Immediate Actions and Legal Assistance
What steps should I take immediately after a truck accident in Scottsdale, Arizona?
After a truck crash in Scottsdale, Arizona, you will likely have severe injuries and property damage. There are several important actions to take immediately after the truck accident:
- Get immediate medical attention for anyone who is injured. You’re required by Arizona law to get medical care for anyone hurt in a motor vehicle accident.
- Go to the ER or doctor immediately if you have injuries. Truck accidents often lead to severe injuries, and you may be injured without knowing it. Your health is the most essential thing, so get medical care right away. It also is vital to preserve your legal options after a serious truck accident. Getting medical attention the same day will show the insurance company that you have injuries related to the accident. Failure to receive medical care can complicate your truck accident claim.
- Go to your doctor’s appointments in Scottsdale after the accident. If you don’t attend your follow-up appointments, the insurance company will question your injuries and may pay less than you deserve.
- Ask a Scottsdale, Arizona, truck accident lawyer to review your truck accident case. If another party hits and injures you, Arizona law allows you to file a truck accident lawsuit for medical expenses, lost wages, and pain and suffering. You also could be entitled to money for your future medical care and lost earning ability if you have a temporary or permanent disability.
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How can a Scottsdale truck accident lawyer help determine liability in a truck accident?
A Scottsdale, Arizona, truck accident lawyer is vital to obtaining the best results in your claim. One essential role of your attorney is to prove who is liable for your truck accident injuries. The process of determining truck accident liability involves the following steps:
- Gather evidence from the Scottsdale truck crash scene, such as photos, videos from dash cameras and witnesses, surveillance video from nearby businesses, vehicles and parts, tire marks, and eyewitness testimony. The police report could be an essential piece of evidence if it cites the truck driver for causing the crash.
- Investigate what the trucker was doing at the moment of impact. Did he fall asleep? Was he texting, speeding, or under the influence of alcohol? Your attorney may speak to eyewitnesses to determine if the driver was breaking the law when the crash happened.
- Have the rig and trailer checked for part defects that may have contributed to the accident. Defective brakes or tires could have made it difficult to stop or maintain control in an emergency.
- Review the truck’s maintenance log to determine if it was correctly maintained.
- Review the driver’s log to learn if they drove too many hours that day or week.
Other substantial evidence that may be critical to proving liability in the Scottsdale crash is expert testimony from accident reconstruction specialists. The police report may also be vital evidence.
Common Causes and Injuries
What are the most common causes of truck accidents in Scottsdale, Arizona?
Truck accidents are common in Scottsdale; many are devastating and fatal. Some of the most frequent causes of tractor-trailer accidents in the area are:
- Speeding: Truckers in Arizona are often paid by the mile, so there is an incentive to speed and drive further for more money. If a trucker exceeds the speed limit, slowing down in an emergency is more challenging. A tractor-trailer may take 300 or 400 feet to stop from 65 MPH, much further than a passenger vehicle.
- Driver fatigue: Truckers may drive 50 hours weekly or more and spend additional time on duty. Driver fatigue is an ever-present problem. US law requires truck drivers to take breaks for 10 hours and a day off after working seven or eight straight. However, truckers and employers may need to break the rules to get their loads to their final destinations. Your attorney will investigate if the truck driver drove more hours than he should and fell asleep while driving.
- Distracted driving: Driving while distracted is dangerous but hazardous in a huge tractor-trailer. Truckers must drive long shifts, and they can easily get bored. This can lead them to glance at their cell phone, eat or drink, or talk to passengers. Just a moment’s distraction can cause a devastating accident. Your truck accident attorney will review the driver’s cell phone records to learn if they were on the phone during the crash.
- Improper maintenance: All tractor-trailers in the US must be regularly checked and maintained to be fit for the road. Truckers and companies may skip maintenance to save money. A truck accident lawyer in Scottsdale will review the truck’s maintenance log to check if regular maintenance was performed.
- Cargo load problems: Correctly loaded cargo is critical to keep the truck safe. A rollover accident is likely if the trailer is incorrectly loaded or overweight. An overloaded trailer also takes longer to stop and keep in control.
What are the most common injuries sustained in Scottsdale truck accidents?
Tractor-trailer accidents in Scottsdale, Arizona, are some of the worst on the road. So, injuries can be catastrophic and sometimes fatal. The most common injuries in truck crashes are:
- Spine injuries: The power of the crash can crush or break vertebrae in the neck and back, possibly causing spinal cord damage. Paralysis requires extensive care for life and can cost millions of dollars. Getting the best settlement is critical if you have a paralysis injury.
- Bone fractures: A truck crash can shatter many bones in the body, especially the arms, legs, ribs, collarbone, and hips. Multiple bone fractures may require extensive surgery and hospitalization to repair.
- Brain injuries: Many truck accidents cause traumatic brain injuries that can cause permanent damage. Someone with a brain injury may be unable to care for themselves or work, so obtaining the most compensation in a truck accident claim is essential.
- Internal damage: A severe truck crash can tear and damage major blood vessels and organs. Initially, you may be unaware of the injury, so get immediate medical care.
A Scottsdale truck crash lawyer will understand the nature of your injuries and prognosis so that they can demand a fair amount from the insurance company.
“At The Law Office of John Phebus, our personal injury and criminal defense attorneys have been representing clients in Glendale, Arizona for over 30 years. We focus on helping those who have suffered a catastrophic injury or are facing serious criminal charges.”
John Allen Phebus
FOUNDING ATTORNEY
Filing Claims and Legal Processes
How long do I have to file a truck accident claim in Scottsdale, Arizona?
In Arizona, you can file a truck accident lawsuit if another party injures you in an accident. However, there is a two-year statute of limitations for filing your claim. The clock starts on the day you are injured and runs for two years. Ensure that you speak to a truck accident lawyer in Scottsdale promptly so you have enough time to build a strong case.
How A Scottsdale, Arizona, Truck Accident Attorney Can Help With A Claim
You may have severe injuries after a truck accident in Sun City. You can technically file your claim with the trucker’s insurance company, but you should always rely on a truck accident lawyer to handle your case.
Truck accident lawsuits are notoriously complex. There are many laws, deadlines, and insurance issues to be aware of, and the insurance company will try to take advantage if you don’t have a lawyer.
From the day you retain your attorney, they will take over your claim and handle all legal and insurance issues related to your lawsuit. They will also investigate the accident with experts to understand how the accident happened and who caused it. The attorney will collect the relevant accident evidence and use it to persuade the jury to offer a fair settlement for your losses. Your attorney will also consult with your doctors to understand the severity of injuries and the prognosis.
What should I do if the trucking company’s insurance offers a settlement in Scottsdale, Arizona?
If the insurance company offers a settlement for the Scottsdale truck accident, you should have it evaluated by a skilled truck accident attorney. They can ascertain if the offer is fair. They will negotiate for more money, file a lawsuit, and go to court if it isn’t.
Experienced Personal Injury & Criminal Defense Attorney
John Phebus is a seasoned attorney specializing in personal injury and criminal defense law. With a focus on DUI defense, vehicular crimes, and serious injury cases, John has been fiercely advocating for his clients, ensuring they receive the representation and compensation they deserve. His expertise and dedication have led to numerous successful outcomes. If you’re seeking a knowledgeable and passionate attorney who will fight for your rights, John Phebus is here to help.
Years of experience: +30 years
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Compensation and Comparative Negligence
What types of compensation can I seek after a truck accident in Scottsdale?
After a truck accident, you may have severe injuries and medical bills. If the truck accident attorney proves that the trucker or employer caused your injuries, you could receive the following compensation:
- Medical bills: You may get compensation for your current medical bills, as well as future medical needs. For a severe truck accident injury, you may have many months of medical bills and rehab. Your Scottsdale truck accident attorney will work with your medical team to understand your injuries and prognosis so you receive the money you deserve.
- Lost wages: You may be unemployed after the truck accident for months, years, or forever. You should receive compensation for your lost earnings and lost living ability. Your attorney will review your past salary or wage information and speak to employment experts to understand how much future income you will lose.
- Pain and suffering: A severe truck crash injury, such as shattered bones, can be excruciating. You may suffer unbelievable pain during the recovery, so you should receive compensation for your discomfort.
- Mental anguish: Your injuries and treatments may cause mental suffering, so you should receive compensation for your emotional ordeal.
- Wrongful death: Did you lose your relative in a truck accident? A wrongful death attorney may obtain compensation for your losses, including burial expenses, medical bills, pain and suffering, and lost income.
Insurance Company Evaluations Of Truck Crash Claims
If a trucker or employer is liable for your injuries, the insurance company will review the accident to determine who is responsible. However, don’t be shocked if the insurance company partially blames you for your injuries. The insurance company wants to limit its payout and will try to minimize the scope of its liability. The insurance adjuster could also doubt your injuries’ severity, so you should have a truck accident attorney representing you. They’ll ensure that you receive the most money for your losses.
Can I still recover damages if I was partially at fault in a Scottsdale truck accident?
If you are partially to blame for the crash, you still may receive compensation in some situations. Arizona has a comparative negligence standard, so you can obtain compensation if you were less than 50% to blame for the accident.
Legal Challenges and Regulations In Arizona
A truck accident investigation has many moving parts, including possibly several at-fault parties, insurance policies, and state and federal laws and regulations. A truck accident lawyer in Scottsdale, Arizona, knows all the intricate aspects of a truck accident investigation, including how laws and regulations affect the outcome.
For instance, federal law states how many hours a trucker can drive daily and be on duty weekly. Any violation of the rules can lead to driver or company discipline. If a trucker is found to have violated the hours of service rules and caused an accident, it can be an essential piece of evidence in a claim to prove fault.
Many other state and federal laws apply to trucks, such as vehicle systems, weight loads, speed limits, tires, brakes, etc. Arizona has a 65 MPH speed limit. If the trucker was speeding when the crash happened, this fact also can be used to prove fault.
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
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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