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If you drive a car, then you've most likely passed a truck on the roadway. Though there are many different types of trucks, commercial trucks can be among the most dangerous to collide with. Commercial trucks and other large trucks transport goods or provide commercial services that require a lot of equipment. As a result, these trucks are extremely heavy. If you find yourself in a situation where your regular motor vehicle collides with a commercial truck, the results can be catastrophic.
Being involved in a truck accident can be scary, overwhelming, and intimidating. The legal process that may ensue afterward can be even more daunting. Thankfully, you can ease this burden by contacting a truck accident attorney.
ARIZONA TRUCK ACCIDENT STATISTICS
Based on 2019 statistics from the Arizona Department of Transportation, there were over 129,000 crashes on Arizona roadways that year. About 45,000 of those crashes occurred in Phoenix. 53,000 individuals were injured overall in those crashes and over 11,000 individuals were injured in Phoenix. Well over 2,000 of these crashes in the entire state of Arizona involved some type of truck.
Trucking accidents are a serious issue in the Phoenix area. It is important to not only to practice roadway safety at all times, but to also know the resources available to you if you find yourself involved in a commercial trucking accident. Give Zinda Law Group a call today to see how we may be able to help you.
WHO IS AT FAULT?
The person at fault for a truck accident is the individual or entity that was negligent. In truck accident claims, this could be a number of individuals or companies. To establish negligence, the injured person would need to show that:
- A truck driver or trucking company owed a duty of care to other motorists,
- They breached that duty, and
- That breach caused harm to another driver.
The good news is that establishing a duty is the easy part. All truck drivers and their employers owe a duty to you to operate their vehicles safely and supervise their employees in accordance with state, local, and national regulations.
Showing that a truck driver or trucking company has breached their duty is somewhat difficult. This breach can occur from failing to adhere to rules and regulations. For example, an injured individual may be able to show a truck driver breached a duty by speeding, driving while distracted, driving while under the influence, or by not exercising proper discretion when driving in difficult weather conditions. A trucking company may breach a duty when they order a truck driver to haul too much weight, fail to do proper safety inspections on their trucks, fail to do proper background checks on their drivers, or even fail to make sure that their employees are getting enough rest before driving.
However, sometimes even when an injured party can show that there has been negligence on the part of the truck driver or trucking company, the blame can be partly attributed to the injured party. If you are found to be partially at fault for your truck accident, this may affect your ability to seek compensation. This is known as comparative fault. In a nutshell, comparative fault is a law that allows the blame, and ultimately financial liability, in an accident to be split amongst the plaintiff and defendant when both of these parties contributed to the accident. Each state handles comparative fault differently, but usually the amount you can seek is reduced by the percentage you are to blame. For example, if you are awarded $1,000 for your injuries, but you are 20% to blame, you will ultimately only walk away with $800.
COMMON TRUCK ACCIDENT INJURIES
With any type of accident, injuries vary. Although truck accidents can be more catastrophic than a typical motor vehicle accident, truck accidents can yield both mild and severe consequences. This all depends on the circumstances of the accident including things such as speed, location, and simple safety measures, like whether or not you were wearing a seat belt. Some of the common injuries that may occur after a truck accident include:
- Back and neck injuries
- Head injuries
- Brain injuries
- Broken bones
- Spine injuries
- Internal injuries
- Emotional trauma
WHAT TO DO AFTER A TRUCK ACCIDENT
After being involved in an accident, it is important to take certain measures to ensure your wellbeing and to protect the success of your claim. Here are a few steps you can take after a truck accident to not only make sure you are safe, but to make sure you put yourself in a position to seek the legal compensation you may be entitled to:
1. Seek Medical Attention
After suffering in an accident, the best thing to do is to seek medical attention by going to a hospital. Not all injuries are what they seem, and it is crucial to make sure a professional checks them. Even mild injuries need to be evaluated by a medical professional. It is also beneficial to get official records of your injuries by medical staff to use as evidence in your case.
2. Report the Accident
Do your best to contact law enforcement as soon as possible. The police play another important role in documenting the accident by filing an official report. This report can be very helpful later on when filing a personal injury claim.
3. Document the Scene
Preserving necessary evidence is key to prevailing on your claim. Do everything you can to document the scene of the crash in case you forget important details later. This can include simple tasks such as taking pictures or getting names of any witnesses. The more you have to back up your recollection of events, the better it is for your claim.
4. Call a Truck Accident Attorney
Those filing personal injury claims can get easily taken advantage of by opposing parties and insurance companies. If a truck has hit you, the best way to make sure you are being treated fairly and are being offered fair compensation is to hire an experienced Phoenix personal injury attorney.
Learn More: Why Hiring a Lawyer Will Help Your Case
TRUCK ACCIDENT COMPENSATION
After a truck accident or any personal injury, different types of compensation may be awarded to help you get your life back on track. Without knowing the details of your claims and the circumstances surrounding your accident, it is impossible to estimate exactly how much compensation you should seek. However, in general, if you have been injured in an accident you may be entitled to both economic and non-economic damages.
Economic damages cover expenses that can be straightforwardly quantified, which may include:
- Medical bills
- Lost wages
- Property damage
- Other incidentals
Non-economic damages are based on emotional injures and may include:
- Emotional distress
- Pain and suffering
- Physical impairment
- Loss of enjoyment of life
Learn More: How to Calculate the Value of Case
HOW ZINDA LAW GROUP CAN HELP
Regardless of whether your claim is simple, complicated, or somewhere in between, it is in your best interest to consult with an attorney near you. The world of lawsuits can be complex and burdensome. Don’t make it harder on yourself by trying to go through this process alone. Our Phoenix truck accident lawyers at Zinda Law Group may guide you through the legal process, make recommendations, negotiate with the involved parties, and help advise you on important legal decisions.
At Zinda Law Group, we believe that quality representation should be available to everyone. That is why we work on a contingency fee basis. That means that unless we win your case, then you don’t owe us anything. Give us a call today at (800) 863-5312 to discuss your case for free and let us see how we may be able to help you secure the compensation you may be entitled to.
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