What steps should I take immediately after a truck accident in Wickenburg, Arizona?
After a Wickenburg, Arizona truck accident, you will probably be injured and your car damaged or totaled. There are several critical actions you should take after the crash to help yourself and your future.
First, you must ensure that any injured party at the accident scene gets medical attention. After that, take these actions:
- Get immediate medical care if you’re injured. The sooner you have your injuries evaluated by a doctor, the better for your long-term health. You also should have immediate medical attention so the doctor notes soon after the crash that your injuries are accident-related. This is critical for a potential legal claim.
- Attend all follow-up appointments with your doctor and specialists. Not seeing a doctor and following the treatment plan means the at-fault party’s insurance may question your injuries.
- Have your case reviewed by a Wickenburg truck accident attorney immediately. Truck accidents are often severe and complicated, and the truck insurance company employs aggressive attorneys to pay injured parties as little as possible. You need to have a truck accident attorney fighting for you.
How can a Wickenburg truck accident lawyer help determine liability in a truck accident?
A Wickenburg truck accident lawyer is critical to your personal injury claim. One of the most essential duties of your lawyer is to determine liability so you can receive compensation:
- Collect evidence from the truck accident scene, including photographs, surveillance video, tire marks, vehicle parts, eyewitness testimony, etc.
- Investigate what the truck driver was doing when the crash happened. Did he fall asleep or text and drive? Eyewitnesses may be consulted to learn more, and your attorney also may obtain cell phone records.
- Have the truck checked to determine if it was defective in any way that contributed to the accident.
- Review the truck driver and company documentation about service hours to see if the driver was on the road too long.
Important Evidence After A Truck Accident in Wickenburg
If available, photos and surveillance video are the most crucial evidence in a truck accident case in Wickenburg, Arizona. Expert testimony about how the crash happened can also be critical to the case. Eyewitness statements about who caused the accident will also bear considerable weight with the insurance company and jury.
Common Causes and Injuries
What are the most common causes of truck accidents in Wickenburg, Arizona?
Truck accidents are all too common in Arizona, sometimes severe and even fatal. Some of the most common causes of Wickenburg, Arizona, truck accidents are:
- Speeding: Truck drivers often rush to get to their destinations. Arizona has ample open, flat interstates, so speeding is common. Speeding in a tractor-trailer means slowing down in an emergency takes much longer. Your Wickenburg, Arizona truck accident attorney will review the accident to determine if the driver exceeded the speed limit.
- Fatigued driving: Under federal law, truck drivers can only legally drive a certain number of hours before taking required breaks. However, many truckers violate the rules to drive more miles in less time. Employers may also pressure drivers to flout the law and exceed hours of service limits.
- Driving under the influence: It is dangerous for truck drivers to be behind the wheel when they are under the influence of alcohol or drugs. Reaction times and judgment are slowed by being under the influence, and the odds of a wreck are high. Your attorney will determine if the driver was drunk or high when the crash happened.
- Distracted driving: Not paying attention to the road is always dangerous, but a distracted truck driver can obliterate a smaller vehicle in traffic. Your attorney will review cell phone records to check if the driver was texting during the crash.
- Improper vehicle maintenance: Truckers and trucking companies must perform inspections before and after shifts. The truck should be pulled from service when any problems arise, such as worn tires and brakes. Your lawyer will review maintenance logs to verify the vehicle was serviced correctly.
- Cargo improperly loaded: Truckers must ensure that the trailer isn’t overloaded and is properly balanced and secured. If it isn’t, the cargo can shift or fall off the truck.
What are the most common injuries sustained in Wickenburg truck accidents?
The most common injuries after Wickenburg truck crashes are:
- Traumatic brain injuries (TBIs): A TBI can occur in a truck crash because of a sudden stop, such as after a major truck crash. A severe brain injury also can happen if the victim’s head slams into part of the vehicle. Signs of a serious brain injury take time to develop, so get immediate medical care.
- Bone fractures: A truck crash involves massive force, and multiple fractures are common for motorists in smaller vehicles. Common fractures are in the arms, legs, hips and pelvis, spine and neck, and chest and ribs. If you have several bone fractures, you may require months of medical treatment and rehabilitation.
- Spinal cord damage: The severity of the truck accident can lead to spinal cord damage and possibly partial or total paralysis. Medical care for a paralyzed truck crash victim can cost hundreds of thousands per year.
- Internal bleeding: Bleeding inside the body can occur in many ways in a truck crash. The power of the wreck can damage blood vessels and organs. You may be bleeding inside and be unaware initially. Always get immediate medical care after an accident to check for internal bleeding.
Your truck crash attorney will carefully review your medical injuries and expenses, and then demand a fair settlement for your losses.
Filing Claims and Legal Processes
How long do I have to file a truck accident claim in Wickenburg, Arizona?
You have the right to file a truck accident claim or lawsuit if another party injures you in the accident. However, you only have a limited time to file your truck accident lawsuit in Wickenburg, Arizona. The state has a two-year statute of limitations for all personal injury claims. You have only two years from the date of injury to file your lawsuit. Ensure you retain an attorney soon after a severe truck accident so they have sufficient time to prepare your case.
How A Wickenburg Truck Accident Lawyer Helps With Your Claim
You will probably be injured and stressed after a severe truck crash. Handling complex paperwork and insurance negotiations is too much to contemplate. Fortunately, your truck accident attorney is trained to handle the claim filing and legal processes.
Your attorney will help you collect the necessary evidence and documents to prove liability and damages. For example, if available, your lawyer will obtain photos and videos of the accident and physical evidence from the scene, such as the damaged vehicles.
They also will speak to accident witnesses and get their versions of events. Collecting your medical records and bills will be necessary to show the full extent of your injuries and damages.
Your Success Is Our Goal.
If you would like to discuss options on your case and how we can provide legal help, contact The Law Offices of John Phebus Criminal and Personal Injury Lawyer today
Compensation and Comparative Negligence
What types of compensation can I seek after a truck accident in Wickenburg?
After a Wickenburg truck accident, you may have severe injuries and damages. If the truck accident attorney you hire can prove liability, you may receive some or all of the following damages:
- Medical expenses: You may be entitled to compensation for your current and future medical costs. With a severe injury, months or even years of future medical expenses are possible. A critical duty of your attorney is to estimate the cost of your future care accurately.
- Lost wages: You may receive money for your lost past and future earnings. Your attorney may consult financial and employment experts to determine what your future lost earnings will be.
- Pain and suffering: Many truck accident injuries are excruciating. Pain and suffering compensation is subjective, but your attorney will demand the most compensation for your discomfort.
- Mental anguish: Being severely injured brings mental and emotional anguish. You also may receive compensation for your mental suffering related to injuries, disability, and medical treatments.
- Wrongful death benefits: Did a Wickenburg trucker kill your loved one? You may be entitled to wrongful death compensation for your mental suffering, the pain and suffering of the deceased, lost income and inheritance, and much more.
How do insurance companies evaluate truck accident claims in Wickenburg, Arizona?
The trucking insurance company will likely attempt to settle the claim for less than you deserve for the Wickenburg accident. Insurance adjusters will try to give you less money for your medical bills, lost earnings, and pain and suffering, if they can. However, you can combat their devious tactics by retaining an experienced truck accident attorney.
Can I still recover damages if I was partially at fault in a Wickenburg truck accident?
If you were partially at fault for the truck accident, you may worry that you can’t get compensation. However, Arizona employs a comparative fault standard for motor vehicle accidents. You can still receive compensation for a truck accident if you were no more than 50% at fault. Your attorney will be essential in ensuring that you are blamed as little as possible for the accident to maximize your compensation.
Legal Challenges and Regulations
What role do Arizona and federal regulations play in truck accident cases in Wickenburg?
Another benefit of hiring a truck accident attorney is they are authorities on state and federal trucking regulations. They know how the law may affect your claim. One of the most critical state and federal laws that affect truck crash claims is the hours of service rules. These federal rules state that truck drivers can drive only for so many hours and be on duty for so long before taking a break. If your attorney finds these rules were broken, they can be liable in the truck accident.
State and federal laws apply to the truck and its systems, weight loads, tire and brake performance, and much more. Arizona’s truck speed limit is 65 miles per hour, and the maximum weight is 80,000 pounds. If these rules are violated and a truck accident results, it is crucial evidence for a truck accident claim.
Resources for Truck Accident Victims
Determining Negligence in Truck Accident Cases
Truck Accidents Caused by Improperly Loaded Cargo
Hours of Service Regulations and Truck Accidents
Police: drowsy trucker caused fatal I-17 truck accident0
What Are Truck Weigh Stations for and Why Are They Needed?
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