After a serious truck accident in Phoenix, Arizona, protect your rights during insurance negotiations by hiring an attorney. The truck accident lawyers at Gerber Injury Law have decades of practice representing claimants during commercial truck accident claims.
Although all auto accidents can be disastrous for victims, those between passenger cars and commercial trucks are often more catastrophic than others. A big rig can weigh several times more than the average vehicle. This sheer size and weight disparity puts the occupants of passenger vehicles at a drastic disadvantage in auto accidents.
Large trucks can cause catastrophic damage to the smaller vehicles, often resulting in debilitating or fatal personal injuries for occupants.
Our Arizona truck accident law firm has five offices located throughout Arizona for your convenience.
Schedule a free consultation with our Phoenix truck accident lawyers today to you to discuss your 18-wheeler accident.
Why Clients Come to Gerber Injury Law
- We do not charge for initial consultations. You and your loved ones can receive answers to your legal questions at no cost or obligation to hire us.
- We believe in the power of tailored personal injury services. Our attorneys adjuster their services for each unique client for the best possible results.
- We have a reputation for success in the Phoenix community. Our law firm has achieved top results for past clients, including hundreds of thousands recovered in truck accident claims.
The Importance of Hiring an Attorney for an 18-Wheeler Accident
It can be difficult to secure fair and full compensation for the serious injuries you suffer in a truck accident in Phoenix. An insurance company may dispute liability or try to downplay the severity of your injuries. Furthermore, soft-tissue injuries such as whiplash or pulled muscles can be hard to prove.
You may need an attorney’s assistance during a truck accident claim. A car accident lawyer in Phoenix could help you build a case against the trucking industry and prove your damages. A lawyer can also negotiate with insurance companies for you to make sure you do not settle for less than you require.
Common Causes of Commercial Truck Accidents in Arizona
In our years of experience helping injured clients with truck accident claims throughout Arizona, we have come to recognize some of the most common causes of these collisions. The main threat to driver safety is negligence. Negligence by other drivers, such as driving distracted or under the influence, can lead to preventable vehicle collisions.
Commercial trucking accidents are no different. Despite having special training, commercial driver’s licenses and control over highly dangerous commercial vehicles, truck drivers can make the same mistakes as other drivers on the road.
- Drunk or drugged driving
- Drowsy driving /driver fatigue
- Breaking hours of service regulations
- Failing to inspect trucks daily
- Ignoring check-engine lights
- Failing to use the brakes correctly
- Distracted driving
- Tailgating/road rage driving
- Taking turns too sharply
- Making unsafe lane changes
- Failing to check blind spots
At Gerber Injury Law, we can investigate your truck accident for signs of fault. If we believe truck driver negligence caused your accident, we can help you file a claim against the correct party in pursuit of economic and punitive damages. We may also identify the negligence of other parties. Our Phoenix truck accident attorneys will do everything they can to obtain maximum compensation from all liable parties.
Vicarious Liability and Truck Collisions
An important law that may play a role in your commercial truck accident case is vicarious liability. Vicarious liability uses the doctrine of respondeat superior, a Latin term meaning “let the master answer.”
In simple terms, vicarious liability means a person responsible for another person will also be liable for that person’s mistakes or negligence. It typically applies to cases involving employers and their employees or parents and their children.
Although most truck drivers are independent contractors and not employees, the rules of vicarious liability still apply. Federal regulations hold truck companies liable for accidents involving their drivers and trucks. Your claim may be against a trucking company in Arizona, therefore, even if a negligent truck driver caused your accident.
A trucking company could also owe you compensation for your damages if it or one of its employees was negligent. If the truck’s tire blew out due to poor fleet maintenance, for example, the company could be directly responsible for your accident. A truck accident suit could also name other parties as defendants.
Depending on the situation, a cargo company, maintenance crew, part manufacturer or other parties could bear fault for your collision. Gerber Injury Law can investigate your truck accident to determine fault.
How to Deal With Insurance Claims Adjusters
Do not assume the insurance claims adjuster who contacts you from the trucking company’s insurance provider is looking out for your best interests. In general, this is not the case. Insurance claims adjusters have one main goal: to get truck accident victims to settle for as little as possible so the company’s investors can turn a profit. Use a few tips to protect your rights when speaking to claims adjusters.
- Admit no fault for the truck accident. Do not apologize, either, as this could be a sign of admitting fault.
- Stick to the facts. File your initial insurance claim right away, but do not give any more information than the company requires. Only state the known facts of the case.
- Explain that you are going to contact an attorney. Let the insurance company know you will be consulting a lawyer before going any further. This can show you are taking your case seriously.
- Refuse to give a recorded statement. Do not provide a recorded statement for the adjuster. This could give the insurer something to use against you later.
- Let an attorney speak to claims adjusters for you. You do not have to handle conversations with claims adjusters alone. Protect your rights by hiring a Phoenix personal injury lawyer to take over the case for you.
Navigating an 18-wheeler accident claim can prove difficult without assistance from a personal injury attorney. Many major trucking companies have limitless resources to spend on disputing liability.
The Phoenix truck accident lawyers at Gerber Injury Law can help you even the playing field. Your lawyer will fight for fair compensation from an insurance company on your behalf while you relax and rest.
Types of Compensation Available for a Phoenix Truck Accident
There may be various types of compensation available to truck accident victims in Phoenix. At Gerber Injury Law, our team works diligently to recover both economic and non-economic damages on behalf of our clients.
Economic damages refer to the types of expenses that are relatively calculable after a truck accident occurs. This can include, but is not limited to, the following types of expenses:
- Medical bills caused by the truck crash
- Any physical therapy or rehabilitation needed
- Property damage expenses
- Any household out-of-pocket expenses you incur
- Lost wages if you cannot work while you recover
Non-economic damages refer to the costs that are not as easily calculated after a truck crash occurs. They are not as easy to calculate because there typically are not bills or receipts that can adequately document a truck crash victim’s:
- Physical pain and suffering losses
- Emotional and psychological distress
- Loss of quality of life damages
- Loss of consortium for spouse or family members
Just because these expenses are not as easily calculable does not mean that individuals should not recover compensation for them. These non-economic damages are just as real as the economic losses mentioned above.
How Much is Your Truck Accident Claim Worth?
There is no set amount of money paid out to truck accident victims in the Phoenix area. Rather, the total amount of compensation they receive will depend on a variety of factors. Some of the main influences on truck accidents settlements and jury verdicts include the following:
- The severity of the injuries
- The level of property damage
- How long it takes a person to recover
- How much pain and suffering can be reasonably documented
- Insurance limitations of the truck driver and truck company
- Whether or not there is any shared fault for the incident
When working to properly calculate economic and non-economic losses, a truck accident victim and their attorney should secure assistance from trusted medical and economic experts who can examine the facts of the case and provide proper estimates to the insurance carriers and to a personal injury jury if necessary.
The entire goal is to make sure that truck crash victims in Phoenix recover the compensation they need to handle any expenses that arise as a result of the crash.
Is Arizona a No-Fault State for Truck Accidents?
No, Arizona is an “at-fault” state for car and truck accidents. In the event an individual is partially responsible for causing a truck accident in Phoenix, they may still be able to recover compensation for their losses. Arizona operates under what is called a “pure comparative negligence” system.
Even though insurance carriers and the at-fault parties will typically try to shift some of the blame onto the victim to get out from paying compensation, individuals can still recover compensation even if they are up to 99% at fault for the incident. However, the total amount of compensation an individual receives will be reduced based on their percentage of fault.
If you have been involved in a truck crash but are being blamed for causing the incident, make sure to contact a skilled Phoenix truck accident attorney as soon as possible. Our personal injury lawyers will work diligently to counter these accusations of fault and make sure they recover as much compensation as possible.
Contact Our Phoenix Truck Accident Lawyers Today
A successful truck accident claim in Arizona could lead to compensation for your past and future physical pain, emotional distress, medical bills, property repairs, legal fees and more. Many claims with large truck crashes result in high payouts due to the catastrophic nature of injuries and damages.
How much your case could be worth will depend on its unique factors. Discuss the value of your case, as well as we can help you achieve top results, during a free case review.
Contact us online and we will get back to you right away. You can also call (623) 486-8300 any time, any day of the week.