Phoenix Truck Accident Lawyers
Did you or someone you love get hurt in a Phoenix truck accident? If so, you need a law firm to help you pursue compensation and justice.
Commercial truck drivers and trucking companies frequently violate federal and state rules and regulations to pursue faster trips and more profits. These violations can increase the risk of getting into serious truck accidents in Phoenix. Sadly, when a truck accident does occur, passenger car occupants suffer more severe injuries.
Gallagher & Kennedy Phoenix truck accident attorneys will stand up for you when others want to stand in your way.
If you got injured in a truck accident collision, you might be able to file a truck accident claim or lawsuit against the negligent truck driver, truck company, or another party. Speak to a Phoenix truck accident lawyer at Gallagher & Kennedy about your commercial truck accident today by calling (602) 530-8400 or contact us online. Initial consultations are always free.
Why Trust Us with Your Phoenix Truck Accident Case?
Our Phoenix, AZ, truck accident attorneys know the large trucking companies that frequently use our state to transport their goods. We know how to go toe-to-toe with them and their insurance companies to get our injured clients the justice they deserve.
- We have the trial experience to take a defendant to court if you cannot get a fair insurance settlement for your commercial trucking injury claim.
- We have over 25 years of experience handling commercial vehicle accident cases, similar catastrophic injury lawsuits, and legal claims against corporate defendants.
- We have a track record of proven results and have obtained more than $500 million on behalf of accident victims and their loved ones.
- We have the impressive resources of a large law firm, yet we offer the one-on-one client care of a small law firm.
- We do not wish to add to our clients’ financial burdens, so we take semi-truck accident cases on a contingency fee basis, meaning that you pay us nothing up front.
Arizona Commercial Trucking Accident Facts
At Gallagher & Kennedy, our skilled legal team has enough experience handling commercial trucking accident claims to recognize just how different they are from typical car accidents. We understand the federal laws that govern commercial trucks, such as those that the Federal Motor Carrier Safety Administration (FMCSA), the U.S. Department of Transportation, and other government entities administer. Our experienced Phoenix accident lawyers can help you build a strong case against a truck company or other party to pursue compensation for your damages.
- According to the Arizona Department of Transportation, in 2020, 11,348 traffic accidents involved large trucks and buses in Arizona.
- FMCSA reports that in 2019, approximately 510,000 crashes reported to police involving large trucks resulted in 114,000 injuries and 4,479 fatalities.
- The FMCSA has strict rules all commercial trucking companies and drivers must obey, such as specific hours of service and training regulations.
- In 2019, FMCSA reported that the most common truck driver-related errors that led to accidents included speeding, distraction or inattention, and impairment of any kind, including alcohol or drug usage or fatigue.
Where Does Phoenix Have the Most Truck Collisions?
Phoenix is a city where truck collisions can occur anywhere. There are, however, some roads and intersections with particularly bad reputations.
Commercial trucks most commonly interact with smaller vehicles and other vulnerable parties on
- U.S. Route 60
- Interstate 10
- Interstate 17
Also, in North Scottsdale, Paradise Valley, and Arcadia, you may see waste collection, grocery, and delivery trucks. When passing through these suburban areas, be particularly cautious of trucks, even though you should always be aware of your surroundings on the road.
Time Limits on Your Phoenix Truck Crash Claim
Proving a trucking company’s responsibility for your damages may take help from a knowledgeable Phoenix truck accident lawyer. Under Arizona law, you usually have two years or less from the date of your commercial trucking accident to pursue punitive damages through a personal injury claim. If you miss your statute of limitations, the courts will bar your case from going forward. An experienced Phoenix truck accident attorney from Gallagher & Kennedy can help you navigate all state and federal trucking laws that apply to your claim. Contact us today for your best odds of securing a fair settlement or verdict.
Who Is Responsible For My Phoenix Truck Accident?
Several parties can cause semi-truck or commercial trucking accidents. However, these parties may deny fault or avoid liability to avoid paying you compensation.
Our Phoenix truck accident lawyers understand how each party involved can contribute to accidents caused by commercial trucking operations.
You can hold these parties liable in a truck accident:
- Truck drivers
- Trucking companies
- Manufacturer of the vehicle or parts
- Truck’s owner
- Person who loads or ships the truck’s cargo
To determine what caused your accident and who should be held responsible, we will investigate your claim in-depth.
To accomplish this, we will investigate:
- The vehicle’s owner at the time of the accident
- Log books and records related to driving, such as logs of driver hours and weigh-ins
- The extent to which the trucking company controlled the driver
- Past criminal convictions or violations on the driver’s record
- Defects in manufacturing
- Maintenance records for the vehicle
- The level of security of the cargo or load at the time of the accident
Everyone is responsible for ensuring the truck is driven safely and properly during a commercial trucking operation to prevent an accident. During the investigation, our Phoenix truck accident attorneys will determine which party failed to follow its duties and ensure the truck operated safely.
After a Truck Accident in Phoenix, How Can I Get Compensation?
There are two types of damages associated with truck accidents: economic and non-economic.
The purpose of economic damages is to return a truck accident victim to the same financial position as before the accident.
Truck accident claims can result in economic damages such as:
- Costs associated with medical care
- Wages lost
- A decrease in earning capacity
- Damage to property
After a truck accident, the law entitles victims to receive non-economic damages to compensate them for their intangible and non-financial losses.
Among these are:
- Pain and suffering
- Mental anguish
- Loss of consortium
A court might award a truck accident victim punitive damages if the at-fault party acted recklessly or maliciously. These damages, however, are not meant to compensate the victim and are only intended to punish the at-fault party and deter others from doing the same.
Types of Truck Accidents
When a passenger vehicle collides with a commercial truck, it can result in significant damages and injuries. A commercial trucking operation often involves several parties, so victims and their loved ones may have several options for pursuing compensation.
In a truck accident, one of the parties involved is often negligent, leading to a lawsuit.
Negligence can include:
- The truck’s driver lacked the qualifications and experience necessary to operate a commercial vehicle.
- The heavy cargo was loaded improperly on the truck.
- The truck traveled on a dangerous or prohibited road.
- The truck driver didn’t clear their blind spot or see the other car.
- The truck driver was drowsy, drugged, or drunk.
- The truck or tractor-trailer owner failed to maintain the vehicle properly.
- The driver of the truck committed a traffic violation.
To successfully pursue a negligence claim, our Phoenix truck accident attorneys must prove four elements:
- To ensure your safety, the other party had a duty of care to act rationally.
- The other party breached its duty of care.
- The other party’s breach of duty caused your injuries.
- Due to the other party’s breach of duty, you suffered monetary damages.
Using evidence gathered by our Phoenix truck accident attorneys, we will establish that the other party’s negligence caused the truck accident and your injuries.
Lawsuits Involving Product Liability
You might have a product liability case against a manufacturer if a defective part caused your collision.
To establish product liability based on manufacturer negligence, you must prove:
- The part had a defect, making it unreasonably dangerous.
- The victim used the part following its manufacturer’s instructions.
- There has been no change in the condition of the part since the consumer originally purchased it.
It is common for a lawyer to file an Arizona product liability claim under strict liability, which doesn’t require evidence that the manufacturer or seller was negligent. Simply proving the product is defective is all that they must do.
Suing for Wrongful Death
Many people lose their lives in truck accidents because of severe injuries. You must prove that your loved one would still be alive if the at-fault party acted reasonably safe and cautiously. Our Phoenix truck accident attorneys will investigate the possibility of filing a wrongful death lawsuit against the party at fault if you lost a loved one in a truck accident.
Why Do I Need a Phoenix Truck Accident Lawyer?
Many injured truck accident victims in Phoenix want to know, “How can a truck accident lawyer help me?”
Those with limited knowledge of Arizona’s personal injury laws and commercial trucking may have difficulty proving truck accident cases. The truck company may claim that the driver is not an employee, but an independent contractor, which releases them from liability.
Moreover, a trucking company may claim that it does not own or maintain the vehicle involved in the accident. They may also blame the victim for part of the accident.
However, our Phoenix truck accident attorneys have handled many truck accident cases. As part of our semi-truck accident investigation, we will collect evidence proving your injuries directly resulted from the accident.
Our approach includes:
- Obtaining medical records showing your accident-related injuries
- Reviewing any camera footage of the accident
- Investigating police and accident reports related to the accident
- Getting a thorough understanding of your injuries from your treating physician
- Recreating the accident with the help of accident reconstruction specialists
- Analyzing data from the truck’s Electronic Control Module (ECM)
- Collecting and preserving important evidence from the truck company and the driver
Gallagher & Kennedy Phoenix truck accident lawyers provide the highest quality legal representation to victims of negligence. Our attorneys work on a contingency fee basis, meaning we don’t charge upfront fees and only receive compensation if we recover compensation for you. If you want to learn more about how our firm can assist you, there is no cost to speak with us.
Truck Accidents in Phoenix: Causes and Consequences
Due to their weight, commercial trucks involved in an accident can cause serious and life-threatening injuries. These vehicles’ large shape and difficulty maneuvering in traffic make them a significant safety risk.
Some of the most common causes of trucking accidents in Phoenix include:
- Blind spots
- Drunk or drugged driving
- Signal and traffic sign disobedience
- Driving while fatigued
- Maintaining a vehicle improperly
- Drivers with little experience
- Drivers who have poor training
- Driving recklessly
- Blown tires
- Load with too much width
- Loads that are not secure
Due to the tight deadlines for deliveries, many truck drivers travel hundreds of miles without sufficient rest or breaks, negatively impacting their ability to stay focused on the road. The effects of tired driving are similar to those of driving under the influence of drugs or alcohol. Thus, A Federal Motor Carrier Safety Administration (FMCSA) rule limits the number of hours commercial drivers may drive in a 24-hour period. This are known as the Hours of Service regulations.
Keeping a truck in good working order is also an important part of keeping it safe on the road.
Owners and drivers of commercial trucks are required to follow FMCSA maintenance schedules. Driving on Phoenix roads can be dangerous if drivers skip routine inspections or ignore preventative safety measures.
Injuries Caused by Truck Accidents
When a truck collides with another vehicle, the smaller one usually sustains the most damage and injuries to its occupants.
Passenger vehicles are usually severely damaged by commercial trucks during an accident. Occupants can sustain a variety of injuries, ranging from minor to life-altering.
Injuries associated with truck collisions include:
- Injury caused by airbags
- Trauma to the back and neck
- Jaw fracture
- Vertebral fractures
- Disfiguration of the face
- Bone fractures
- Injuries to the head
- Injury to the internal organs
- Seatbelts injuries
- Injuries to the spinal cord
- Traumatic brain injuries (TBI)
- Broken wrists
If you think your crash was the result of a driver’s negligence or recklessness, contact our Phoenix truck accident lawyers to review your case and provide legal guidance on how to file an injury claim against the negligent driver.
Get the Help You Need From Our Truck Accident Lawyers
As your trucking accident lawyers, we have dedicated ourselves to making the process as straightforward as possible for you.
Despite the challenges of dealing with insurance providers and liable parties, we will work to:
- Establish liability by gathering evidence
- Make sure you file your claim within Arizona’s statute of limitations
- Represent your interests to the defendant
- Ensure that no one misconstrues your words
- Make sure you protect your compensation rights
- Organize negotiations or trial preparation
- Ensure that we represent your best interests before a judge
- Appeal a decision if you are unable to recover compensation
It is your right to feel safe on the road. Your and your family’s safety is at risk if a trucking company fails to train or prepare its drivers for Phoenix’s traffic. We can ensure the right parties are aware of the weight of your losses. Due to the truck company’s violation of a duty of care, you can seek compensation.
Complaints Regarding Commercial Drivers’ Conduct
The trucking company must supervise its drivers every day. Consequently, you can hold the parent company responsible for the actions of an intoxicated, reckless, or untrained driver.
As a result, our Phoenix truck accident attorneys will bring a lawsuit against more than just individual drivers in truck accidents. You can sue the parent company of the driver in question if you prove that the driver was on the clock when your accident occurred.
Trucking Companies’ Liability
People often blame trucking companies for highway accidents. However, sometimes the trucking company isn’t the responsible party. Depending on the circumstances, other parties may have caused your accident.
For example, Phoenix government officials are responsible for keeping its roads safe for drivers. For example, workers need to fill potholes within a reasonable amount of time or they need to install road signs. If a public official fails to protect its drivers, they may be liable for their losses under Arizona law, although with a shorter deadline than other parties.
A truck’s manufacturer or mechanic can be responsible for part malfunctions. When we investigate your accident scene, we will identify what went wrong with the truck and which parties you are entitled to sue.
Evidence to Support Your Liability Claim
You must include evidence supporting your claim of liability in your initial complaint. For a county clerk to consider your case, you must present sufficient evidence linking your losses to a particular party.
An accident case involving a truck can include various types of evidence, such as:
- Data stored in black boxes/computers
- Description of the truck’s load
- Detailed information about previous deliveries
- Inspections of tractor-trailers
- Accident scene recreations
- Insights into training
Additionally, we will work with bystanders at the scene of your accident to secure witness testimony for your case. If you provide us with more information in your initial complaint, the rest of your case may be easier to handle.
We Fight for Your Maximum Compensation at Gallagher & Kennedy
How much compensation can you expect after a truck accident? Damages you can expect depend on how serious the accident was.
Our truck accident attorneys in Phoenix can typically request:
- Both your current and future medical expenses
- Pain and suffering compensation
- Wage reimbursement
- Loss of earnings compensation
- Expenses for permanent injuries
- Wrongful death
A court may also award punitive damages if you choose to proceed to trial. Generally, courts award these damages in cases involving gross negligence or excessive recklessness.
Contact an Experienced Truck Accident Lawyer Today
Gallagher & Kennedy has spent decades representing injured clients and family members of those lost because of the negligence of others, including those harmed in commercial truck crashes. We are passionate about protecting injured parties after serious crashes involving commercial trucks.
“Professional and determined, GK and Austin Kurtz we’re a delight to work with. I’ve worked with several other top firms in town over the years and have had the best overall experience with GK.”
⭐⭐⭐⭐⭐ -Hunter R.
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Gallagher & Kennedy – Phoenix Office
2575 E Camelback Rd, Suite 810
Phoenix, AZ 85016
Tel: (602) 530-8400