Commercial trucks are crucial to the supply chains of the United States but are also some of the most inherently dangerous vehicles on the road due to their size. When a truck accident occurs, the resulting damages are likely to be far beyond what you could expect in the aftermath of a standard passenger vehicle accident.
However, just like after any other accident, proving fault will be essential to your recovery efforts following a truck accident in Arizona. Arizona’s fault rule requires that an injured driver proves fault for their accident, and the at-fault driver will be responsible for all associated damages.
Common Causes of Truck Accidents in Arizona
It is possible for a truck accident to happen due to many of the most commonly reported causes of other vehicle accidents throughout the state. Distracted driving, moving violations, speeding, and driving under the influence (DUI) of alcohol or drugs are all commonly cited causes of truck accidents throughout Arizona.
An experienced attorney will help you gather the evidence you may need to prove exactly how the accident happened, and in doing so, you will reveal liability for the accident. It is possible for your accident to have happened solely due to the fault of the truck driver in question. In this case, the truck driver faces liability for all resulting damages. However, it is possible for vicarious liability to apply in this case.
The term “vicarious liability” defines any situation in which one party is responsible for the actions of another party, most commonly referring to an employer bearing fault for the actions of their employee. The driver of the truck that hit you may be directly responsible, but it is possible for their employer to bear vicarious liability if they mishandled the employee’s training, vetting, or certification in any way.
Multiple Liable Parties in a Truck Accident Case
It is also possible for a third party in another vehicle to have caused your truck accident or for the accident to have happened due to the actions of multiple parties. Arizona is a pure comparative fault state, so when multiple parties bear fault for civil damages, each party will have a fault percentage assigned that reflects their level of liability. This percentage dictates how much of the resulting damages they are responsible for repaying.
In the event a plaintiff in a civil suit is determined to be partially at fault, the percentage they are at fault is taken out of their compensation as a penalty. For example, if two defendants bear 40% fault each and the plaintiff bears 20% fault, the plaintiff loses 20% of the total compensation claimed from the defendants, and the defendants will each bear responsibility for half of the remainder. In a $100,000 claim, this means the plaintiff loses $20,000, and each defendant is liable for $40,000.
Ultimately, it is possible for any truck accident in Arizona to raise complex questions of liability, and you will need an experienced attorney’s help to accurately establish fault for your damages. The attorneys at Luis P. Guerra, LLC, have years of experience resolving truck accident claims and other personal injury cases for clients throughout Arizona, and we can leverage this experience on your behalf in your recovery efforts.
FAQs:
Q: Is Arizona a Fault-Based State?
A: Yes, Arizona follows the fault rule when it comes to resolving vehicle accidents. This means that the party at fault for causing the accident in question absorbs liability for the resulting damages. An accident victim must identify the party responsible for causing their damages before they will be able to recover any compensation for those damages, and all Arizona drivers are required to carry liability coverage with their auto insurance.
Q: How Do You Prove Fault for a Truck Accident?
A: Liability for any commercial truck accident could potentially fall to one or more parties. Your attorney can help you gather various forms of evidence that you may need to build your case, such as traffic camera recordings, cell phone records, witness testimony, and physical evidence from the scene of the crash. Fault may rest with a truck driver and/or their employer or a third party in another vehicle that caused the truck to crash into your vehicle.
Q: How Long Will It Take to Resolve an Auto Insurance Claim?
A: The time your insurance claim could take to complete largely depends on the complexity of the claim and whether the insurance company processes it in good faith. Your attorney can help you file the claim, and they can also resolve any disputes the insurance carrier raises against the claim. Ultimately, having legal counsel on your side reduces the chance of encountering any bad faith treatment and will streamline your receipt of a settlement offer.
Q: When Can I File a Personal Injury Claim for a Truck Accident in Arizona?
A: If you cannot recover the full scope of your damages from a truck accident through auto insurance, you will need to file a personal injury claim against whoever caused the accident. There is a two-year statute of limitations for personal injury claims in Arizona, and this time limit starts on the date your accident happened. You have a shorter time in which to file an auto insurance claim, so it’s vital to reach out to an attorney as soon as possible after your accident.
Q: How Much Does It Cost to Hire a Personal Injury Attorney in Arizona?
A: Most of the personal injury attorneys representing clients throughout Arizona operate on a contingency fee basis. With this type of billing policy, the client only pays their attorney a fee if and when the attorney wins their case. Additionally, their contingency fee will be a percentage of the total recovered from the defendant. There is no risk of paying more in legal fees than you win in compensation with this type of billing policy.
Contact Luis P. Guerra, LLC
The attorneys at Luis P. Guerra, LLC have years of professional experience helping our clients throughout Arizona with all types of personal injury claims, including those pertaining to truck accidents. If you believe you have grounds for legal recourse after a truck accident in Arizona, we can help. Contact us today to schedule a free consultation with our team.
