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How Is Fault Determined in a Truck Accident in Arizona?

How Is Fault Determined in a Truck Accident in Arizona?

David Shapiro Law Team March 22, 2022 Personal injury,Trucking Accidents

According to the Federal Motor Carrier Safety Administration (FMCSA), there were 158,120 large truck and bus accidents in 2021*.

Of that number, the FMCSA determined 73,068 serious injuries and 4,377 accidents resulted in at least one fatality. Roughly, this equates to 433 collisions, 200 major injuries, and 12 deaths each day.

When you’re in a truck accident that was not your fault, you deserve justice. When it comes to at-fault truck accidents, negligent parties from truck drivers, truck companies, and truck manufacturers should be held responsible.

While you may not have the time, energy, or strength to advocate for yourself, the attorneys of David Shapiro Law, PLLC will fight for you. We’re truck accident lawyers specializing in commercial and semi-truck accidents in Phoenix and surrounding areas. Request your free legal consultation today.

What Vehicles Qualify as “Trucks”?

If you’re unsure if you’ve been in a truck accident, the experienced team at David Shapiro Law, PLLC is available to help.

When it comes to commercial collisions, the following qualifies as a truck:

  • Vehicles with a weight rating of 26,001+ points
  • Seating to transport more than eight passengers (compensated)
  • Seating to transport 15+ passengers (not compensated)
  • Vehicles with a bed/trailer for large transport
  • Vehicles with a bed/trailer for hazardous material

This includes but isn’t limited to semi-trucks, construction trucks, garbage trucks, delivery vans, or any vehicle owned by a business.

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Causes of Truck Accidents in Arizona

Unfortunately, human behavior is among the biggest reasons for truck accidents. This means under most circumstances, severe and fatal truck accidents are preventable.

Let’s review the top 5 reasons for truck accidents:

  1. Fatigue
    While laws are in place to regulate safe driving, truck drivers pressured to meet deadlines break safety mandates.
  2. Speeding
    Commercial vehicles weigh much more than standard vehicles, meaning it takes longer to react and slow down.
  3. Distracted driving
    This is just as common in auto collisions as it is in commercial collisions. Taking your eyes off the road for even one second can be fatal.
  4. Improper cargo loading
    Again, regulations are put in place to prevent companies from overloading their rigs and vans.
  5. Faulty vehicle components
    In this instance, the trucking company or manufacturer would be at fault.

 

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Determining Fault in a Trucking Accident in Arizona

Finding fault in a commercial truck accident is all about gathering enough evidence to validate your claim. This is why acquiring documentation should start as soon as possible.

Don’t let the at-fault party talk you out of contacting the police. Calling the authorities is essential to securing an official and detailed scene report.

When the authorities and/or ambulance arrive on-scene, they’ll document the following:

  • At-fault driver’s information
  • Insurance details
  • Wrong-doing/citations
  • Witness names and contact information
  • Weather conditions
  • Vehicle damages
  • Injuries

This type of on-scene evidence helps insurance companies determine who caused the crash. A crafty and skilled attorney may also gather the following:

  • Surveillance (from traffic systems or nearby homes and businesses)
  • Vehicle black box
  • Cell phone records
  • Criminal reports post-incident

Is Arizona a No-Fault State?

When navigating a vehicle collision, Arizona abides by a fault-based system. Meaning, the person(s) deemed responsible for causing the accident is liable for property damage and personal injuries.

In a no-fault state, each driver would contact her/his insurance company for coverage. Essentially, placing blame is irrelevant.

If you or a loved one were hit by a commercial vehicle, the employee and employer need to be held accountable. Secure the compensation you deserve with David Shapiro Law, PLLC. We specialize in personal injury law and we’ll provide the legal support you need.

Are Truck Drivers Always At Fault for Truck Accidents?

Just because your vehicle collided with a commercial vehicle does not mean the truck driver is responsible. There are a number of instances when a truck driver is not liable for the accident. This is why hiring an experienced litigator is so important. If several parties played a role in your wreck, a qualified lawyer can help determine who is to blame.

Listed below are is an example of when the truck operator is not to blame:

  • Unknown medical condition
  • Delays reactions
  • Impacts the driver’s ability to control the rig
  • Effects the driver’s decision-making ability

Call David Shapiro for Free a Consultation

It’s no secret: suffering a catastrophic injury due to a truck collision is life-changing. Commercial truck injuries are often serious and should always be treated with absolute care. Unfortunately, determining liability is not as easy as it may seem.

If you’ve been hurt in Arizona, it’s in your best interest to know all of your legal options, especially if your case is ongoing or has yet to begin. Hire a qualified litigator to get the truck accident settlement you deserve. Get in touch with the legal experts at David Shapiro Law, PLLC, a trusted personal injury law firm in Scottsdale, Arizona. Call (480) 725-2250 or visit our website to schedule your free consultation today.

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