A truck driver may crash their vehicle into yours. If this happens, it may be best to consult with a Benson personal injury lawyer. By discussing your case with a Benson truck accident lawyer, you can review your legal options.
At Suzuki Law Offices, we have provided legal representation in thousands of federal cases. Our legal team can examine your case. To get started, contact us today.
Truck Laws
Commercial truckers are expected to follow posted speed limits. In Arizona, the maximum speed limit for large vehicles and vehicles with trailers is 65 miles per hour. Traveling faster than this speed puts a truck driver at risk of rollovers and tip-overs.
There are hours of service (HOS) regulations in effect for truck drivers and their employers. These rules limit the number of hours a trucker can spend driving their vehicle on a given day. If a truck operator keeps driving for a long time without a break, they may be prone to fatigue and exhaustion, which results in an accident.
It is the responsibility of a truck driver and their employer to follow state and federal regulations. At Suzuki Law Offices, we can help you seek damages if a truck accident happens because a trucker or their employer broke the law. To learn more, reach out to us.
Who Is Responsible for a Truck Accident
A trucker may make a mistake behind the wheel that leads to an accident. For example, if a truck driver takes their eyes off the road, they may not be able to stop quickly enough to prevent a collision. In this scenario, the truck operator may be liable.
Other parties that may be liable for a crash include a truck company, a cargo loader, and a vehicle manufacturer. A Benson truck accident attorney can review the facts of your case. From here, they can help you determine who is liable.
There are instances when it may be difficult to identify the party responsible for your accident. For instance, a company may hire a trucker as an independent contractor. If this driver gets into an accident, this individual or their employer may be at fault.
Proving Fault in a Truck Accident Case
Saying someone caused your accident is not enough to get compensation. You are responsible for the burden of proof. To show a party was liable, you must prove the following elements of negligence were present at the time of your collision:
- Duty of Care: An at-fault party had a legal obligation to follow the rules of the road and take other measures to protect you and others.
- Violation of Duty of Care: The party chose to ignore their obligation and put you and others in danger.
- Causation: The party’s actions led to your accident.
- Damages: You are dealing with losses due to the party’s actions.
A truck accident lawyer in Benson can help you craft an argument and gather evidence that shows the defendant is fully responsible for your crash. They can also teach you about Arizona’s law of pure comparative negligence. Based on this law, you may ask for damages, even if you are 99% liable for your collision.
Truck Accident Statute of Limitations
When it comes to an injury to a person, you may have only a finite amount of time to request compensation from an at-fault party. The statute of limitations for a personal injury claim in Arizona is two years. This means you may have a maximum of two years from the date of your truck collision to pursue damages.
You may ask for economic and non-economic damages. A judge or jury may award economic compensation for your medical bills and other losses you can quantify. You may receive non-economic damages for pain, suffering, and other subjective losses.
A truck accident attorney in Benson can help you calculate your damages. They may encourage you to pursue both types of compensation. If you file a claim, your attorney can work with you to prepare a case that shows a judge or jury you deserve 100% of the damages you are seeking.
How a Truck Accident Claim Works
Your attorney can help you submit your claim before the statute of limitations for doing so expires. Once you file your claim, you and your lawyer can gather evidence to support your request for damages. In the meantime, your attorney will represent you in communications with the at-fault party and their insurer.
A liable party or their insurance company may try to contact you in the hopes that you will speak on the record about your crash. If you get a call from either party, you may want to tell your attorney. Otherwise, you risk saying something that could compromise your case.
Throughout your litigation, your attorney can answer frequently asked questions and many others about legal topics. Your lawyer will advocate for you and protect your legal rights. If a trial is required to resolve your case, your Benson truck accident attorney will present your argument and explain to a judge or jury why you deserve the most damages possible.
Truck Accident Settlement
You may have the opportunity to settle your case. The defendant in your case may propose a settlement before your trial. If you get an offer, you may want to go over it with your Benson truck accident lawyer.
It may seem like it is in your best interests to approve a settlement offer, since this will give you money right away. Your attorney may encourage you to consider the short- and long-term ramifications of approving a proposal. If the offer does not provide you with adequate compensation to cover all of your losses, you may want to decline it.
Having a best-in-class legal team at your side is helpful as you weigh the pros and cons of accepting a settlement. You can share concerns and questions about the offer with this team. This can help you make an informed decision about the proposal that lines up with your best interests.
Seek Legal Help
You do not have to go through the process of requesting compensation after a truck crash on your own. The legal team at Suzuki Law Offices is available to help you out. To schedule a free consultation, contact us today.
Call or text (602) 682-5270 or complete a Free Case Evaluation form