Frequently Asked Questions About Truck Accidents in Arizona
A Gilbert, AZ attorney who can help you find answers
Life can get much more complicated when you’ve been hurt in a truck accident. You need medical treatment and may have to spend time in the hospital. You may be unable to work and there is less income coming in. You’re not sure what to do next. All you have are questions. We can help you get answers.
Attorney Byron Browne of Browne Law Group understands this is a difficult time for you and your family. That’s why he has dedicated his practice to fighting for the injured in Gilbert and all of Maricopa County. When insurance companies fight your claim, he is not afraid to fight back to recover the compensation you deserve.
- Are truck accident cases more complicated?
- Who can be found negligent in a truck accident?
- What should I do after a truck accident?
- How much money can I get in a truck accident settlement?
- Can I ask the insurance company for more money than they are offering?
- What if the truck accident was partly my fault?
- How long do I have to file a lawsuit?
- Do I need a lawyer after a truck accident?
- What if I will need more medical treatment in the future?
- How long will it take to resolve my case?
If you’ve been hurt in a truck accident in Arizona, we can help. Get answers to your questions. Attorney Byron Browne can review the details of your crash and go over your legal options for recovering compensation. Contact us to schedule a free consultation at our Gilbert office. Or we can meet you at your home or hospital room.
Claims involving truck accidents are typically more complicated than those involving car crashes. There are often multiple parties involved in a truck accident: the driver, the trucking company, the owner of the trailer, the owner of the cargo, the company that loaded the cargo, and in some cases, the manufacturer of the truck or parts on the truck. Some of these parties may be located in another state. Each of these parties may have policies with different insurance companies and have their own lawyers.
There are also many different state and federal laws and regulations that drivers and trucking companies need to follow. Another reason truck accident cases are complicated is that insurance companies aggressively fight claims for compensation. They know there’s a lot of money at stake. Our firm has experience handling these complex cases and we know how to get results.
Who can be found negligent in a truck accident?
There can be several parties whose negligence may have caused your accident. A truck driver may have been speeding on the highway or texting behind the wheel. A trucking company may have failed to make needed repairs on a truck. The company that loaded the cargo may not have secured it properly. In some cases, the manufacturer and distributor of defective tires or brakes are found negligent. An experienced attorney can help you identify negligent parties in your accident and hold them accountable.
What should I do after a truck accident?
There are steps you can take that can help protect your health and safety, as well as your right to recover financial compensation. If you are able to do so, take these steps:
- Call the police. Officers from local law enforcement or the state police will respond. They will secure the scene and get help for the injured. Officers will also complete an accident report that contains important information about the crash. This can be useful when you are seeking compensation.
- Get medical attention. Do this even if you seem to be OK. Some injuries have delayed symptoms. A doctor can diagnose any injuries you have and begin treatment. Your injuries will also be documented.
- Gather information. Ask for the name, contact information, insurance company, and employer of the truck driver in the crash. Do this for any witnesses, as well.
- Take photos. If you can, take photos and videos of the accident scene. This includes photos of the damage to both vehicles, as well as any visible injuries you have.
- Write down what happened. When you get a chance, write down your account of the accident. Include every detail that comes to your mind.
- Call a truck accident lawyer. It’s important to get legal advice as soon as possible. A lawyer can go over your rights and options.
How much money can I get in a truck accident settlement?
Each case is different. There are many factors that can influence the amount of compensation you can recover in a settlement or jury verdict. These include the details of your crash, the type and severity of your injuries, the amount of lost income, the total cost of your current and future medical expenses, and insurance policy limits. An experienced attorney will determine all of the damages you have suffered and fight to recover maximum compensation.
Can I ask the insurance company for more money than they are offering?
Yes, you can! The insurance company may contact you at some point with a settlement offer. It can be very tempting to accept that offer as your medical expenses are adding up, especially if you can’t work. You may just want the whole process to be over so you can move on. But you shouldn’t have to settle for what’s less than fair. The insurance company offer won’t come close to covering all of your damages. They’re just trying to save money. You can definitely ask for more. If you have an experienced truck accident lawyer on your side, you are more likely to get it.
What if the truck accident was partly my fault?
Under Arizona’s comparative negligence system, you can still recover compensation for the damages you suffered. However, the amount of compensation will be reduced by your percentage of fault. For example, a jury awards you $100,000 in a truck accident, but you are found 40% at fault. Your recovery would be $60,000. Insurance companies know how this system works. That’s why they may try to put as much blame as possible on you. An experienced lawyer can investigate your crash and gather evidence that proves that you were hurt due to another party’s negligence.
How long do I have to file a lawsuit?
In Arizona, the statute of limitations (legal deadline) for taking legal action if you’re injured in a truck accident is generally two years from the date of the accident. If you lost a loved one in a fatal truck accident, then the statute of limitations is two years from the date of death.
That may seem like you have plenty of time, but it’s better to get started sooner rather than later. It can take several months to gather evidence to build a strong case. Much of that evidence is controlled by the trucking company. This includes hours of service (HOS) logs, information from the truck’s event data recorder (EDR), maintenance records, and employment records. Witnesses can also forget important details as time goes by. That’s why you should get legal advice as soon as possible after you’ve been in a truck accident.
Do I need a lawyer after a truck accident?
You are not required to have one. But keep in mind that trucking companies and insurance companies have lawyers. And their job is to try to find ways to pay you as little as possible. Insurance companies have the advantage after a crash, and they know it. They won’t hesitate to use tactics designed to minimize your claim.
An experienced truck accident attorney will know how to investigate your accident to gather evidence that proves negligence. Your lawyer can also deal directly with the insurance company and negotiate a settlement that meets your needs.
What if I will need more medical treatment in the future?
This is fairly common after a truck accident. Victims can suffer serious injuries that may require future surgeries or other treatment. An attorney will closely monitor the progress of your recovery and carefully review your medical records. You have the right to seek compensation for the future medical expenses you will be facing for your accident-related injuries. Without this compensation, you will be responsible for paying for future medical treatment.
How long will it take to resolve my case?
This will depend on many different factors. Truck accident cases can be complicated. It may take time to identify the negligent parties and build a strong case that proves negligence. Negotiations with insurance companies about compensation can also take time. Insurance companies will often aggressively fight claims following a truck accident to try to minimize compensation. In some cases, it may be possible to resolve a case within several months. But in more complex cases, it may take a year or more. An attorney can give you a better idea of what to expect in your situation.