After a collision with a large commercial truck, there are often multiple at-fault parties, including the trucking company itself. A Scottsdale truck accident lawyer has the experience to investigate every angle of your case and identify every party responsible for your injuries.
You don't have to face powerful corporations and their insurance carriers alone. A legal professional gives you a voice and protects your rights to fair compensation. Connect with a local attorney today; call Law Bear at (309) 365-6510 for a free consultation.
Why Truck Accident Claims Are Complex
Tractor-trailers, semi-trucks, and other large vehicles are subject to strict federal and state regulations set by the Federal Motor Carrier Safety Administration (FMCSA). A Scottsdale truck accident lawyer knows these laws and how violations impact your claim.
Trucking companies are large businesses with teams of lawyers and aggressive insurance adjusters. Their primary goal is to protect their profits by paying as little as possible. They start building their defense moments after a crash, often dispatching investigators to the scene.
You need a representative who works just as quickly on your behalf. An attorney protects you from tactics designed to weaken your claim, like asking for a recorded statement. They handle all communication with the trucking company, so you have the space to focus on your recovery.
How a Scottsdale Truck Accident Lawyer Fights for You
Your legal representative takes on the full legal burden, allowing you to focus on your health. They deploy a specific strategy to build your case from the ground up and fight for your interests at every turn.
Taking Control of the Investigation
Building your case starts the moment you establish contact. Your Scottsdale truck accident attorney acts fast because evidence in truck accident cases sometimes gets lost or legally destroyed in a very short time.
Your lawyer will send a formal spoliation letter to the trucking company, which is a legal demand to preserve all relevant materials, including the truck's black box, driver logbooks, and vehicle maintenance records.
They also work to secure the vehicles involved for a detailed inspection before any repairs are made. While the trucking company dispatches its own team to find evidence that limits its liability, your lawyer gathers the proof needed to establish fault.
Calculating Your Claim
Your legal team goes beyond surface-level bills to create a complete and detailed picture of your total losses. This involves working with a network of medical and financial professionals to project all future needs.
They consult with life care planners to map out long-term medical treatment and vocational experts to determine the full impact on your ability to earn a living.
Protecting You From the Insurance Company
Insurance adjusters protect their company's bottom line by paying out as little as possible. Your Scottsdale truck accident lawyer acts as a buffer between you and the insurer.
They handle all communication, preventing the adjuster from pressuring you into accepting a quick, lowball settlement or giving a recorded statement that could be used against you.
Your lawyer manages every email, phone call, and document request so you are not tricked into signing away your rights.
Preparing for Trial
Your attorney prepares your personal injury case for trial from the start, signaling to the insurance company your commitment to full compensation. This involves filing legal documents, engaging in discovery, and developing a strong legal argument for court.
If the insurer refuses a fair settlement, your lawyer will present your case before a judge.
Evidence in a Commercial Truck Accident Claim
A successful truck accident claim depends on strong, well-documented evidence. While you focus on getting better, your legal team focuses on gathering and analyzing every piece of information related to the crash. Your Scottsdale truck accident lawyer knows what to look for and how to get it.
A solid evidence file typically includes:
- Official Reports: This involves obtaining the full police accident report, which contains the officer's initial findings, diagrams, and witness information.
- Company Records: Your legal team may use legal tools to demand records from the trucking company, including driver qualification files, post-accident drug and alcohol test results, and maintenance histories.
- Electronic Data: Your attorney can secure the truck's black box and any data from the truck's GPS or onboard messaging systems.
- Eyewitness Accounts: Your legal team contacts people who saw the accident and obtains formal statements to preserve their testimony about the truck driver's actions.
- Accident Reconstructionists: Your law firm may retain engineering experts who analyze the physical evidence to scientifically prove how the crash occurred and who was at fault.
- Medical Experts: Your lawyer may work with medical professionals who can explain the full severity of your injuries, the future treatment you require, and the long-term costs.
Identifying All Liable Parties in Your Crash
One of the most valuable services a lawyer provides is identifying all the parties whose negligence contributed to the crash. A single accident on a Scottsdale street might involve several responsible entities.
Some common examples include:
- The Truck Driver: In commercial truck wrecks, a driver's actions are always a focus. They may have been speeding, distracted by a cell phone, fatigued from too many hours on the road, or driving under the influence.
- The Trucking Company: This corporation may be vicariously liable for its drivers' actions. It also has direct liability for negligent hiring, poor driver training, or pressuring drivers to violate federal safety rules.
- The Maintenance Company: A third-party company that performed faulty repairs or failed to maintain the truck correctly is a source of liability if their work led to mechanical failure.
- Cargo Loaders: The company that loaded the freight is liable if an improperly secured or overweight load shifts during transit, causing the driver to lose control of the truck.
- Parts Manufacturers: The manufacturer of the truck (or one of its parts) is responsible if a defective part, such as faulty brakes or a tire that fails, directly causes the crash.
Potential Compensation After a Commercial Truck Crash in Scottsdale
Arizona law allows you to seek payment for a wide range of economic and non-economic damages. Your attorney works to document every single loss to build a comprehensive demand for compensation.
Economic damages refer to your specific, calculable financial losses. These are the bills and financial records that form the foundation of your claim. Non-economic damages compensate you for the personal, non-financial ways the accident has affected your life.
While these losses have no direct price tag, they're very real and often the most significant part of your claim. A Scottsdale truck accident lawyer helps articulate the value of these personal damages to an insurance company or a jury.
Common damages include:
- Past and Future Medical Expenses: This covers everything from the initial ambulance ride and emergency room care to surgeries, physical therapy, medications, and any required long-term care or home modifications.
- Lost Wages and Earning Capacity: You receive payment for the income you lost while unable to work. If your injuries prevent you from returning to your job or limit your future earning potential, your settlement reflects that long-term loss.
- Property Damage: This includes the cost to repair or replace your vehicle and any other personal property, like a laptop or cell phone, destroyed in the accident.
- Pain and Suffering: This addresses the physical pain, chronic discomfort, and overall suffering your injuries have caused.
- Emotional Distress: This covers the psychological impact of the trauma, including conditions like anxiety, depression, and sleep disturbances.
- Loss of Enjoyment of Life: This compensates you for the inability to participate in hobbies and activities you once valued, such as taking family trips or hiking at the McDowell Sonoran Preserve.
Common Truck Crashes on Scottsdale Roads
Due to their immense size and weight, commercial trucks are involved in specific types of accidents that often lead to severe injuries. These collisions frequently occur on major thoroughfares like the Pima Freeway or at busy intersections along Scottsdale Road.
Some of the most frequent types of truck accidents are:
- Jackknife Accidents: These occur when a driver brakes too hard or too quickly, causing the trailer to swing out at a 90-degree angle to the cab, sweeping across multiple lanes of traffic.
- Underride/Override Accidents: A deadly underride crash happens when a smaller vehicle slides underneath the side or rear of a trailer. An override crash is when the truck's height and momentum cause it to run over a smaller vehicle.
- Rollover Accidents: A top-heavy truck, especially one taking a turn or an exit ramp too fast, may lose its balance and roll onto its side, crushing anything in its path.
- Tire Blowouts: A sudden tire failure can cause a driver to lose control. Your lawyer investigates the cause of the blowout, whether it was poor maintenance, a defective tire from the manufacturer, or an unaddressed road hazard.
- Wide-Turn Collisions: Also known as a "squeeze play," this happens when a truck swings into an adjacent lane to make a turn. Your legal team investigates whether the driver failed to check their large blind spots and collided with a vehicle that was legally in that lane.
Arizona's Deadline for Filing a Claim
In Arizona, the statute of limitations for personal injury lawsuits, including truck accidents, is generally two years from the accident. Missing this deadline will likely result in your case being dismissed permanently, regardless of its merits.
Contact a Scottsdale truck accident lawyer soon after a crash because a thorough investigation takes time to gather evidence, consult experts, and build a strong case before the deadline expires.
There are also exceptions, so don't delay seeking legal advice. A lawyer can assess your case and inform you of the exact deadline applicable to your situation.
FAQ for Scottsdale Truck Accident Lawyer
How Does a Scottsdale Truck Accident Attorney Prove the Trucking Company Was Negligent?
Proving a trucking company was negligent requires an in-depth investigation that goes beyond the driver's actions. Your attorney looks for evidence of corporate wrongdoing, such as a history of hiring drivers with poor safety records or failing to perform mandatory drug tests.
They may also find that the company encouraged drivers to violate hours-of-service regulations to meet unrealistic delivery schedules, leading to driver fatigue. Corporate negligence is often found in maintenance logs, dispatch records, and internal company communications.
Do Commercial Trucks Have a Black Box?
The truck's event data recorder, or black box, records critical information like the truck's speed, braking patterns, steering inputs, and other operational data in the moments before and during a crash.
A Scottsdale truck accident lawyer acts quickly to send a spoliation letter to the trucking company, demanding that they preserve this data and not erase or destroy it. This data often provides unbiased proof of what really happened.
Why Do I Need a Scottsdale Truck Accident Lawyer for My Case?
You need a Scottsdale truck accident lawyer because these claims involve complex state and federal laws that do not apply to regular car accidents. Trucking companies and their insurers have powerful legal teams dedicated to minimizing what they pay you.
An attorney handles the entire complex process for you, and fights to protect your rights to full compensation for all of your injuries and losses.
What if I Was Partially To Blame for the Truck Crash?
Arizona follows a pure comparative fault rule. This means you may still recover damages even if you were partially at fault for the accident. The court determines your percentage of fault and reduces your total award by that amount.
For example, if you're found to be 10% at fault for the collision, your final compensation gets reduced by 10%. Your attorney uses the evidence to fight back against unfair blame and minimize your percentage of fault.
What if the Insurance Adjuster Contacts Me Directly?
If an insurance adjuster from the trucking company contacts you, don't speak with them or provide any statement, recorded or written. Their job is to get you to say something they can use to deny or devalue your claim.
Politely decline to give a statement and direct them to speak with your Scottsdale truck accident lawyer. Your attorney will handle all communications from that point forward.
Your Fight Is Our Fight
The moments after a truck accident are filled with uncertainty, but your path forward becomes clearer when you have a strong advocate on your side. You have the right to hold negligent companies accountable for the harm they cause, and you don't have to do it alone.
Don't let an insurance company dictate the value of your health and future. Law Bear is available 24/7 to connect you with a qualified local attorney who is ready to stand up for you. Call (309) 365-6510 now for your free, no-cost case evaluation. The Bear's Got Your Back.