How Is Liability Determined In A Truck Accident In Arizona?
Truck Accidents In Arizona: What You Need To Know
In order to obtain financial compensation for injuries and damages from a truck accident in Arizona, you will need to prove that the other party was primarily at fault for the accident and therefore bears liability. Although law enforcement officers will investigate the crash, your Mesa truck accident attorneys will also examine the evidence to build the strongest possible case in your favor.
What Factors Help Determine Fault For An Arizona Truck Accident?
There are many factors that come into play when determining who is at fault for a truck accident:
What caused the accident, which may include any type of driver negligence, defective truck design, lack of vehicle maintenance, or poor road design, and many other potential causes.
Whether more than one party was at fault, for example, whether the trucking company’s policies disregarded FMSCA regulations, cargo loaders failed to properly secure the load, or the company responsible for maintenance did not properly inflate tires.
Whether the victim has any share in fault, Arizona follows the law of comparative negligence, which means that more than one party can be responsible. You can still pursue compensation for damages even if you were primarily responsible for the accident, but your compensation will be adjusted according to the percentage that the accident is determined to be your fault.
What Evidence Can My Attorney Use In a Truck Accident Case?
Your Chandler injury lawyers will conduct their own investigation into the circumstances of your truck accident and examine the evidence to prove your damages. Examples of evidence that may be used to establish fault include:
- Truck driver logs, which indicate how long a truck driver had been on duty before the accident happened
- Logs from the truck’s electronic data recorder, a device that records information such as the truck’s GPS position, speed, engine operation, driver actions, and camera footage from inside the cab
- Results from alcohol or drug screens that may have been performed on the truck driver after the collision
- Surveillance, dash cam, or traffic camera videos
- The load manifest, which provides information about which cargo the truck was carrying, who loaded it, and how it was loaded
- Truck inspection and maintenance records
- Post-accident vehicle inspection reports
- The accident report from the law enforcement officials who responded at the scene
- Reports from the trucking company’s internal investigation
- Eyewitness statements and testimonies
Your attorneys will use this information, and any other evidence they uncover, to provide visualization and description of the incident that can be used in court if necessary.
Who Determines Which Party Was At Fault?
After a truck accident in Arizona, you’ll probably pursue financial recovery for your injuries, damages, and losses by filing a claim with another driver’s insurance company. Whether you receive compensation will depend on who is determined to be at fault. If the insurance company concludes that their insured party was not at fault, they will deny your claim. However, it’s important to realize that insurance companies do not have the final say when it comes to determining fault after a truck accident. Working with Mesa car crash injury lawyers gives you the option to file a lawsuit to pursue your case and potentially obtain compensation. The courts will then determine fault for the truck accident.
Do I Sue The Driver Or The Trucking Company?
Car accident victims typically file a claim with another driver’s insurance company, but a truck accident victim may have multiple points of liability to pursue. Some of these parties include:
- The truck driver
- The trucking company
- The owner of the truck
- The freight company responsible for loading the cargo
- The person or company responsible for performing truck maintenance
- The manufacturer(s) of the truck and its parts
Which party or parties can be sued will depend on the circumstances of your accident and what actually caused it. If the accident was due to the driver’s recklessness or negligence, such as speeding, texting while driving, or driving under the influence of alcohol, you might sue the trucking company or driver directly. If the driver was violating state and federal trucking regulations, such as driving beyond hours-of-service limits, you might hold the trucking company responsible.
A trucking company can also be held responsible if their internal policies did not enforce adequate load inspection prior to driving, if they failed to supervise and train drivers sufficiently, ordered drivers to violate traffic laws, or if they negligently hired a truck driver who posed a serious risk of causing an accident. Your Avondale personal injury lawyer will help you determine which legal course of action is most likely to be successful.
Get The Legal Help You Need After An Arizona Truck Crash
If you’ve been injured or suffered damages as the result of a truck accident in Arizona, contact the experienced attorneys at Mesa Injury Lawyers. Our collective decades of experience, comprehensive knowledge of Arizona state law, and dedication to our clients make us one of the leading personal injury firms in Arizona. We will review your case, analyze the evidence, and build the strongest possible case in your favor. Let us help you achieve the best outcome and work to obtain compensation for your damages so you can focus on your recovery. Contact us today for your free, confidential consultation!