Large, 18-wheeled trucks loom over normal passenger vehicles on the highways. Weighing nearly 30 times more than the average four-door car, the driving of these trucks is heavily regulated. Drivers must adhere to strict hours of service requirements, maintenance schedules, and go through certain training before they are allowed to operate commercial trucks on the road. This is to help minimize the risk of a crash.
In the case of an accident due to a reckless truck driver, the company is almost always held liable for their employee’s actions. Under a legal doctrine known as respondeat superior, the trucking company assumes responsibility for their employees, including any accident or injury their reckless actions cause. When navigating the aftermath of a trucking accident and a personal injury claim, reach out to our team at Jensen Phelan Law Firm today.
As is the case with other forms of auto collisions, the at-fault party’s insurance company is often ultimately held liable for the accident. In the case of a trucking accident, this will be the trucking company’s insurance. Liability is established by demonstrating that negligence has occurred. Your attorney will collect relevant evidence to detail that:
Arizona follows pure comparative negligence laws which means liability can be shared by more than one party. If you are found to be partially at fault for the accident, you can still recover damages as long as you are not held 100% responsible for the crash. It is important to note that your damages will be adjusted in proportion to the percentages of fault.
When the trucking company has been reckless and directly caused an accident, they can directly be held liable for their actions. Common ways that a trucking company shows negligence include:
Some of these issues may be partially the fault of another company’s carelessness, like a repair shop or a shipping company. In this case, liability may be shared between the two or more parties. Similarly, if the accident is the direct fault of the driver and their blatant disregard for following their imposed rules or regulations, the trucking company may still be held responsible for their employees’ actions due to vicarious liability. Respondeat superior gives the victim of the accident the opportunity to hold the driver’s company accountable for the actions of their employees.
The aftermath of a trucking accident can be catastrophic and result in mounds of medical bills and lost wages due to the inability to work. For your best chance of recovering fair compensation, you should retain the best injury lawyer you can find, such as Jensen Phelan Law Firm. Since 1974, we have recovered millions of dollars for our clients. Our client-first approach to personal injury means having an aggressive and knowledgeable attorney by your side throughout every step of the process, from the first consultation to the final settlement agreement.
For a free case evaluation and explanation of your rights with a firm that proudly offers over 65 years of combined experience, fill out an online contact form or call our office at (928) 778-2660 or (520) 344-7484.
