Truck accidents are among the most catastrophic accidents we see in Arizona. Their immense size and weight create unparalleled devastation on the road.
Weighing up to 20 times more than standard cars, commercial trucks become formidable forces, causing disproportionately severe collisions. The structural overwhelm of smaller vehicles, coupled with heavy payloads, elevates the potential for catastrophic consequences.
The Scottsdale truck accident lawyers at Hutzler Law are here to guide you through the aftermath, offering expert support in seeking justice and compensation.
If you’ve been injured or lost a loved one in a truck accident, we encourage you to reach out to our firm by calling (602) 730-4530 today for your free consultation and case review.
Do You Need Help Handling Your Truck Accident Claim?
Truck accidents can be particularly devastating. It is very common for truck accidents to result in severe injuries, property damage and even fatalities.
You have a legal right to pursue compensation for your losses if you or a loved one has been involved in a truck accident. However, there is a limited window of time in which you can file a claim. That’s why it is crucial to take immediate action.
If you or a loved one has been involved in a truck accident, our team of Phoenix-based truck accident attorneys is here to help.
Call our team at (602) 730-4530 today for your free consultation and let us help you get back on your feet.
Why Should You Speak with a Truck Accident Lawyer in Scottsdale?
Truck accident cases are always complex. From identifying the at-fault party to negotiating with the insurance company, there are multiple opportunities to make a mistake and lose your chance for compensation.
Handling legal action while you are trying to recover from serious injuries or mourning the death of your loved one isn’t just unproductive. It’s distressful and emotionally taxing.
An experienced truck accident attorney in Scottsdale can take full control of your personal injury claim and fight for the money you deserve. A skilled legal team can handle such aspects of your case as:
- Conducting an investigation
- Collecting evidence
- Identifying liable parties
- Filing all documents on time
- Negotiating with the at-fault party’s insurance company
- Taking the case to court if necessary
At Hutzler Law, we have a team of experienced truck accident attorneys who have already helped many Arizona families receive fair compensation. We don’t just help you recover damages but give you an opportunity to focus on your treatment instead of diving deep into the legal nuances of a personal injury case.
The outcome of your truck accident claim depends on many factors, the most important one being your attorney’s skills and knowledge. A truck accident lawyer builds a strong case against the at-fault party and supports it throughout negotiations with the insurance company. If the case doesn’t settle through negotiations, they take your case to court and prove your right to compensation to the judge and jury.
Who Is Responsible for a Truck Accident?
Liability in a truck accident can belong to several parties. Identifying them is integral to filing the correct claim.
In many cases, the trucking company is liable for the accident caused by the driver they hired. If, at the time of the accident, the driver was on duty, the trucking company may have to pay for damages.
Reasons why the trucking company could be responsible include:
- Hiring an unqualified driver
- Failing to arrange proper truck maintenance
- Pressuring the driver to work overtime
- Failing to organize proper driver training
- Not arranging prompt truck inspections
To prove the trucking company’s liability, you would need to provide evidence of their negligent actions. Once negligence is established, the trucking company’s insurance becomes responsible for covering your damages.
A negligent truck driver could be liable for the accident if:
- They are self-employed – independent contractors are responsible for their actions and must have appropriate insurance to cover accidents.
- They are off–duty – if the accident occurs when the driver is using the truck outside the scope of their work, they are responsible for covering damages related to their negligent actions on the road.
All truck drivers must have a minimum liability coverage. Unfortunately, it’s rarely high enough to cover severe damages that result from a crash. In Arizona, the minimal level of financial responsibility is just $25,000 for bodily injury for one person and $50,000 for two or more people.
If the amount of your damages exceeds the insurance limit, you would need to file a lawsuit against the driver to seek the rest of the compensation.
Depending on the circumstances of your accident, other parties that may be held liable are:
- Another traffic participant – a jaywalking pedestrian, a negligent bicyclist, or a careless driver who created a dangerous situation on the road.
- Government entity – improper road signs, large potholes, and unsafe construction zones could make your accident the responsibility of a relevant government agency.
- Cargo company – if the cargo company fails to properly load and secure the cargo, they may be held liable for the accident.
- Manufacturers– if defective auto parts caused the truck to break down and crash, the manufacturer could be held responsible.
- Maintenance crew – if a mistake made during scheduled truck maintenance caused the accident, the maintenance crew could be liable for the crash.
In some cases, more than one party is responsible for causing the truck accident. This can make damage recovery more complicated. An experienced Scottsdale truck accident attorney can help you identify all at-fault parties and file appropriate claims with their insurance companies or initiate lawsuits when necessary.
How to Prove Negligence in a Scottsdale Truck Accident Case
Proving negligence of the at-fault party is key to demonstrating your right to compensation. To do this, the victim has to establish four elements of negligence:
- Legal duty of care – the at-fault party must have the legal duty of care to the victim. All traffic participants owe the duty of care to each other.
- Breached legal duty of care – the at-fault party breaches their legal duty of care. For example, the truck driver runs a stop sign and hits another vehicle.
- The breach causes an injury – when the at-fault driver breaches their legal duty of care, their actions lead to another person’s injury.
- Injury leads to damages – injuries sustained by the victim lead to damages. For example, a traumatic brain injury leads to medical expenses and lost income.
Evidence that can help you prove negligence in a truck accident case can include road camera footage, photographs, witness testimonies, medical reports, and employment records.
Damages You Can Recover After a Truck Accident
Since the American economy depends heavily on trucks, their number is steadily increasing. Unfortunately, so is the number of injuries and fatal outcomes. Damages incurred in these accidents are usually sizable and fall into several categories.
Economic damages are financial losses that occur as a result of the accident. They can include:
- Medical expenses – the cost of emergency medical treatment, hospitalization, surgery, medication, rehabilitation, and any ongoing medical care required as a result of the accident.
- Lost wages – if you are unable to work due to the accident, you could seek compensation for the income you would have earned during the recovery period. This can include wages, salary, bonuses, and other employment benefits.
- Loss of earning capacity – if the accident results in long-term or permanent disability, you could seek compensation for the loss of your ability to earn a living as you did before the accident.
You could also seek compensation for the damage that your property, such as a vehicle or personal belongings, that occurred due to the accident.
Non-economic damages are intangible losses that you experience after the accident. Unlike economic damages, which can be quantified in monetary terms, non-economic damages are more subjective. They can include:
- Pain and suffering – physical and emotional distress experienced as a result of the accident and injuries. It includes physical pain, discomfort, and emotional anguish.
- Loss of enjoyment of life – if the accident results in a permanent disability or impairment that significantly limits your ability to engage in activities you once enjoyed, you can seek compensation for loss of quality of life.
- Disfigurement or scarring – if the accident causes visible physical scars or disfigurement, you may be entitled to compensation for the psychological and emotional impact of these changes to your appearance.
Proving your right to non-economic damages may be more complicated than providing evidence that backs economic damages. You may need to hire expert witnesses who can testify to the extent of your physical and emotional distress.
If your personal injury case goes to court, the judge may also assign punitive damages. These damages serve as an additional punishment for the at-fault party if the behavior that caused your accident was outrageously reckless.
The total amount you can recover depends on many factors, including the extent of your damages and the quality of evidence you can provide. However, the ability to build a strong case and conduct effective negotiations plays a much bigger role. That’s why having a skilled attorney in your corner could make a major difference in the amount of your settlement.
What To Do After a Truck Accident in Scottsdale?
The first thing you have to do after a truck accident is focus on your health. After you tend to your immediate injuries, you can consult an attorney. Just one consultation can help you understand how to proceed.
Once the truck accident attorney starts working on your case, they will provide clear advice and instructions to guide your further actions.
Some people make the mistake of waiting to hire an attorney until they achieve full recovery. As time passes, evidence disappears, at-fault parties leave the state, and witnesses’ memories fade. All of this can hurt the attorney’s ability to prove your eligibility for compensation.
In the worst case, you could miss the short time limit allowed by the Arizona Statute of Limitations to file a claim and lose your chance to recover any money.
Contact a Skilled Scottsdale Truck Accident Lawyer
While truck accident cases are complex and riddled with nuances, you don’t have to navigate them alone. With an attorney on your side, you can focus on treating your injuries while a legal professional leverages their experience and knowledge to drive your case forward.
A team of experienced Scottsdale truck accident lawyers from Hutzler Law fights hard to bring you the money you deserve. Since we work on a contingency basis, you don’t have to pay anything unless we win your case.
Contact us at (602) 730-4530 for your free case evaluation today.