When commercial vehicle drivers are negligent, they can cause harm to other motorists who are driving responsibly. Scottsdale commercial vehicle accident attorneys assist victims injured by the negligence of commercial drivers. We understand the devastating impacts these accidents can have, often permanently altering victims’ lives.
This article examines commercial vehicle definitions, licensing requirements, causes of accidents, and the process of obtaining compensation. Contact our experienced Scottsdale truck accident lawyers for a free case review if you or a loved one has been injured by a commercial vehicle.
What is a Commercial Vehicle?
Arizona defines commercial vehicles based on weight ratings and passenger capacity:
- Over 26,001 pounds (11,794 kg) gross vehicle weight rating or gross combination weight rating inclusive of any towed unit over 10,000 pounds (4,536 kg)
- Over 26,001 pounds (11,794 kg) gross vehicle weight
- Designed to transport 16+ passengers
- Transporting hazardous materials requiring placards
Common commercial vehicles include semi-trucks, box trucks, buses, vans, and pickups. Our focus is semi-truck accidents, which can be catastrophic.
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Causes of Scottsdale Commercial Truck Accidents
- Commercial drivers face unique risks.
- Long hours and delivery deadlines encourage fatigue.
- Driving in hazardous conditions is routine.
- Distractions like phones and eating while driving persist.
- Impaired driving occurs.
- Vehicle maintenance and loading procedures may be inadequate.
- Like all motorists, commercial drivers experience construction confusion and other obstacles.
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Commercial Driver’s License Requirements
A Commercial Driver’s License (CDL) is required to operate commercial vehicles. Negligence can occur during the multi-step licensing process, including:
- CDL class (A, B, or C) based on vehicle type
- Learner’s permit
- License application
- Physical exam and vision tests
- Knowledge and skills exams
- Proper endorsements for vehicle type or cargo (e.g., hazardous materials, passengers)
- Thoroughly vetting a driver’s background helps identify candidates likely to drive negligently.
Types of Commercial Truck Accident Injuries
Accidents that involve commercial trucks often result in catastrophic injuries. Sometimes these injuries can take years to recover from. Some injuries may even affect accident victims for the rest of their lives.
Some of the most common commercial truck accident injuries include the following:
- Back and neck injuries
- Broken bones
- Burn injuries
- Head injuries
- Internal injuries
- Lacerations
- Rib and torso injuries
- Seat belt injuries
- Spinal cord injuries
- Paralysis
Accidents involving commercial trucks can also cause fatalities.
A sobering fact: Accidents involving commercial trucks are ten times more likely to result in fatalities than wrecks with other cars or light-duty trucks.
If the truck accident results in a death, you may be able to seek wrongful death compensation.
The compensation can cover funeral expenses, loss of income, and deprivation of companionship.
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Legal Theories for Injury Compensation
Commercial vehicle accident claims often involve negligence allegations. The injured party must prove:
- The commercial driver owed a duty of reasonable care
- The driver breached this duty
- The breach caused recognizable injuries
- The injuries resulted in damages
Commercial drivers are held to a professional standard of care beyond everyday drivers. Rigorous training, licensing, and truck maintenance procedures establish this heightened duty.
If the driver was working at the time, the employer may share liability under vicarious liability doctrines. Other allegations of negligent hiring, training, and supervision against the company may apply.
Based on case specifics, an experienced attorney can advise whether negligence or other claims are warranted. Thorough investigations of the driver’s credentials and employer’s safety records are crucial.
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Is the Driver or Trucking Company Responsible in an Accident
A common question is, who is responsible for an accident with a commercial truck? Is the driver liable or the company?
If the driver violated safety regulations, they may be the at-fault party. Some accidents are not caused by poor driving. The trucking company may be the responsible party if the vehicle is carrying hazardous/dangerous cargo, defective machinery, or broken equipment.
If the company is forcing drivers to log more hours than legally allowed, the trucking company may be held responsible for the accident.
What To Do After A Commercial Truck Accident
If at all possible, there are some steps you should take after being involved in an accident with a commercial truck.
- Contact the police to report the accident.
- Exchange information with the commercial truck driver. This includes insurance and the driver’s contact information.
- Take videos or photos of the vehicle damage.
- Talk to witnesses and/or other involved drivers.
- Seek immediate medical attention. This may involve a trip to the emergency room or an appointment with your physician.
- Create a file to store all documents relating to the accident. This includes medical bills, vehicle damage reports, and receipts from any repairs, medical procedures, and prescribed medications.
You also want to contact a Scottsdale personal injury lawyer before speaking with either your or the commercial truck driver’s insurance companies.
Why Should You Always Contact a Scottsdale Accident Attorney
If you are involved in a vehicle accident with a commercial truck, you should always contact an attorney before discussing your accident with anyone other than law enforcement.
Your attorney will work with you to protect your important legal rights and ensure you receive the help you deserve for your injuries and property damage.
Insurance adjusters are usually quick to respond after an accident. This is especially true when it involves a commercial truck. The insurance company has a single goal. They want to settle for as little as possible. This may mean you are not receiving fair compensation for your injuries.
Your Scottsdale accident attorney will work with the insurance company during negotiations to ensure you are fully compensated under Arizona law.
If you do settle with the insurance company before discussing your case with an attorney, you cannot refile a claim. If your settlement is less than your medical bills, you are responsible for the remaining costs.
Scheduling a free attorney consultation is the best way to protect your rights.
Contact Our Scottsdale Truck Accident Attorneys
Crash victims deserve compassionate counsel and aggressive pursuit of maximum compensation. Contact our Scottsdale office at (866) 860-6483 for a free consultation with an accomplished commercial vehicle accident lawyer. We are available around the clock to start helping you move forward.
Call or text 800-863-5312 or complete a Free Case Evaluation form