Since trucks are large and heavy, even minor accidents can cause severe injuries. Hundreds of thousands of people get hurt or die in truck crashes every year. If you sustained injuries in a truck accident, you may be able to recover damages.
Getting compensation after a truck crash requires a professional legal approach. By working with an experienced Tempe truck accident attorney from (firm name here), you are increasing your chances of getting the money you deserve.
What to Do After a Truck Accident
The first thing to do after a truck accident is to take care of your health. While collecting evidence at the crash site is important, doing so without getting medical attention is ill-advised. Once you get immediate help, you can start thinking about legal action.
File a Claim or Lawsuit
After the truck accident, you can file a claim against the at-fault party. To do that, you have to:
- Collect all evidence
- Speak to eyewitnesses
- Identify all responsible parties
- Obtain a police report
- Calculate the amount of damages
Once you file a claim with the at-fault party’s insurance company, you need to continue collecting evidence to build a strong case. If the liable party is uninsured or underinsured, you may need to file a direct lawsuit.
Consider an Attorney
Doing all the above without legal assistance minimizes your chances of obtaining fair compensation. Trucking companies and their insurance providers have teams of lawyers and decades of experience that help them avoid payouts.
That’s why you may want to consider hiring a Tempe truck accident attorney right after getting medical assistance. A legal professional can help you build a strong case and help recover fair compensation.
For a free legal consultation with a truck accidents lawyer serving Tempe, call 866-499-8989
Negligence in a Truck Accident Case
To recover any damages after a truck accident, you need to prove that the at-fault party acted negligently.
The first thing to do is to identify responsible parties. This may not always be easy since several people or entities may share liability.
- Truck driver
- Trucking company
- Pedestrians, car drivers, cyclists, motorcyclists
- Truck manufacturer
To find everyone responsible, you would need to conduct a detailed investigation of the accident.
Four Elements of Negligence
Once you figure out who is truly responsible for the crash, you need to collect evidence that they acted negligently. With this evidence, you would have to prove that:
- The liable party had a legal duty of care to you.
- The liable party breached that legal duty of care.
- You sustained injuries due to the breach of the legal duty of care.
- Injuries that you sustained led to damages.
You need to keep in mind that the liable party will do everything possible to prevent you from proving negligence. That’s why you need to be quick and professional about collecting evidence, speaking to witnesses, and presenting your case.
Arizona is a comparative negligence state. This means that if both parties are responsible for the accident, the payout is proportional to each party’s fault.
For example, a truck driver ran a red light and hit a speeding vehicle. The judge may decide that the truck driver was only 70% responsible for the accident while the speeding vehicle’s driver was 30% responsible. If the car driver files a claim for $100,000 in damages, they can only recover $70,000 (100,000 – 30%).
With this law in mind, at-fault parties will do their best to try and prove your partial fault in the accident to reduce the payout. With an experienced truck accident attorney on your side, you can avoid this issue or at least minimize the percentage of your fault.
Tempe Truck Accident Lawyer Near Me 866-499-8989
Do You Need a Truck Accident Attorney in Tempe?
In Arizona, there isn’t an obligation to hire a lawyer in order to recover damages. However, doing this without legal assistance can be complicated. Personal injury cases come with a variety of nuances that are hard to navigate. A Tempe truck accident lawyer can:
- Conduct an investigation in order to identify all liable parties.
- Prepare and file all the necessary paperwork.
- Collect all types of evidence.
- Negotiate with the insurance company.
- Present your case in court if necessary.
Tempe truck accident attorneys have experience working with local and national insurance adjusters. They know exactly how to negotiate the best deal.
Assistance with Negotiations
The majority of truck accident cases settle during negotiations with the insurance company. Insurance adjusters use all types of tactics to pressure the victim into accepting a low settlement. Without legal experience, countering such pressure is hard and emotionally taxing.
A truck accident lawyer in Tempe takes you through the entire case, provides valuable advice, and fights for the money you deserve.
Damages You Can Recover
If you can prove negligence in a truck accident case, you can seek the following damages:
- Economic damages – anything that has to do with tangible expenses, such as treatment costs, recovery costs, lost wages, loss of earning capacity, property damage, and more.
- Non-economic damages – anything that has to do with the loss of quality of life, such as pain, emotional distress, loss of consortium, loss of enjoyment of life, and more.
- Wrongful death damages – damages related to the loss of a loved one, including funeral costs, loss of support, loss of inheritance, and more.
- Punitive damages – damages the judge assigns to punish the liable party for outrageously negligent actions.
The amount you can recover depends on many factors, including the extent of your injuries, the amount of evidence you can collect, and the professional approach of your attorney.
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The Statute of Limitations in Arizona
After a truck accident, you only have a certain amount of time to file a claim. According to the Arizona statute of limitations, this period is two years.
When these two years are up, the judge may dismiss your claim immediately. However, some exceptions exist. Make sure to speak to an attorney to find out if they apply to you.
Talk to an Experienced Truck Accident Attorney in Tempe Today
Getting hurt in a truck accident is painful, overwhelming, and frightening. For some people, it’s life-changing. To get your life back on track, you can seek compensation from liable parties.
To do that, you may want to hire an attorney. An experienced Tempe truck accident lawyer from Zanes Law can help you build a strong case and recover the money you deserve. Contact us for a free case evaluation at any convenient time.