Truck Accident Lawyer Handling Claims In Yuma
Insurance companies know that the trauma caused by truck accidents doesn’t stop after the accident itself. The serious injuries caused by truck crashes can lead to years of rehabilitation and physical therapy, emotional distress, and significant financial challenges. Yet, even though insurance companies know this, they still try to protect their bottom lines by offering claim settlements that do not cover all of the injuries truck accident victims suffer.
At The Smith Fila Law Firm, our goal is to obtain full and complete compensation for our clients. Before you accept an insurance company’s settlement offer – before you even give it a statement – talk to our experienced lawyer in a free consultation by calling 928-328-1361 or 877-386-6038. Located in Yuma, we have represented clients injured throughout Arizona and the southwest for more than 30 years.
We Get Results
Whether you were driving the truck or a passenger vehicle when your accident occurred, we have a history of getting results for clients like you. For example, we recovered $2,415,000 in a wrongful death case involving an over-road trucker.
While not every case will result in a multimillion-dollar verdict or settlement, you can expect us to put the same kind of energy and dedication into representing you.
What Legal Issues Can You Expect In Your Truck Accident Case?
Accidents involving commercial vehicles tend to raise issues that are unique compared to simple car crash cases. Some of the issues that could arise include:
- Multiple at-fault parties: While it may be obvious to you that a truck driver was at fault for your accident, there may be other, less obvious, parties to your case. The driver’s trucking company, the owner of the truck, the company that leased the truck and the manufacturer of the truck or truck parts – these are all potential defendants. We will explore all routes for recovery in your case.
- Trucking regulations: There are separate regulations for the trucking industry – the Federal Motor Carrier Safety Administration Regulations – that determine how much time a driver can be on the road before resting, how often trucks must be inspected, how driving records should be kept, etc. If a truck driver or company did not follow the regulations, they can be held accountable for your accident. We understand the trucking regulations and will determine whether the truck driver or company failed to follow them.
- Truck driver negligence: Many of the truck drivers on our roads are extremely capable, experienced drivers. By the very nature of their job, however, truck drivers are prone to drowsy driving and distracted driving. Semi trucks have blind spots and must make wide turns. Due to the sheer bulk of their vehicles, drivers must be vigilant at all times. When we investigate truck crashes, we often find that truck driver negligence played a role.
- Fatalities: Truck accidents are often fatal accidents. If your loved one was killed in an 18-wheeler accident, we can help you recover compensation for medical expenses, funeral expenses, pain and suffering, loss of income, loss of consortium (the love of a husband or wife) and other damages.
These are only a few of the issues that can arise in trucking accidents. Every case is unique and deserves the trained eye of a respected personal injury attorney.
Your Truck Accident Questions, Answered
Below, we’ve provided answers to some of the most common questions asked by prospective clients.
How long do I have to file a truck accident claim in Arizona?
Most Arizona personal injury claims, including truck accident claims, must be filed within two years of the accident date. If you try to file after the statute of limitations expires, your case would be dismissed, so it is important to act quickly.
How is liability determined in a truck accident case?
Determining truck accident liability involves identifying who was at fault for the accident. This could be the truck driver, the trucking company, or even the manufacturer of the truck if a defect contributed to the accident.
In Arizona, the process begins with a thorough investigation that looks at various factors, such as the truck driver’s actions, the condition of the truck and whether all traffic laws were followed. Evidence like police reports, witness statements and accident reconstruction can help establish who is responsible. It’s important to have a skilled attorney who can help you gather and analyze this evidence to build a strong case.
What if the truck driver was an independent contractor?
If the truck driver involved in the accident was an independent contractor, the driver can still be held liable. However, identifying additional liable parties can become more complex. Many transportation or delivery companies try to classify their drivers as independent contractors in order to shield the business from liability. In Arizona, however, trucking companies can sometimes be held responsible for the actions of independent contractors if they exercise a certain level of control over the driver’s work.
Factors like the level of supervision, the terms of the contract and whether the trucking company provided the equipment used can all play a role. An experienced attorney can help you understand these nuances and work to hold the appropriate parties accountable for your injuries and damages.
Can I still recover compensation if I was partially at fault for the accident?
Yes, you can, because Arizona is a “comparative negligence” state. Under Arizona law, a court can assign a percentage of fault to both the plaintiff (you) and the defendant (the other driver). If you win or settle your case, the total compensation you were seeking will be reduced by the percentage of blame the court assigned to you. For example, if you were seeking $500,000 but were considered to be 20% at fault, you would be eligible to collect $400,000.
It is important to note that you should not accept any blame before carefully reviewing the details of your crash with a personal injury lawyer. The trucking company or their insurer may be trying to blame you to limit their own liability.
Contact An Injury Attorney Serving Yuma, Wellton And Surrounding Areas
To speak with a lawyer in a free consultation, please contact The Smith Fila Law Firm in Yuma, Arizona. Just call 928-328-1361 or reach out online. We will work diligently at all stages of the legal process to get the best possible result in your case.
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