Who is Liable for a Commercial Truck Accident in Arizona?

Truck accidents in Arizona are often the result of:

• Drowsy driving: Truck drivers often have demanding schedules and may drive for extended periods without adequate rest, leading to fatigue. Drowsiness can significantly impair reaction time, judgment, and overall driving ability.
• Distracted driving: Common truck driver distractions include using a mobile phone, eating, and using a navigation system. These distractions take drivers’ attention away from the road and often lead to serious crashes.
• Impaired driving: Driving under the influence of alcohol, drugs, or other substances is a significant risk factor for truck accidents. That’s despite efforts to screen truck drivers for drug use.
• Improper loading: Overloading trucks or improperly secured cargo can lead to imbalances. This can make a truck difficult to control and increase the risk of rollovers or cargo spillage.
• Equipment failure: Large trucks may experience brake failure, tire blowouts, steering issues, or other mechanical problems. Regular maintenance is crucial to prevent such issues.
• Inexperienced drivers: Inexperienced truck drivers may not be well-prepared to handle a large vehicle, especially in challenging conditions. Insufficient training in safety practices, vehicle operation, and load securing can lead to serious truck accidents.

Determining liability in a truck accident is a complex process and often involves examining various aspects such as driver behavior, vehicle maintenance, and road conditions. Potentially responsible parties include:

• Truck driver: If the truck accident was caused by driver error, such as speeding, distracted driving, fatigue, impaired driving, or non-compliance with traffic laws, the truck driver can be held responsible.
• Trucking company: The company that employs the truck driver can be held liable. This is common when a truck accident results from inadequate driver training, negligent hiring practices, or pressure on drivers to meet unrealistic schedules that lead to speeding or driving without adequate rest.
• Owner of the truck: If the truck is owned by an entity different from the trucking company, that owner can be liable, especially if the truck accident was due to poor vehicle maintenance or equipment failure.
• Cargo loaders and shippers: If improper loading or overloading of the truck’s cargo contributed to a crash (for example, causing a rollover or cargo spill), the party responsible for loading the truck might be liable.
• Vehicle or parts manufacturers: If a defect in the truck or one of its components (e.g., brakes or tires) led to a truck accident, the manufacturer of the vehicle or the faulty part can be held responsible.

To prove negligence or fault in a truck accident, certain key criteria must be met. These are the foundational elements of a negligence claim, and they are generally consistent across personal injury and vehicle accident cases:

• Duty of care: It must be established that the at-fault party owed a duty of care to the person injured in a crash. In the context of truck driving, this duty includes driving safely, adhering to traffic laws, and following industry regulations.
• Breach of duty: If you were hurt in a truck accident, you must demonstrate that the at-fault party breached this duty of care. This could involve showing that the truck driver was speeding, driving recklessly, or violating safety regulations. For trucking companies, a breach might include inadequate maintenance of vehicles, failure to ensure drivers comply with hours-of-service regulations, or negligent hiring practices.
• Causation: You must prove that the at-fault party’s breach of duty directly caused the truck accident. This means showing a clear link between the at-fault party’s actions (or inactions) and the truck accident. This would require an in-depth investigation and strong evidence.
• Damages: Finally, you must have suffered actual damages from the truck accident. These can be physical, emotional, or financial. This includes medical expenses, lost wages, pain and suffering, and property damage.

Determining fault in a truck accident involves a comprehensive investigation. Evidence typically includes:

• Police reports: Police responding to the crash scene will create a report that includes details of the truck accident, witness statements, and the officer's initial assessment of how and why the crash occurred.
• Eyewitness statements: Statements witnesses can provide crucial information about the events leading up to the collision and the collision itself.
• Truck driver's logs and records: The truck driver’s logs can provide information about the driver’s hours on the road and rest periods. This helps determine if fatigue played a role in the accident.
• Vehicle inspection reports: Inspecting the truck and other vehicles involved in the truck accident can reveal important information about potential mechanical failures or maintenance issues.
• Electronic data recorders (EDRs): Many trucks are equipped with EDRs or "black boxes." EDRs record data such as speed, brake application, and steering angles before and during a collision.
• Photographs and videos: Photos or videos from the truck accident scene may be taken by witnesses or traffic cameras. They can provide visual evidence of the circumstances surrounding the truck accident. If you’re able to, consider taking pictures of the crash scene.
• Expert analysis: Accident reconstruction experts can analyze the available data to piece together the sequence of events leading to the truck accident. They can provide insights into speed, vehicle dynamics, and the impact of road conditions.
• Company records: Investigating the trucking company’s records could uncover many issues. This includes negligent hiring practices, inadequate driver training, and failure to adhere to industry regulations.
• Mobile phone records: The truck driver’s cellphone records may indicate that the crash was caused by distracted driving.
• Toxicology reports: If impairment is suspected, toxicology reports from blood tests can be used to determine if alcohol or drugs were a factor.

There’s too much at stake to handle a truck accident case alone. You’re not just up against a driver and their insurance company. You’re dealing with a trucking company that pays high insurance premiums, as well as other potential parties involved. The insurance companies stand to lose potentially millions of dollars from a single truck accident.

At best, the insurance companies may offer a quick lowball settlement in hopes that you’ll take it. However, once you accept a settlement, you could find yourself stuck with additional costs and damages.

That’s why you need a strong Arizona truck accident lawyer on your side during the aftermath of a wreck.