In a collision between a large commercial truck and a passenger car, the occupants of the smaller vehicle are at a higher risk of injury or death compared to the truck driver. Seeking compensation for losses from a big rig crash is significantly more complex than cases involving passenger vehicles due to the federal regulations overseeing the trucking industry. As such, it is beneficial to work with a skilled Phoenix trucking accident attorney who can protect your rights and interests.
Mistakes to Avoid After a Big Rig Crash
Understanding the necessary steps following a tractor-trailer collision is essential to protecting your right to compensation. Here are common mistakes to avoid following a truck accident in Phoenix:
- Delayed Medical Treatment: Not seeking medical care right away may affect a bodily injury claim you need to file. The same can be said about gaps in treatment. By seeking immediate medical attention, you will have medical records to support your case.
- Not Gathering Evidence: Collect evidence, including photos or videos of road hazards, skid marks, property damage, and visible injuries if possible. Securing evidence before it is lost or destroyed is key to a truck accident case.
- Recorded Statement: Any words in a recorded statement from the insurance company may be used against you. Politely decline if a recorded statement is requested and avoid discussing the incident or injuries until you have retained legal counsel.
- Accepting a Settlement: Do not agree to a settlement offer without consulting with an experienced attorney first. The offer may seem convincing, but it may be less than what is needed to cover medical bills, wage loss, and more.
Difference Between Commercial Truck Accidents and Car Crashes
Personal injury and wrongful death cases arising from big rig crashes differ from accidents involving passenger vehicles in that:
- The sheer size of commercial trucks compared to passenger vehicles makes it more likely for the occupants of the smaller cars to suffer catastrophic injuries or death in an 18-wheeler collision
- Interstate trucking is governed by complex local, state, and federal regulations
- There are often multiple defendants in big rig crash cases
Who is Liable for a Big Rig Crash in Arizona?
You will need an experienced truck accident attorney in Phoenix to manage your case. At our personal injury law firm, we will identify and prove who was at fault for the big rig crash and should be held liable, which may include one or more of the following parties:
- Truck Driver: The truck driver or motorists of other vehicles involved in the tractor-trailer crash may be held liable. In most cases, the trucker is often negligent in some way and causes or contributes to the collision. This may include speeding, driving while impaired, and more.
- Trucking Company: The trucking company that employs the truck driver may be held liable for the actions of their employee. Trucking companies may also be responsible for their own negligence, such as pressuring a driver to exceed hours of service (HOS) and hiring an unqualified driver.
- Truck Manufacturer: If a part in the truck caused or contributed to a big rig crash, such as a faulty tire or defective brake system, the truck manufacturer may be held responsible for the resulting losses through a product liability claim.
- Government Entity: The government agency responsible for the public roadway may be held liable if lack of maintenance or poor road design caused or contributed to an 18-wheeler crash. Please note that the two-year statute of limitations is shortened to 180 days in cases against public entities.
Selecting an attorney with a track record of success in tractor-trailer collision cases is crucial. Our Phoenix trucking accident attorneys have the experience and resources necessary to take on trucking companies and their insurers. Call or message us online to schedule a free consultation.
How is Negligence Proven in an 18-Wheeler Collision?
Establishing negligence in a truck accident case requires 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 Can a Spoliation Letter Help in an 18-Wheeler Collision Case?
Evidence, such as big rig maintenance records, may be challenging to obtain without legal counsel. An experienced Phoenix truck accident lawyer can send what is known as a spoliation letter, or a letter of preservation of evidence, to the opposing party to ensure that evidence is maintained in its original form following the incident. The purpose of the letter is to put the defendant on notice that sanctions may be imposed if the requested evidence is tampered with, altered, or destroyed.
Why is it Helpful to Hire a Lawyer for a Commercial Truck Accident Case?
If you have been injured or lost someone you love in an 18-wheeler collision, retaining legal counsel is important. Our experienced Phoenix trucking accident attorneys are dedicated to helping our clients secure maximum compensation. Our legal team understands the complexities of Arizona personal injury law and will work diligently to obtain successful case results our clients deserves. Here is how our law firm can help you with your Phoenix truck accident case:
- Free Case Evaluation: We offer free consultations, allowing potential clients to discuss their commercial truck accident case with us at no cost or obligation.
- Case Updates: Our legal team keeps clients informed through regular communication as case updates occur.
- Client Advocate: We advocate for our clients, striving to achieve the best possible outcomes and secure justice on their behalf.
- Contingent Fee Basis: Our law firm operates on contingency, ensuring our clients can retain legal counsel without upfront costs, and only requiring payment if we successfully resolve their case.
Schedule Your Free Consultation with Our Phoenix Trucking Accident Attorneys
After a big rig crash, you need an experienced Phoenix truck accident attorney. Schedule a free consultation to discuss your case at (602) 777-3300. Our legal team is here to assist you in navigating the aftermath of a big rig crash, offering compassionate support to ensure your rights are protected, and working tirelessly to secure the maximum financial recovery you deserve.