Chandler Truck Accident Lawyer
Chandler Truck Accident Lawyer
At The Law Office of Erica Gelfand, our Chandler truck accident lawyers are determined to make sure those responsible for truck accidents are held accountable. Our semi truck accident lawyers can provide aid and support to you and your family after an unfortunate event such as a truck collision in Chandler, which has the potential to cause life-altering injuries or even the death of a loved one. Discover how we can help by consulting with one of our experienced attorneys.
The Law Office of Erica Gelfand offers personalized legal services for injury victims, standing up to insurance companies to win the best possible outcome. Additionally, our firm operates on a contingency fee basis, so you don’t have to pay any fee unless your truck accident attorney is successful in obtaining financial compensation.
What Assistance Can a Chandler Truck Accident Lawyer Provide?
If you’ve been in a trucking accident, it’s wise to consider the advantages of seeking legal representation. A Chandler personal injury attorney who is experienced in managing truck accident cases can be of great help during this difficult period. Victims often sustain serious to catastrophic physical harm, and an attorney can assist them with obtaining the compensation they deserve.
An attorney experienced in truck accident cases can provide you with the support you need to navigate the aftermath of a collision. Your lawyer will take care of legal matters while you and your family focus on recovery, and they’ll be tenacious in pursuing the compensation that is deserved. This might include answering questions, investigating thoroughly, identifying all parties responsible, gathering evidence, overcoming defenses like comparative negligence, and negotiating for reasonable financial recompense.
When it comes to determining who is liable for a truck accident, Arizona’s fault-based insurance law states that the person or party most responsible for causing the collision is obligated to pay for any resulting damages. To establish liability, a skilled Chandler car accident attorney can investigate the crash by returning to the scene and examining evidence. Some of the more usual causes of commercial truck accidents in Chandler include: distracted driving; speeding; driver fatigue; drug/alcohol impairment; tailgating; disregarding traffic signals; unsafe lane changes; inadequate vehicle maintenance; truck breakdowns/malfunctions; and cargo dropping off.
Operating a big rig requires tremendous attention, care and expertise; however, some truckers do not take their duties seriously which can result in severe traffic accidents. In other occasions, the trucking company may not utilize a reasonable amount of caution potentially leading to break failures and tire blowouts. If you have been involved in a truck accident our lawyers in Chandler, AZ are capable of identifying those responsible after carefully examining the cause of the crash.
Trucking Laws as Established by the Federal Government and their Relation to Truck Accidents
Truck drivers and their associated companies (common carriers) must comply with an array of federal laws, which are mainly concerned with safety and decreasing the risk of accidents. Breaking these laws can lead to unsafe vehicles, hazardous operators, and collisions. Here are only a few of the many federal trucking regulations:
Federal trucking laws, such as licensing requirements, additional knowledge and skills tests for commercial truck drivers, hours-of-service regulations that limit how many hours a driver can drive in a day, alcohol and drug testing at random and after accidents, rules for securing cargo, heavy loads and hazmat to minimize lost cargo loads and vehicle inspection/repair requirements to keep trucks in proper working condition are all important factors when it comes to filing an accident claim. If it can be proved that any of these laws were broken by the trucking company or driver involved in the accident then the individual may have reasonable grounds to file a negligence per se claim.
The Law Office of Erica Gelfand can provide assistance to Chandler individuals seeking compensation for an injury, as this legal doctrine does not necessitate proof of fault beyond the violation of a law. Determining the grounds for the claim can be done with their guidance.
Injuries Commonly Sustained in Truck Accidents
The Federal Motor Carrier Safety Administration reported a 5% rise in large truck injuries from 107,000 in 2017 to 112,000 in 2018. These injuries are contingent on the mechanics of the crash such as how both vehicles collided, which part of the car was struck, whether the victim was wearing a safety belt and the speed of impact. Generally speaking, tractor trailer accidents tend to be more destructive than commercial vehicle crashes.
A number of injuries may occur, such as bone fractures, penetrating injuries, blunt force trauma, bruising and contusions, muscle and soft-tissue damage, back and spinal cord harm, whiplash impacts, traumatic brain wounds, burns, lacerations, amputation and internal injuries.
In Chandler, if you suffer permanent scarring, disfigurement or disability due to a truck accident in Maricopa County, it is essential to obtain the services of an experienced truck accident lawyer. Without their assistance you may not be able to receive adequate compensation for latent medical needs. Unfortunately, many truck accidents result in wrongful death lawsuits as fatalities are common.
What is the Definition of a Catastrophic Injury?
In personal injury law, a catastrophic injury is defined as one that will have long-term or permanent consequences for the claimant. Examples include traumatic brain injuries, spinal cord injuries, paralysis and loss of limb or bodily function. These serious injuries warrant prompt attention from an experienced Chandler or Phoenix catastrophic injury attorney to ensure that the victim receives enough compensation to cover future medical care and lost earnings over a lifetime.
In Arizona, Who Holds Responsibility For A Truck Accident?
Discovering the legal culpability of someone else in relation to a truck crash can bring you and your relatives justice, as well as monetary recompense that is needed to get back on track following a severe personal injury. To begin with this process, knowing the legislation in your state is essential. Arizona is an at-fault jurisdiction for vehicular collisions; thus, an injured individual must prove another party’s liability in order to be monetarily compensated for their damages.
Identifying who or what is responsible for the truck accident is the second step. This might be one individual or multiple entities. The truck driver could be liable if any of these were factors: violating traffic law, speeding, driving while distracted, driving under the influence of drugs/alcohol, failure to give way, running a red light, taking an illegal turn, disregarding hours-of-service rules or driving while drowsy.
Vicarious liability is a rule that can make the trucking company liable for a truck accident if their driver is deemed to be at fault. The company itself could also be responsible due to negligence such as hiring an incompetent driver, not properly maintaining its fleet, encouraging drivers to break rules and disregarding federal safety laws. Lastly, it’s possible that third parties such as a truck part manufacturer or government could be held accountable depending on the case.
What is the Definition of Comparative Negligence?
The comparative negligence defense can be used during a truck accident lawsuit in Chandler and involves the defense attorney attempting to diminish the defendant’s responsibility for the accident by claiming that the plaintiff is also to blame. Nonetheless, in Arizona, comparative fault does not prohibit a plaintiff from being compensated financially.
According to the Arizona Revised Statutes Section 12-2505, a claimant’s right to action is not impeded by comparative fault; however, the amount of damages they receive will be reduced based on their own degree of fault. For example, if someone is found to be 10 percent responsible for a truck accident that resulted in injuries, then their financial recovery from the accident would be decreased by 10 percent. A $100,000 reward would then become $90,000.
An attorney can help you reduce your comparative fault and bolster your financial compensation in Arizona, which operates under the pure comparative negligence law. This law does not limit a claimant’s capacity to make a partial financial recovery based on their percentage of fault – even if it’s 99%. It is essential to work together with an attorney in order to maximize this potential.
In A Trucking Accident Case, What Kind Of Evidence Is Utilized?
When filing a personal injury case, the claimant must present accurate facts and documentation that indicate the veracity of their claim. This is known as a “preponderance of evidence,” which requires at least a 50 percent certainty that the defendant is culpable for the accident. Consequently, it’s important to have enough evidence to support an insurance claim or convince courts of fault in order for your truck accident lawyer in Chandler to be successful.
When it comes to commercial truck accidents, the evidence available to support a claimant’s case is distinct from what is typically seen in car accident cases. Such evidence may include: the truck’s black box; maintenance records of the trucking company; employment records of the company; driving history and medical history of the driver; cell phone records; and compliance history of the company.
It is crucial to contact a lawyer quickly so they can preserve key evidence before the trucking company has time to alter or destroy it. An attorney can help you with this in addition to gathering more typical types of evidence such as police reports, photographs, eyewitness statements and expert testimony. This way your personal injury lawyer can build a strong case based on the available evidence and argue for damages.
The Statute Of Limitations For Filing A Truck Accident Claim In Arizona Is Outlined
In Arizona, a Statute of Limitations requires all automobile accident claims to be filed within two years of the incident. If not done so, the right to seek financial compensation is forfeited. Generally, the clock starts running from the date of the accident; however, if an injury is discovered afterwards, two years are granted from that point on for filing a claim.
In Arizona, claimants have a limited time frame of 180 days to file lawsuits against the government. Furthermore, should wrongful death occur due to an accident, any resulting lawsuit must be brought within two years of the decedent’s death. To ensure your case meets its time limit, contact a truck accident attorney in Chandler immediately.
In Arizona, Truck Accidents Are Compensated For
It is impossible to assign a monetary value to physical injuries and emotional distress; however, getting just compensation from trucking companies or other liable parties can bring closure to your family, as well as providing the funds needed for recovery. Such recompense might take the form of:
Present and future medical costs
Repairs or replacement of damaged property,
Pain and suffering endured,
Loss of quality of life experienced,
Out-of-pocket expenses incurred,
Loss of consortium suffered by a partner in marriage or civil union,
An attorney can help you ascertain the value of your truck accident claim by assessing factors that are pertinent to your individual case, such as the extent of your injuries. A Chandler truck accident lawyer can then strive to attain the highest possible reimbursement for you. Requesting a review with an attorney is the most efficient way to determine what your lawsuit is worth.
Book a No-Fee Appointment With a Truck Accident Lawyer in Chandler, AZ
At The Law Office of Erica Gelfand, we are Arizona-based plaintiff’s attorneys with a good reputation and mastery of intricate personal injury matters. If you’ve sustained an injury in a truck accident in Chandler or need a Chandler or Scottsdale truck accident attorney, our lawyers can help you defend your rights. Reach out to us online or call (480) 947-3525 for a free first assessment and we’ll take you through the entire legal process from start to finish.
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