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Proving Truck Safety Failures in Truck Collisions


Proving Truck Safety Failures in Truck Collisions

  Truck safety failures can be proved through the use of experts and inspections.  Numerous causes of negligence can cause an accident.  Therefore, only the most diligent inspections can reveal the proximate cause of the collision, and alert similar companies to follow better practices.  

Investigation After a Truck Accident

At the Lara Law Firm we thoroughly investigate every truck accident case that comes through our office.  The truck, or the components of the truck, not just the truck driver may have caused the accident.  Further, the commercial truck driver may have been negligent in driving over the speed limit, over the hours of time allowed under the law, or may have simply been tired and inattentive at the time of the accident. Proving truck safety failures can be difficult without the use of an expert witness. Trucking companies have high exposure limits when involved in an accident, so they have highly trained insurance adjusters and lawyers who investigate their losses.  Thus, when you are injured in a truck accident, it is vital to have someone with the resources that the Lara Law Firm can provide you with. Our firm can effectively investigate your truck accident and determine what parties were negligent in your loss.  Whether it was the driver, poor maintenance, improper loading of the cargo or a combination of these, our firm will pursue the trucking company to ensure you obtain the compensation you are entitled to.  

Example of Proximate Cause

What is proximate cause? An example of this analysis is presented in a case where an unlicensed driver's negligent driving eight days after the car was entrusted to her was neither abnormal nor extraordinary in hindsight.  Where cause-in-fact exists, remoteness in time and space do not defeat proximate cause. Keeton et al., supra, ยง 36, at 282-83.  The Arizona legislature declared by the enactment of A.R.S. section 28-477(B) that renting automobiles to unlicensed drivers increases the risk of harm to the public.  The Arizona Court of Appeals held that it could not, as a matter of law, state that the driver's negligence a week later was outside the scope of the risk created by the vehicle owner's conduct in failing to investigate the reason for the driver's lack of a license. See Rosholdsell v. Volkswagen of Am., 147 Ariz. 160, 169, 709 P.2d 517, 526 (1985), cert. denied, 476 U.S. 1108, 106 S.Ct. 1957, 90 L.Ed.2d 365 (1986) (scope of risk due to original actor's negligence may include foreseeable negligent or criminal acts of others); Central Alarm of Tucson v. Ganem, 116 Ariz. 74, 77, 567 P.2d 1203, 1206 (App.1977) (intervening burglary "within the ambit of risk" created by original actor's negligence). See Tellez v. Saban, 188 Ariz. 165, 933 P.2d 1233 (Ariz. App. Div. 1, 1996).  

CONTACT OUR TUCSON LAW OFFICE We would like to help you if were injured in an accident with a commercial truck.  We have the experience and resources necessary to help you pursue your claim in proving truck safety failures.  Contact the Lara Law Firm online, or by calling us at 520-577-0707 to set up a free consultation in our downtown Tucson office.

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Lara Law Firm

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