When it comes to staying safe on the roads, accidents involving large trucks can lead to serious consequences. If you or someone you care about has been in a truck or tractor-trailer accident in Tucson, Arizona, it’s crucial to reach out to a skilled Tucson Truck Accident Lawyer. These cases are complicated, and having an experienced lawyer who knows all the details can make a big difference. Our personal injury law firm will work hard to protect your rights and guide you through this challenging situation.
How Truck Accidents Are Different from Car Accidents
Truck accidents present distinct challenges compared to car accidents due to their sheer size and weight. One common cause of truck accidents is trucks spanning from 53 to 75 feet in length. These trucks can weigh up to 80,000 pounds.
Federal Highway investigators have identified rollovers as some of the most dangerous types of truck accidents. 71% of deaths resulting from semi-truck accidents in 2020 were occupants of the other passenger vehicles involved.
The aftermath of truck accidents often involves catastrophic injuries or wrongful death due to the substantial force involved. Moreover, the extended stopping distance required by large trucks can contribute to the severity of collisions. It’s essential to recognize that these cases demand careful attention. Our Tucson Truck Accident Lawyers have experience in truck accidents and can guide you through the legal process.
Steps to Take After a Truck Accident
Taking the right steps after a truck accident is crucial to safeguarding your health, legal rights, and ability to seek compensation. Here’s what you need to do:
- Ensure Safety and Seek Medical Attention: Prioritize your safety and call for emergency medical assistance. Even if your injuries seem minor, get checked by a medical professional, as internal injuries or concussions may not show immediate symptoms.
- Contact Law Enforcement: Report the accident to the police and ensure a detailed report is filed. A police report serves as a critical piece of evidence when determining fault and filing a claim.
- Document the Scene: If it’s safe, take photos of the vehicles, road conditions, skid marks, and any visible injuries. Capture details that could support your case, such as damaged cargo or improper truck signage.
- Gather Information: Exchange contact and insurance details with the truck driver. Collect information about the trucking company, as they may share liability for the accident. Speak with witnesses and note their contact information and statements.
- Avoid Admitting Fault or Giving Recorded Statements: Refrain from admitting any responsibility or providing recorded statements to insurance adjusters. Anything you say could be used to diminish your claim.
- Consult a Truck Accident Lawyer: Seek legal advice from a lawyer experienced in truck accident cases. They can guide you through Arizona’s fault-based system, protect your rights, and handle communications with insurance companies.
- File a Claim Promptly: Arizona law sets a two-year statute of limitations for personal injury claims. Acting quickly ensures you preserve your right to seek compensation for medical expenses, lost income, and pain and suffering.
Taking these steps not only protects your immediate well-being but also strengthens your position for obtaining fair compensation.
Common Causes of Truck Accidents in Tucson
Truck accidents in Tucson are a pressing concern, given the city’s role as a transportation hub with busy highways like Interstate 10 and State Route 77. These accidents often result from a variety of preventable factors, each of which highlights the importance of safe driving practices and thorough vehicle maintenance. Below are some of the most common causes contributing to truck accidents in Tucson:
- Driver Fatigue: Many truckers exceed safe driving limits to meet tight delivery deadlines, increasing the risk of accidents.
- Improperly Secured Cargo: Cargo that shifts or falls due to poor securing practices can lead to dangerous situations, particularly on sharp curves or uneven roads like State Route 77.
- Congested Highways: Busy routes such as Interstate 10 see frequent accidents due to heavy traffic and sudden lane changes.
- Reckless Driving by Passenger Vehicles: Speeding, tailgating, or unsafe lane changes near trucks can create hazardous interactions, especially in densely trafficked areas like downtown Tucson.
- Mechanical Failures: Poor vehicle maintenance, including brake or tire failures, often contributes to serious crashes.
Truck accidents caused by these factors frequently lead to severe injuries or even fatalities, especially for those in smaller passenger vehicles. Victims often face physical, emotional, and financial burdens that require significant recovery time and resources. Recognizing the unique challenges posed by truck accidents is critical to addressing these issues effectively.
Common Injuries in Tucson Truck Accidents
- Traumatic Brain Injuries (TBIs): The immense impact force during a collision often leads to life-altering brain injuries.
- Spinal Cord Injuries: Rear-end crashes or rollovers can cause partial or complete paralysis, severely affecting victims’ mobility.
- Broken Bones and Internal Injuries: Passenger vehicles are vulnerable to severe structural damage in truck collisions, resulting in fractures and organ trauma.
- Burns and Lacerations: Accidents involving fuel spills or fires can leave victims with disfiguring injuries and scars.
- Psychological Injuries: Conditions like post-traumatic stress disorder (PTSD) are common, particularly when the accident involves fatalities or catastrophic injuries.
- Hidden Injuries: Conditions like internal bleeding or concussions may not show symptoms immediately but require urgent medical evaluation.
Truck Accident Laws in Arizona
Truck accident cases in Arizona operate under a fault-based system, meaning the party responsible for causing the accident is liable for damages. Arizona law applies a modified comparative negligence rule, which allows victims to recover compensation as long as they are less than 50% at fault. However, any compensation awarded is reduced by the victim’s percentage of fault. For example, if you are found 20% responsible for the accident, your compensation is reduced by that same percentage. Additionally, Arizona enforces a two-year statute of limitations for personal injury claims under A.R.S. § 12-542. Victims must file within this timeframe, or they risk losing the right to pursue compensation.
Commercial trucking companies must comply with both federal regulations and Arizona-specific laws, including minimum insurance coverage that exceeds standard vehicle requirements.
Important Federal Trucking Regulations
Truck accidents have severe outcomes, highlighting the importance of comprehending federal regulations that oversee the trucking companies and industry. These regulations play a vital role in ensuring the safety of both truck drivers and other road users. Our experienced Tucson Truck Accident Lawyers are well-versed in these regulations and their implications for your case.
Some of the key federal regulations established by the Federal Motor Carrier Safety Administration (FMCSA) include:
- Part 382 – Controlled Substances and Alcohol Use and Testing. This regulation enforces strict standards for drug and alcohol testing of commercial vehicle drivers to prevent impaired driving.
- Part 383 – Commercial Driver’s License Standards. This section outlines the requirements and penalties associated with obtaining and maintaining a commercial driver’s license (CDL).
- Part 384 – State Compliance with Commercial Driver’s License Program. It establishes guidelines for states to comply with the CDL program, ensuring consistent standards across the nation.
- Part 387 – Minimum Levels of Financial Responsibility. Motor carriers must maintain a certain level of insurance coverage. This ensures they can cover the costs of potential accidents.
- Part 390 – General: This part covers general regulations, including definitions, responsibilities, and requirements for both motor carriers and drivers.
- Part 391 – Credentials of Drivers and LCV Driver Instructors. It sets forth the credentials, training, and responsibilities of truck drivers and instructors.
- Part 392 – Driving of Motor Vehicles. This section defines rules for safe driving practices, including speed limits, use of seat belts, and other critical aspects.
- Part 393 – Parts and Accessories for Safe Operation. Guidelines for the proper maintenance and use of essential vehicle components to ensure safe operation.
- Part 395 – Hours of Service of Drivers. This regulation governs the number of hours a truck driver can operate repeatedly to prevent driver fatigue and enhance safety.
- Part 396 – Inspection, Repair, and Maintenance. It outlines requirements for regular vehicle inspection, repair, and maintenance to keep trucks in safe working condition.
- Part 397 – Transportation of Hazardous Materials. Guidelines for the safe transportation of hazardous materials, including driving and parking rules.
- Part 398 – Transportation of Migrant Workers. Regulations related to the transportation of migrant workers, ensuring their safety and well-being.
- Part 399 – Employee Safety and Health Standards. Guarantees that employees in the trucking industry receive safe working conditions and sufficient health standards.
Liable Parties in a Truck Accident
Determining liability in a truck accident is often more complex than in standard car accidents, as multiple parties can share responsibility. The truck driver may be liable if negligent actions, such as fatigue, speeding, or distracted driving, caused the collision. However, liability frequently extends beyond the driver. Trucking companies can be held accountable if they failed to enforce proper safety protocols, such as conducting regular vehicle inspections or ensuring drivers comply with Hours of Service regulations.
In some cases, maintenance providers or mechanics may share liability if inadequate repairs or failure to address mechanical issues contributed to the accident. Similarly, cargo loaders may be at fault if improperly secured cargo caused the truck to overturn or lose control. Even manufacturers of defective truck parts, such as faulty brakes or tires, can be held responsible under Arizona’s product liability laws.
Arizona’s fault-based system allows victims to seek compensation from all at-fault parties, making a thorough investigation essential. Hiring a lawyer experienced in truck accident cases ensures a comprehensive evaluation of liability. They will examine driver logs, maintenance records, and company policies to identify every party responsible, maximizing your chances of securing fair compensation for your losses.
Compensation You Can Recover After a Truck Accident
Victims of truck accidents often face substantial financial, physical, and emotional challenges, but Arizona law provides avenues for recovering compensation to address these losses. Compensation typically includes economic damages, such as medical expenses, rehabilitation costs, and future medical care for long-term injuries like spinal cord damage or traumatic brain injuries. You may also recover lost wages and diminished earning capacity if your injuries prevent you from returning to work or performing the same job.
In addition to economic damages, non-economic damages compensate for the physical pain and emotional distress caused by the accident. This can include loss of enjoyment of life if your injuries result in permanent disabilities. Arizona courts may also award punitive damages in cases involving gross negligence, such as when a trucking company fails to maintain its fleet or hires an unqualified driver with a history of violations.
It’s essential to document your losses thoroughly and seek legal guidance, as insurance companies often attempt to undervalue claims. Arizona’s fault-based system and comparative negligence laws can impact the amount of compensation you receive, reducing it if you are partially at fault. A skilled lawyer can help you navigate these complexities and ensure you pursue the maximum recovery available under the law.
Why Truck Accidents Are More Complex
Truck accidents involve unique challenges that go beyond typical car accident cases, making them far more intricate to handle. Here’s why:
- Severity of Damages
The sheer size of commercial trucks often results in catastrophic injuries and higher compensation stakes, covering medical expenses, lost income, and emotional suffering. - Multiple Liable Parties
Liability often involves not just the truck driver but also trucking companies, maintenance providers, cargo loaders, and even manufacturers. Properly identifying all responsible parties is crucial for securing full compensation. - Federal and State Regulations
Trucking cases must comply with FMCSA regulations, such as Hours of Service and vehicle maintenance standards, in addition to Arizona’s comparative negligence laws. These add layers of complexity to determining fault and damages. - Extensive Evidence Requirements
Cases require detailed evidence like black box data, maintenance logs, and expert testimony. Collecting and analyzing this data is far more demanding than in typical car accident cases. - Aggressive Defense Tactics
Trucking companies and their insurers often use experienced legal teams to minimize claims, making legal representation essential to protect your rights and maximize recovery.
Given these complexities, if you’re involved in a truck accident working with a skilled Tucson truck accident attorney who can navigate regulations, handle evidence, and counter-defense strategies effectively will eliminate these complexities for you.
Contact Esquire Law Truck Accident Attorney in Tucson for Free Case Evaluation
In your pursuit of justice, our experienced attorneys at Esquire Law are here to help you navigate these complexities. We will ensure that responsible parties are held accountable. If you’ve been involved in a truck accident, the road to recovery may seem daunting. However, you don’t have to face it alone.
Our dedicated team of lawyers at Esquire Law focus on handling truck accident cases. We can provide you with the support you need to secure the compensation you deserve. Contact us today for a free consultation, and remember that you only pay if we win your case.
FAQs
Tractor-trailer accidents pose unique dangers due to the sheer size and weight of these vehicles. The reasons include:
Massive Size: Tractor-trailers can weigh up to 80,000 pounds, making them significantly heavier than passenger cars.
Limited Movement: Tractor-trailers have larger blind spots and limited movement, making them prone to accidents while changing lanes or turning.
Cargo Shift: Improperly secured cargo can shift, leading to a lack of stability and potential accidents.
Driver Fatigue: Long hours on the road can lead to truck driver fatigue, impairing reaction times and decision-making.
What is the most important thing to do after you’ve been in an accident? The first thing that you should always do is call the police. If they’re not willing to make a report, then you want to make sure that you document everything. Take photos of the vehicles, the insurance cards, the license plates, and the scene. Look around for witnesses—did anyone see the accident who can help you? Are there any cameras nearby where you can collect footage?
After that, the most important thing is to get medical treatment. Even if you don’t feel seriously injured, you should still get checked out. Often, adrenaline masks pain at the scene, and injuries can show up later. Documenting your injuries and symptoms early is one of the most important parts of bringing a successful claim.
A lot of times, when you’re in an accident, you don’t feel symptoms right away because your adrenaline is running high and you’re nervous and scared. Then later, you go home, and your symptoms start to develop, and they may develop slowly over time.
But the longer you wait to see a doctor, the more likely it is that the insurance company is going to say that something happened between the accident and the doctor’s visit that caused your injuries. They’re not going to believe that you were just at home, hoping you would get better.
The insurance company is always looking for someone else to blame for your injuries, whether they say it’s pre-existing or caused by something after the accident.
If you don’t go to the doctor right away, document your symptoms, and treat as your doctors tell you to until you feel better, the insurance company is going to argue that the car accident wasn’t the cause of your injuries, and they won’t pay you for them.
Unless you receive a policy limits offer, you should never accept the first settlement offer. Insurance companies live by under-settling your claims. They want to pay you the least amount of money so that they can increase their profits.
That is why we always advise clients never to accept the first settlement offer, and talk with an attorney about your options and what steps to take next. You would be surprised how beneficial it is to hire an attorney and how they could increase that offer from what the insurance company has already presented you with.
Insurance companies offer fast money for one sneaky reason.
What do you do if, after a crash, the insurance company is all over it? They’ve got someone evaluating your car, they’re offering you a check, maybe $5,000, and they’re ready to pay you right now.
Why do you think they’re so eager to get this done so quickly? They want you to take it and sign away your rights before you have the opportunity to speak with a lawyer.
Don’t fall for that trick.
The biggest red flag from an insurance company:
– You’re not at fault for the accident, and the insurance company tries to blame you? Huge red flag.
– You were in a big accident, and the insurance company tries to get you to sign a document for a small amount of money? Huge red flag.
– You’re trying to make a claim, and the insurance company is giving you the runaround and delaying your claim? Huge red flag.
– Insurance company is trying to get you to sign a release immediately? Huge red flag.
– Insurance company is offering you pennies on the dollar? Huge red flag.
– Insurance adjuster is not returning your calls? Huge red flag.
– Insurance company isn’t answering the phone? Huge red flag.
– Insurance company telling you that you can resolve it with them, and you don’t need representation? Huge red flag.
– Insurance company telling you not to worry about it, and they’ll pay for your medical bills? Huge red flag.
– Insurance company telling you, “Oh, don’t worry about it, just take this money and if you need treatment later, call us back”? Huge red flag.
– Insurance company treating you like a number, not a human being? Huge red flag.
One of the most common questions we get from clients is, what is my case worth? And here’s how we break it down. There’s honestly no way to know what your case is worth at the very beginning. And I generally tell clients—any lawyer that’s giving you a concrete amount or telling you what your case is worth is lying to you. There are so many factors that go into the value of your case.
Those factors include:
Applicable insurance coverage:
– How much coverage is there?
– What are the policy limits?
– Does the person at fault have insurance coverage?
– Does the person at fault have assets?
– Do you have underinsured or uninsured motorist coverage?
That’s the beginning. What also goes into how much your case is worth would be your damages—so the question becomes, what are your injuries? What is it going to take to get you better? And what does your future look like?
Another thing that goes into how much your case is worth is whether or not you have lost wages, pain and suffering. There are so many factors, and there’s no way to know right away the value of your claim. It takes time.
If I am partially at fault for the accident, how does the percentage of fault get calculated? There’s no real formula. It’s really a back-and-forth argument between the insurance company and you or your attorney.
The more evidence your attorney can collect to place blame on the other driver, the less fault percentage will be placed on you. It’s really just kind of a battle.
The only way that fault percentage is truly calculated is if your case goes to trial, and a jury decides the percentage based on the evidence presented.
You were just in a truck accident. Who do you think is responsible for paying for your damages? The answer might surprise you. You might think that when you’re in an accident that the only person responsible for paying for your damages is the other driver.
In reality, there are a lot more options that we can look into for you. A lot of people can be responsible for your damages, whether that be:
– The driver
– Another passenger in the vehicle
– The owner of the vehicle, if it’s a different person from the driver
– A company that owns the vehicle
– Your insurance company, if you have the right insurance
– Maintenance workers
– Negligent HOAs
Really, there’s a whole list of possibilities for you, depending on your case, that you can recover money from.
Some people might think that we are just passive on cases. That’s all we do is wait for you to finish with the doctor’s appointments, then tell the insurance company you’re done treating, and get an offer for you. That is not the case at all.
A good personal injury attorney will hire experts to review everything. They’ll be in contact with:
The police department
Any witnesses
Any medical providers
The hospitals
The ambulances
Lawyers want to understand every detail of your case possible. And that does not come without lots of phone calls, lots of hard work, lots of emails, and lots of time. We research all the case law that’s available. We research the conditions of the road. We go to the scene of the accident. We go to the scene of the slip and fall and take pictures, ask people if they saw anything—all for you. You might think that we are only talking a little bit back and forth with the insurance company, but it is so much more than that.