TRAFFIC LAW GUYS – TRUCK ACCIDENT LAWYERS
Scottsdale TRUCK ACCIDENT LAWYER
Truck collisions are much more hazardous and deadly than car accidents. The size, weight, and proportions of trucks generate a tremendous amount of physical force that cars and other smaller vehicles cannot compete with. Thus, accident victims commonly suffer life-altering injuries. Truck wrecks can cause brain trauma, spinal cord harm, broken bones, and internal organ damage. Big rigs, 18-wheelers, and other kinds of commercial trucks often lead to the most serious wounds. The Traffic Law Guys are committed to defending the rights of people wrongfully wounded. With multiple decades of collective legal expertise, our group of accomplished personal injury lawyers has obtained millions in compensation for our clients.
We have knowledge of how to help truck accident victims get what they are owed.
Reach out to us now for a free assessment of your truck accident claim. If we deem you have a valid case, we will utilize all legal options to ensure you receive full compensation for your claim. There is no cost upfront; you only pay if we get compensation on your behalf.
WHAT CAUSES TRUCK ACCIDENTS IN Scottsdale
Trucks are bulkier and more noticeable than cars, often leading to serious injuries in crashes. Driving a truck requires specific expertise and extreme care. The bigger blind spot of trucks and their reliance on mirrors for side-by-side and rear view vision make turning or changing lanes more dangerous for the driver. Unfortunately, truck drivers do not always take seriously their obligation to drive safely, with driver carelessness being a common cause of accidents involving trucks. Here are several examples of careless driving by truck drivers that resulted in severe accidents:
Operating a motor vehicle while under the influence of drugs or alcohol, being overly tired in violation of FMCSA Hours of Service limitations, driving while impaired by a medical condition like epilepsy or heart disease, undertaking distracting activities such as talking on a cell phone, eating, personal grooming and other similar activities, not performing all pre-departure checks necessary and displaying an aggressive driving style which includes speeding excessively, tailgating others and passing incorrectly are all violations of the law.
Turning too abruptly. Not being mindful of blind spots as much as necessary
Operating a company vehicle without having the required license or going through the necessary instruction.
Any trucker who causes harm or damage due to their negligence should be held solely accountable for the damages. Since drivers don’t usually acknowledge their missteps, it can be challenging and take a while to figure out if they were careless. An experienced truck accident lawyer in Scottsdale has the know-how and resources to assess the driver’s actions and discover any negligence, helping victims recover from their injuries.
WHAT IS A JACKKNIFE ACCIDENT?
emi-trucks are articulated vehicles that are made up of a number of parts that are linked by movable joints. This category of vehicles includes semi trailers. These trailers can be more maneuverable than they would be if they were made up of a single unit, but they are also more susceptible to certain kinds of accidents. Jackknife incidents are one of the sorts of accidents that are exclusive to articulated vehicles. They take place when the trailer of a truck swings out from behind the vehicle, imitating the motion of a pocket knife.
An articulated vehicle is a type of vehicle that has multiple wheels on each axle. This makes the vehicle more flexible and able to move in a variety of directions. An articulated vehicle can also be more susceptible to a jackknife accident than a rigid vehicle. A jackknife accident is when the vehicle suddenly and violently flips over. A jackknife can happen for a variety of reasons, including the following:
1. High winds- Jackknifing can happen when the wind causes the vehicle to flip over.
2. Improper braking- Jackknifing can happen when the brakes don’t work properly and the vehicle flips over.
3. Taking turns too fast- Jackknifing can happen when the vehicle turns too quickly and flips over.
4. Improperly loaded or secured cargo- Jackknifing can happen when the cargo is improperly loaded or secured, which makes the vehicle more susceptible to flipping over.
5. Driver error- Jackknifing can happen when the driver makes a mistake, which causes the vehicle to flip over.
6. Coupling device failure- Jackknifing can happen when the coupling device, which connects the trailer to the vehicle, fails.
7. Over-steering- Jackknifing can happen when the driver over-steers the vehicle, which makes it more susceptible to flipping over.
TYPES OF ACCIDENTS INVOLVING SEMI-TRUCKS
-Override accidents: When a truck’s brakes don’t work properly in the cold, the truck can overshoot the intended stop, leading to an accident.
-Underride accidents: When a truck is driving behind another vehicle and the front of the truck hits the back of the other vehicle, this can cause the other vehicle to overturn.
-Jackknife accidents: When a truck flips over in a turn, the truck can end up in a position where the driver is facing the wrong way.
-Rear-end accidents: When a truck rear-ends another vehicle, the force of the collision can cause the other vehicle to spin around.
-Broadside collisions: When two trucks are traveling in the same direction, and one of the trucks is much larger than the other, the larger truck can smash into the smaller truck, leading to an accident.
-Rollover accidents: When a truck flips over, the driver can be thrown out of the truck.
-Head-on collisions: When two trucks collide head-on, the force of the collision can cause the drivers to be killed.
1. It can be a lengthy process to determine if an accident involving a semi-truck was the result of the driver’s fault or unavoidable due to the conditions.
2. The Traffic Law Guys specialize in trucking accidents in Scottsdale.
3. She will carefully examine the details of your case to establish whether or not there is any evidence of carelessness.
4. Depending on the rules in your region, you may still be eligible for compensation even if you were partially to blame for triggering the collision.
AVOID DANGEROUS TRUCK DRIVERS
A driver is doing something that is not typical for them when they suddenly swerve, overcorrect, or perform some other maneuver. This is often an indication that they are distracted, under the influence, or dozing off. Truck drivers should take the same precautions, and you should keep a safe distance from drivers that are going in a manner that is not typical for them.
Many truck drivers may participate in aggressive driving if they are irritated or come into slower traffic, which is a particularly risky behavior because it increases the likelihood of accidents. Some of the following behaviors may indicate that a truck driver is hostile: Following you too closely, Cutting you off by changing lanes, Making offensive or threatening gestures or comments, Excessive speeding, Unnecessary horn honking or flashing headlights, Following you off the highway, and Making sudden movements. If you observe any of these behaviors, give the truck driver plenty of space on the road. Never put yourself in danger by trying to stand your ground against a giant semi truck or get into a physical altercation with one.
Don’t react to their comments or gestures. Step away as quickly as possible if they try to follow you. If a truck driver is following you and you feel like you’re in danger, call the police.
WHAT IS A NO-ZONE AND WHY YOU SHOULD AVOID THEM
The “no-zones” of a large truck are its blind spots, which can be quite extensive. These no-zones include the space directly in front and behind the trailer, both sides of it and next to the passenger door on the tractor. If you must drive in a no-zone or pass a truck while doing so, do it quickly and try to leave that area as soon as possible. Remember that you should always be able to see the truck driver either directly or in your rearview mirror; if not, chances are they can’t see you either.
MOVE OVER IF YOU SEE A STOPPED TRUCK
When a truck driver confronts an issue on the road, they may have to pull over in an unplanned spot, such as at the side of the street or off an exit ramp. Although there is a specific protocol that must be followed when stopping, it’s not always done correctly. To stay safe when driving near stopped trucks, avoid driving directly past them and choose one of the lanes on either side instead.
NEGLIGENT PARTIES IN TRUCK ACCIDENTS
The trucking company could be held liable for truck accidents if they are found to have been negligent in their practices, such as hiring inexperienced or unqualified drivers, not carrying out the necessary drug and alcohol testing on drivers, neglecting to monitor and enforce compliance with FMCSA regulations, promoting hazardous practices in order to boost profits, failing to properly inspect and maintain vehicles in their fleet, etc.
Not performing adequate checks and upkeep on the trucks in the fleet is another factor.
An independent cargo loading team may be held accountable if an accident is caused by an error in the loading of cargo. Errors in the loading of cargo can make it difficult for trucks to brake or stop, and they can also lead to accidents such as rollovers and jackknifing.
This passage is about the responsibility of truck manufacturers to make sure their products are safe. If a truck part, such as brakes, tires, or axles, fails to work properly, the manufacturer should be held liable in an accident.
The government entity is responsible for thoroughly inspecting and maintaining the roads, and if they come into contact with a pothole, a wide break in the pavement, etc., they are more prone to losing control of their vehicles. This puts large commercial truckers at a disadvantage, and if they collide with a road danger and an accident happens, the government entity will be held responsible.
FREQUENTLY ASKED QUESTIONS
Every year, more than one hundred people lose their lives in accidents involving heavy trucks in Arizona. Many more are injured. People frequently have questions about whether they or a loved one was wounded in a truck accident that was caused by the negligence of a truck driver, or about the death of a loved one in a truck accident that was caused by the negligence of a truck driver. Here are some of the questions that are asked by our customers regularly.
-Do I qualify for compensation?
-Can I file a lawsuit?
-What are my chances of winning?
-Who pays my medical bills?
More than one hundred people lose their lives in accidents involving heavy trucks in Arizona every year. Many more are injured. People frequently have questions about whether they or a loved one was wounded in a truck accident that was caused by the negligence of a truck driver, or about the death of a loved one in a truck accident that was caused by the negligence of a truck driver. Common questions include:
-Do I qualify for compensation?
-Can I file a lawsuit?
-What are my chances of winning?
-Who pays my medical bills?
WHAT CAUSES TRUCK ACCIDENTS?
-Incorrect tire inflation
-Improperly maintained brakes
-Failure to properly secure loads
-Failing to use proper driving techniques
Commercial trucks are often operated by inexperienced drivers who are not properly trained in the safe operation of these vehicles. These drivers are often distracted by the truck’s engine, the noise it makes, or the view it provides. These distractions can lead to accidents.
Speeding can require a vehicle to travel further in order for it to come to a safe stop. This is especially true for large tractor-trailers that need more space for their brakes to be effective. Truck drivers face distractions such as texting, using cell phones, GPS and vehicle controls, eating and drinking, daydreaming, and external factors like active construction sites or billboards.
Truckers are at an increased risk of being in car crashes compared to other motorists.
Fatigue is an ongoing problem, even though regulations require truck drivers to rest periodically. According to the Federal Motor Carrier Safety Administration (FMCSA), research revealed that the time of day is a more important factor in truck accidents than how long someone has been driving. Many drivers choose to drive at night when there’s less traffic, but this also messes with their body’s natural cycle for sleeping and being awake, known as the circadian rhythm.
Impairment is an issue for truck drivers. Although they must take drug tests to detect the presence of illicit substances, many medications available with a prescription or over-the-counter can impair their ability to drive safely. Despite random alcohol tests and a reduced legal limit for alcohol in their breath, some drivers still get behind the wheel after drinking.
Every year, commercial trucks cover an enormous distance. As a result of this extensive usage, the vehicle needs more frequent upkeep. Accidents involving these vehicles are commonly caused by inadequate maintenance of the brakes, tires and steering systems.
Trucks used for business purposes travel a great distance each year, and as a result require more frequent maintenance. Accidents caused by these vehicles are often linked to inadequate upkeep of the brakes, tires and steering systems.
Truck drivers often have to drive to unfamiliar cities for pickups and deliveries, which can lead to delays. As a result, they may inadvertently take a wrong turn or go the wrong way on a one-way street or highway entrance.
WHY ARE TRUCK ACCIDENTS CAN BE SO DANGEROUS?
The size of trucks is the key element that makes truck accidents one of the most serious motor vehicle collisions on the roads. A truck’s mass can be up to 30 times that of a car. Trucks have higher ground clearance and are considerably taller than cars, which has an effect on a driver’s capacity to maneuver it in various ways, such as:
Large stopping distances are required for loaded tractor-trailers on dry roads, with the distance growing as speed increases in wet or slippery conditions. The truck’s high center of gravity makes it more susceptible to rolling over when making sharp turns at high speeds or trying to avoid a crash. Because of its length, the truck needs a wide turning radius and puts other drivers in adjacent lanes at risk. Additionally, all four sides of the truck have large blind spots that can’t be seen from inside the cab.
Passenger vehicles that stay in these places of limited visibility are vulnerable to being struck since the driver cannot detect them when switching lanes, and areas of invisibility also exist with tow trucks. Underride: The greater ground clearance of a tractor-trailer heightens the likelihood of passenger cars slipping below it after an accident.
TRUCK DRIVERS AND FEDERAL REGULATIONS
To obtain a commercial driver’s license, truck drivers must undertake extra training and acquire insurance with greater coverage to protect other people on the road. Furthermore, there are other regulations that both truckers and the companies that employ them have to obey.
WHO ELSE CAN SHARE THE LIABILITY?
Besides the truck driver, there may be other persons or entities that are responsible for your injuries based on the circumstances of your case. Your truck accident lawyer will look into all aspects of the accident, such as the truck, company and driver involved to find out who is liable and what insurance coverage applies. Other possible people at fault could include:
The trucking firm was responsible for doing a comprehensive background check on the driver and their driving history, and making sure that the truck driver was adequately trained. The shipper is responsible for checking the history and insurance of the company it chose to deliver its products and may have also been involved in cargo loading. Other drivers whose negligence may have contributed to the collision. The person or corporation in charge of vehicle maintenance. The maker or distributor of truck parts that were possibly defective and may have contributed to the accident.
INSURANCE CONTACTING ME. WHAT SHOULD I SAY?
The insurance industry’s main purpose is to bring monetary gain to the companies. To do this, they often offer victims of accidents low settlements that do not consider the full extent of their physical and emotional suffering nor account for potential future medical treatments. This can detrimentally affect the person’s overall quality of life.
Insurance companies can also try to make money by pushing people who have suffered an injury to make statements that could be seen as assuming blame, thus decreasing the amount of compensation they may receive. If you have been contacted by the insurance company of a truck driver or trucking firm, it is best to seek legal advice before agreeing to any settlement or saying anything.
Your lawyer will speak to the representatives in your stead and will also draw up an assessment of your claim that is based on the following: the current and future costs connected to your injury from the accident; the damage done to your car; expenses for any long-term incapacity; lost wages and possible loss of income in the future; as well as any psychological impacts you have gone through due to this incident.
WILL MY CASE GO TO COURT?
Many personal injury claims are resolved prior to going to trial. Your lawyer should be prepared to take the case to court if necessary, as they may be up against experienced lawyers working for trucking companies. They must also be willing to negotiate aggressively in order to get the best possible settlement for you.
WHAT EXPENSES CAN I RECOVER THROUGH LAWSUIT?
In Arizona, if a person has been hurt in a motor vehicle collision, they are legally allowed to seek monetary and non-monetary recompense from the person or people who caused the incident. These damages, which can also be known as costs, encompass:
These are losses that are not related to medical care, such as the loss of companionship, dignity, and enjoyment of life.
-The cost to repair or replace your vehicle
-The cost of handicap-accessible features added to your home in the event that your injuries require them
-The cost of mobility equipment, such as wheelchairs, handicap modifications on your vehicle, and prosthetics
-Loss of wages as a result of being unable to work or being fired because of your injuries
-The loss of companionship, dignity, and enjoyment of life
Physical pain and suffering, feelings of embarrassment or humiliation, and the loss of the ability to enjoy life are all potential outcomes of a disfigurement.
It is hard to put an exact monetary value on the non-financial losses that have been sustained. The jury will determine the amount of compensation owed based on your age at the time of injury, how serious and permanent it was, how it has influenced your ability to take pleasure in life and activities you did before the incident, how much disfigurement was caused by it, as well as any physical and mental suffering experienced. Apart from economic and non-economic damages, the defendant may also be held liable for punitive damages which aim to punish especially bad behavior.
MY SPOUSE DIED IN A TRUCK ACCIDENT. AM I ABLE TO RECEIVE COMPENSATION?
It is possible to file a wrongful death claim in Arizona on behalf of the family of a person who was killed due to someone else’s negligence. The personal representative of the deceased has the right to make such a claim for: their spouse, minor children, adult children who depended on them financially and emotionally, and their parents. If no claim is made within the first six months after death, then any beneficiaries have the legal ability to submit it.
The potential outcomes of a successful claim for wrongful death include covering costs related to funerals and burials, compensating for future lost earnings, recognizing the grief and anguish felt by those involved, and in some cases offering punitive damages. Additionally, loss of consortium applies to the surviving spouse who has experienced emotional and physical distance due to the death of their partner.
NEGLIGENT TRUCKING COMPANIES CAN SOMETIMES BE THE CAUSE OF THE ACCIDENT
Although most truck accidents are caused by the driver, there are various ways in which trucking companies can be considered negligent and lead to a crash with serious consequences. The following examples could result in legal action being taken against these companies.
Trucking companies should employ a strict hiring process to make sure they don’t hire someone who is unsafe or incapable of driving their commercial vehicles. This will guarantee that the company abides by the law. Usually, trucking firms check a candidate’s medical background, driving record, criminal record, and documents such as having an active commercial driver’s license and any necessary qualifications for the job.
Sometimes companies forego thorough background checks on potential employees, or even hire friends and family members with bad track records. Any kind of red flag, such as a history of driving while under the influence or having untreated health conditions, should alert the company that they could be held responsible if any accidents occur due to their negligence in hiring this person.
A trucking firm is responsible for keeping a close eye on the conduct of its drivers and other employees. If any laws or regulations are broken, the employer should be aware of it and take suitable action to prevent further incidents. As an example, if a driver fails a drug/alcohol test or has been driving while impaired, they should be suspended until they have received the right treatment.
The company should not delay and immediately suspend the employee in this situation.
If a driver is found to be in breach of the hours of service rules set out by the Federal Motor Carrier Safety Administration (FMCSA), trucking companies should keep a close eye on their time records to make sure that the driver does not break these regulations again. Companies can be partially held responsible for any accidents caused by their staff if they do not manage or discipline their drivers properly. Furthermore, they are expected to conduct mandatory drug and alcohol tests, as it is highly dangerous for someone who has been using either substance to drive a large commercial vehicle.
Trucking companies must follow the rules by carrying out random drug and alcohol tests on their drivers regularly, either prior to or after the shift. Furthermore, if a motorist is involved in an incident that caused serious harm or property damage, they are required to take a drug and alcohol test.
When trucking companies do not routinely test their drivers for drugs and alcohol, they put the safety of their drivers and others on the road at risk. If drivers know their employers don’t do this testing, they may be more inclined to drink and drive.
SHOULD I SETTLE MY TRUCK ACCIDENT CLAIM?
1. If you were in a car accident with a truck, your chances of getting significant compensation are greater.
2. Small passenger vehicles often do not stand a chance against trucks, and as a result, are more likely to receive damage in a crash.
3. If you or a loved one were injured in a truck accident, you might be entitled to compensation.
MEDICAL ATTENTION FOR A TRUCK ACCIDENT INJURY
If you have any doubts about your injury, seek medical attention as soon as possible. Delaying care could make your injuries worse. You also need to document your injury. Without documentation, any claim you might make might be weakened.
THE TRUCK ACCIDENT POLICE REPORT
Police reports are a good place to start when investigating an auto accident, but the report itself does not always determine who was at fault.
The police officer looking into the car wreck can give a driver a citation for breaking traffic laws, but they do not possess the judicial power to decide who was responsible.
ATTORNEY FEES IN TRUCK ACCIDENT CASES
Our auto accident attorney fees are based on a contingency fee basis. That is the arrangement we provide. If our client does not obtain any compensation, our fees are not collected. The attorney’s costs come out of the injury settlement, but the insurance company or governmental agency may have to pay part of your legal expenses if you have an attorney representing you. This could be required by state law, federal law, and/or contract stipulations.
INSURANCE COVERAGE FOR TRUCK ACCIDENTS
If you are involved in an accident caused by another driver, you may be eligible for compensation for property damage, lost wages, medical bills and pain and suffering. You cannot just provide the medical bills as proof that they are necessary; rather, you must demonstrate that they are reasonable, relevant to the car crash and needed. An auto accident lawyer can assist with this. If the person responsible does not have enough insurance coverage or none at all, it is important to consider how to determine what other resources they possess and how to pursue a claim through your uninsured/underinsured motorist policy.
IIf an insurance provider, such as auto or health insurance, paid you any benefits and you receive a settlement from the at-fault party, then your insurer has the right to be repaid through a legal process known as subrogation. This applies to DSHS and worker’s comp (L&I) benefits too. It is important to make sure that the personal injury settlement covers this.
CALL A Scottsdale TRUCK ACCIDENT LAWYER
If you are injured in a truck accident, you should contact a personal injury lawyer as soon as possible. This is because if you do not have representation, you may accept a settlement that is substantially below the value of your case, and you may say or do something that jeopardizes your healing process.