Tractor-Trailer Collision

Securing important evidence, such as maintenance records for a commercial truck, can be challenging without legal counsel. A knowledgeable trucking accident attorney in Phoenix can send a spoliation letter, also known as a preservation of evidence letter, to ensure key evidence remains intact after a crash. This formal request notifies the opposing party that any tampering, alteration, or destruction of the evidence may result in sanctions.

Recoverable Damages for Individuals Injured in Commercial Truck Accidents

In a truck accident case, an injured party may be entitled to recover economic and non-economic damages. Economic damages include past and future costs of medical treatment associated with the big rig crash, lost wages, and diminished earning potential if accident-related injuries prevent their ability to work. Non-economic damages may also be recovered, including loss of enjoyment of life, pain and suffering, and loss of consortium for affected spouses.

In cases of extreme negligence, punitive damages may be awarded to serve as a punishment for the negligent party and deter similar actions in the future. Since trucking companies and their insurers often dispute claims to minimize payouts, working with an experienced truck accident lawyer in Phoenix is important for protecting your rights and ensuring you receive the maximum compensation you deserve for your injuries and losses.

Seeking Justice in a Wrongful Death Case for a Big Rig Crash

The loss of a loved one in an 18-wheeler collision is a devastating experience that often leaves families facing financial and emotional hardships. When a fatal big rig crash is caused by a negligent truck driver, trucking company, or another liable party, survivors may have grounds for a wrongful death claim. Compensation may include funeral and burial costs, loss of financial support, medical bills incurred before death, and loss of companionship, care, and affection.

Bringing a wrongful death claim for a fatal big rig crash not only seeks justice for a loved one but also serves as a powerful way to hold negligent parties accountable, helping to prevent similar tragedies from occurring to other families. An experienced trucking accident attorney in Phoenix can help survivors navigate this complex legal process and seek the justice and maximum compensation they deserve.

Statute of Limitations for Trucking Accident Claims in Arizona

In Arizona, the statute of limitations for filing a case for a truck accident is generally two years from the date of the incident. Failing to file within this period may result in the loss of the right to seek damages from the negligent party, as the court may dismiss the case due to the failure to protect the statute. It is important to act quickly and consult with an experienced Phoenix trucking accident attorney to ensure your case is filed within the appropriate deadline.

Contact a Phoenix Truck Accident Lawyer to Discuss Your Case

At Southwest Injury Law, our legal team has handled many big rig crash cases and has the experience, knowledge, and resources to secure the maximum compensation our clients deserve. Contact our Phoenix truck accident attorneys today to protect your rights and seek the justice you deserve. Book a free consultation at (602) 777-3300. We proudly serve clients in the Phoenix metropolitan area and throughout Maricopa County.