If you’re involved in a truck accident in Arizona, understanding your rights and the necessary steps to take is crucial due to the complex nature of these incidents. Here’s a comprehensive guide to help you navigate the aftermath.
1. Immediate Actions After a Truck Accident
Seek Medical Assistance:
Immediately after encountering a truck accident in Arizona, your top priority should be seeking medical attention by contacting the nearest hospital or informing emergency services.
Ensure Safety and Call 911:
As a citizen of Arizona, involving the police and official authorities should be your utmost priority.
Document the Scene:
Take videos and photographs of the scene, the damaged vehicle, and any visible evidence to strengthen your case.
Report the Truck Accident:
Arizona law mandates reporting accidents that result in injury, death, or significant property damage.
2. Understanding Liability and Legal Considerations
Determining fault and liability in a truck accident can be a little difficult since there are multiple parties involved:
Truck Drivers:
May be at fault due to negligence, fatigue, or reckless driving.
Trucking Companies:
Can be liable for poor training, overworking drivers, or failing to enforce safety standards leading to major truck accidents.
Manufacturer:
A defect in the truck caused during the manufacturing process makes the manufacturer equally responsible for the truck accident.
Third Parties:
Responsibility might also have to be borne by entities loading cargo or maintaining the vehicle.
Arizona follows a “pure comparative fault” rule, meaning compensation can be reduced based on your level of fault, but you can still recover damages even if you were primarily at fault
3. Filing a Claim and Seeking Compensation
Consult a Successful Arizona Lawyer:
Hiring a competent attorney experienced in handling truck accident cases can improve your chances of receiving fair compensation.
Gather Evidence:
Collect medical records and every other legal document necessary to file the personal injury claim.
File Within the Statute of Limitations:
Arizona law limits the time for filing a personal injury claim to 2 years. A personal injury claim related to truck accidents should be filed within this timeframe.
Compensation May Cover:
Medical expenses, lost wages, pain and suffering, property damage, and more depending on the circumstances of the accident.
4. Preventive Measures for Drivers
Maintain Safe Distance:
Trucks are large, heavy vehicles that require more time to stop. Keep a safe distance to avoid collisions.
Avoid Blind Spots:
Going into areas where truck drivers cannot see you might lead to major truck accidents.
Be Cautious During Lane Changes:
Ensure clear visibility and signal intentions well in advance.
FAQs
Q: What if I didn’t realize I was injured until days after the accident—can I still file a claim in Arizona?
Yes. Some injuries surface later. As long as you’re within Arizona’s 2-year statute of limitations, you can still file a claim. It’s important to seek medical care and legal guidance as soon as symptoms arise.
Q: Can I recover compensation if I was partially at fault for the accident?
Yes. Arizona follows a pure comparative negligence system, meaning you can still recover compensation even if you were up to 99% at fault—your compensation will just be reduced based on your percentage of fault.
