Some of the most serious cases we handle involve truck accidents. These tend to leave their victims injured and even incapacitated. Like it or not, we have to share the road with tractor-trailers. This can be scary, especially when they’re carrying large or heavy loads. Most of our clients say they avoid driving next to commercial vehicles, if at all possible. They’re just afraid of getting into an accident with one of these huge, deadly machines. But if that happens, you can always call one of the Phoenix truck accident lawyers at TorkLaw.
The problem with truck accidents is that it’s usually not the truck driver who suffers the brunt of the impact. It’s usually the person driving the car or SUV who gets injured.
Your Phoenix Truck Accident Lawyer Needs to Prove Negligence
It would be easy to just assume that a truck driver is liable in any sort of tractor-trailer accident. However, in order to recover damages, your Phoenix truck accident lawyer at TorkLaw will need to prove fault. In most cases we handle, this means we need to prove that they were negligent. Regardless of the type of case we’re handling; negligence always requires four (4) elements:
- The truck driver owed you a duty of care
- They breached this duty
- You were injured
- Your injuries were a direct result of the defendant’s breach
When it comes to a truck accident, there are different ways to do this. Obviously, the truck driver owes you a duty of care. All motorists owe each other a certain duty of care. At a minimum, they need to obey the rules of the road. But tractor-trailer drivers are held to a higher standard. There are certain regulations that they must follow per the Federal Motor Carrier Safety Administration. For example, drivers cannot work for more than fourteen (14) straight hours. They’re also required to be off duty for at least ten (10) hours between shifts. If your Phoenix truck accident lawyer can show that they broke these rules, they may be found negligent.
Why Are There So Many Tractor Trailer Accidents in Phoenix?
In 2019, there were 12,894 crashes in Arizona involving trucks and buses. More than 2,800 people were injured in these accidents. Sadly, 92 of these crashes proved fatal. Some of these crashes were not caused by truck drivers. It wouldn’t be fair to pretend that truckers are always at fault. However, more often than not, it’s not the truck driver who suffers the brunt of the injuries.
Phoenix truck accident lawyers at TorkLaw have seen a lot of these cases. They’re aware that the most common causes of truck accidents are caused by the following:
- Speeding
- Distracted driving
- Drunk driving
- Too heavy a load
- Driver fatigue
- Driver inexperience
- Equipment failure
Once we get a chance to meet with you, we can get a better idea of what caused your accident. Then we can go about collecting the evidence to prove that the defendant was at fault.
You’re Not Automatically Entitled to Damages
A lot of people think that, just because they were hit by a tractor-trailer, they’re automatically entitled to damages. It doesn’t work this way. Your Phoenix truck accident lawyer at TorkLaw needs to prove your specific damages. This can include all sorts of things. Typically, our lawyers demand any or all of the following in a truck accident lawsuit:
- Medical bills
- Future medical bills
- Pain and suffering
- Lost wages
- Lost future income
- Property damage
There’s no way to know for sure what kind of compensation you’re entitled to until after we’ve met with you. We need to see what kind of proof you have. We also need to look at your medical records to see what sort of injuries you suffered. Finally, we review your receipts and outstanding bills to see what kind of money you still owe.
Your Phoenix Truck Accident Lawyer Has to Prove Fault
In addition to proving that you suffered damages, our Phoenix truck accident lawyer at TorkLaw needs to prove the defendant was at fault. We explained how negligence works a bit earlier in this article. Here, we’ll talk about the types of evidence we’ll need to prove the defendant was negligent. Every case is unique, and the proof will depend on the facts of your case. Some of the information we’ll need include:
- Medical records
- The police report
- Witness statements
- Pictures of the accident scene
- Videos or camera footage from intersection cameras
Ideally, we’ll have all of this information. There are times, however, when we only have bits and pieces. That’s why we ask you to bring as much information as possible to the initial consultation.
Call Our Office and Talk to a Phoenix Truck Accident Lawyer Right Away
One of the best ways to make sure you’re compensated for your truck accident is to talk to a lawyer as soon as possible. You can call our office and schedule your free initial consultation with a Phoenix truck accident lawyer at TorkLaw. We do ask that you bring as much of the information listed below with you for that meeting. The sooner we have that information, the sooner we can get started on your case. Of course, you may not have all of this correspondence. That’s okay. We can always work on getting additional evidence as we move the case along.
- Copies of the police report
- Pictures of the accident scene
- A copy of your medical records
- Any correspondence from the defendant’s lawyer or their insurance company
Since the consultation is free, you have nothing to lose. Sit down with a seasoned Phoenix truck accident lawyer who has handled plenty of cases like yours before. We can answer any questions you may have. We can also give you an idea of what your case is worth. You can bet the defendant and their employer will have a team of lawyers working for them. You don’t want to be at a disadvantage. Give us a call as soon as possible after your crash.