Gilbert Truck Accident Lawyer
Gilbert Truck Accident Lawyer
Our Gilbert truck accident lawyers at The Law Office of Erica Gelfand are committed to ensuring those responsible for truck accidents are held accountable. Our semi truck accident lawyers can give aid and support to you and your family after a devastating incident such as a truck crash in Gilbert, which may lead to severe injuries or the death of a loved one. Find out how we can help by speaking with one of our knowledgeable attorneys. We provide customized legal services for injury victims, fighting insurance companies to get the best results.
We offer a contingency fee basis for our firm, meaning that no payment is necessary unless your truck accident lawyer obtains financial compensation.
A Gilbert Truck Accident Lawyer Can Provide What Kind Of Assistance?
Investigating the benefits of obtaining legal counsel is a prudent move for those involved in trucking accidents. A Gilbert personal injury lawyer with expertise in handling such scenarios can be a tremendous aid during this trying time. Victims may suffer serious, even devastating physical injuries and an attorney can help them receive the remuneration they are due.
A lawyer who is well-versed in truck accident instances can give you the assistance required to go through the aftermath of a crash. Your attorney will manage legal matters while you and your family concentrate on healing, and they’ll be relentless in asking for the remuneration that is deserved. This may incorporate responding to inquiries, researching completely, recognizing all parties responsible, assembling proof, defeating defenses such as comparative negligence, and settling for sensible fiscal recompense.
Arizona law mandates that the person or entity primarily responsible for a truck accident must pay for any damages incurred, according to the fault-based insurance system. A Gilbert truck accident lawyer is necessary to deduce who is liable and can do so by investigating the crash scene and inspecting evidence. Typical causes of commercial truck accidents in Gilbert include: distracted driving, speeding, driver fatigue, drug/alcohol use, tailgating, ignoring traffic signals, improper lane changes, inadequate vehicle maintenance, truck malfunctions/breakdowns and cargo dropping off.
Those operating big rigs must be highly attentive, cautious, and skilled; unfortunately, some truckers neglect their responsibilities and cause devastating collisions. At other times, the company overseeing the truck may not be taking necessary precautions which can lead to mechanical issues such as brake failures or tire blowouts. If you’ve been in a truck accident our Gilbert based attorneys are able to determine who is at fault through thorough investigation of the incident.
The Federal Government Has Implemented Laws In Regards To Trucking That Are Related To Truck Accidents
Many federal laws regulate truck drivers and their associated companies (common carriers) for the purpose of enhancing safety and decreasing the potential for accidents. Violating these regulations may lead to unsafe vehicles, hazardous operators, and collisions. Some of these federal trucking regulations include:
When filing an accident claim, it is important to consider the federal trucking laws, such as licensing requirements, additional knowledge and skills tests, hours-of-service regulations to limit a driver’s daily driving time, alcohol and drug testing at random or after an accident, rules for securing cargo/heavy loads/hazmat securely to avoid lost cargo loads and vehicle inspection/repair requirements for proper functioning. If any of these laws were violated by the trucking company or driver involved in the crash, then there may be grounds to file a negligence per se claim.
At the Law Office of Erica Gelfand, those in Gilbert looking for compensation due to an injury can get help. This type of legal action does not require evidence of fault, other than a violation of law. Their guidance can be used to decide out the grounds for a claim.
Truck Accidents Often Result In Injuries, Such As:
The Federal Motor Carrier Safety Administration reported an increase of 5% in injuries caused by large trucks, from 107,000 in 2017 to 112,000 in 2018. The severity of these injuries is heavily dependent on the mechanics of the crash, such as what part of the vehicle was struck, how the vehicles collided and at what speed they impacted each other. Generally speaking, collisions involving tractor trailers are usually more destructive than those involving commercial vehicles.
Injuries including bone fractures, penetrating wounds, blunt force trauma, bruising and contusions, muscle and soft-tissue damage, back and spinal cord harm, whiplash impacts, traumatic brain injuries, burns, lacerations and amputation may occur as well as internal injuries.
If you have endured long-term disfigurement, disability, or scarring due to a truck accident in Maricopa County’s Gilbert area, it is imperative to work with a qualified truck accident attorney. Without their help, you may not be able to receive an appropriate settlement for future medical bills. Unfortunately, these collisions often lead to wrongful death cases since fatalities are common.
A “Catastrophic Injury” Is Defined As:
Catastrophic injury is a term used in personal injury law, referring to injuries with long-term or permanent effects. Examples include traumatic brain injuries, spinal cord injuries, paralysis and loss of limb or bodily function. For such serious injuries, an experienced Gilbert catastrophic injury lawyer should be consulted promptly in order to guarantee the injured party receives enough compensation for future medical care and lost income over their lifetime.
In Arizona, Who Is Responsible For A Truck Accident?
If you or your family members have suffered a serious injury due to a truck crash, ascertaining the legal responsibility of someone else can bring you justice as well as financial compensation. To begin this process, it is essential to be aware of the laws in your state. In Arizona, when it comes to car accidents, it is an “at-fault” jurisdiction; therefore, someone who has been injured must demonstrate another individual’s fault in order to be given monetary recompense for their losses.
The second step in determining responsibility for the truck accident is identifying who or what is to blame. It could be a single person or multiple entities. If any of the following were at play, then the truck driver could be held liable: violating traffic regulations, driving too fast, not paying attention, driving under the influence of drugs/alcohol, failing to yield right-of-way, running a red light signal, making an illegal turn, disregarding hours-of-service rules or operating while drowsy.
The trucking company may be liable for a truck accident if the driver is at fault, because of vicarious liability. Negligence on their part- such as hiring an unqualified driver, not maintaining their fleet correctly, or disregarding federal safety laws- can also make them accountable. In some cases, third parties like a truck part manufacturer or government might be responsible too.
What Does Comparative Negligence Mean?
In Gilbert, comparative negligence may be utilized during a truck accident lawsuit, where the defense attorney tries to reduce the defendant’s fault in the crash by alleging that the plaintiff is partly responsible. Nevertheless, in Arizona, comparative fault does not obstruct a plaintiff from being monetarily compensated.
Per Arizona Revised Statutes Section 12-2505, comparative fault does not impede a claimant’s right to pursue legal action; however, the amount of damages they receive is adjusted based on the degree of their own fault. For instance, if an individual is found to be 10% liable for a truck accident that caused injuries, their financial compensation from the accident would decrease by 20%, reducing a $1 million reward to $800,000.
In Arizona, working with an attorney can help you minimize your comparative fault and increase the amount of financial compensation you receive. The state follows a pure comparative negligence law, so even if you are responsible for 99% of the accident, you still have a chance to make a partial recovery. To make sure that your financial reward is at its maximum potential, it’s important to team up with an attorney.
In A Case Involving A Trucking Accident, What Type Of Evidence Is Used?
In order for a successful personal injury case, the claimant must provide sufficient evidence that verifies their claim. This is termed as “preponderance of evidence” and calls for at least 50% certainty of the defendant’s fault. Therefore, it’s essential to have enough proof for an insurance claim or to convince courts of culpability in order for your Gilbert truck accident lawyer to be successful.
In the case of commercial trucking accidents, the evidence available to support a claimant’s argument is different from that usually seen in regular car crash cases. This evidence may include: the black box from the truck; maintenance records of the trucking company; employment documents of said company; driving and medical records of the driver; cell phone logs; and compliance history with regulations of said business.
Time is of the essence when it comes to contacting an attorney, since they must preserve any key evidence before the trucking company has a chance to manipulate or destroy it. Your lawyer can assist you with this task, in addition to obtaining common evidence like police reports, pictures, witness accounts and professional testimony. By having a solid foundation of proof for your case, your personal injury lawyer can make an argument for compensation.
The Time Limit For Filing A Claim Related To A Truck Accident In Arizona Is Outlined By The Statute Of Limitations
In Arizona, all automobile accident claims must be filed within two years of the occurrence to be valid. Usually, this time period begins from the date of the incident; however, if an injury is found after-the-fact, two years are given from then on for filing. Otherwise, any right to seek financial compensation is lost.
Arizona claimants have a 180-day window in which to file lawsuits against the government in the event of wrongful death from an accident. To be certain that your case is within the time limit, contact a truck accident attorney in Gilbert right away.
Compensation For Truck Accidents Is Available In Arizona
Although it is impossible to place a monetary value on physical harm and mental anguish, obtaining appropriate recompense from trucking companies or other responsible parties can bring finality to your family’s situation, as well as the money needed for recovery. This compensation could be in 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
A Gilbert truck accident lawyer can provide you with a detailed assessment of the value of your claim, taking into account the extent of any injuries sustained. The attorney will work to attain the highest possible reimbursement for you. A review with an attorney is a great way to understand how much your lawsuit is worth.
Schedule A Complimentary Consultation With An Experienced Truck Accident Attorney In Gilbert, Arizona
The Law Office of Erica Gelfand is an Arizona-based plaintiff’s law firm with a strong standing and expertise in complex personal injury cases. Our attorneys can provide assistance if you were hurt in a truck accident occurring in Gilbert or Scottsdale, defending your rights. You are welcome to contact us online or dial (480) 947-3525 for a complimentary initial consultation and we will assist you through all phases of the legal system from beginning to end.
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