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Truck Injury FAQ


Truck Injury FAQ

Understanding Your Rights After a Trucking Accident   [intlink id="96" type="page" anchor="Truck accidents"]Truck accidents[/intlink] cause more damage and more personal injuries than collisions between passenger vehicles.  This is so because commercial trucks are much heavier than passenger vehicles and easily lose control of the road after an accident.  The injuries from a truck accident can be devastating and permanent, and other vehicles and drivers near the scene of the accident may also be injured.   Truck drivers may be under pressure to meet a deadline, and may be overworked.  A common problem in the industry is the failure of truck drivers to adhere to the hour driving limits, thereby leaving drivers tired and sleepy.  This is a very dangerous condition given the magnitude of the damage that their trucks can cause.   After being involved in an accident with a commercial truck, you need to secure your rights to sue.  Presenting your claim in court as soon as possible will allow you to take the depositions of witnesses and defendants.  It will also allow you to preserve company records before they are destroyed.  It is wise to seek legal assistance for yourself or for your loved ones before this information is lost, or witnesses cannot be secured.  

A Tucson Personal Injury Attorney Can Assist You

  At the Lara Law Firm, a Tucson personal injury attorney from our firm will know how to answer any and all questions you may have about your case.  Trucking accidents can cause serious injuries and claims should be pursued aggressively.  Contact a Tucson trucking accident lawyer from our law firm today.  

Other Truck Injury FAQ: 

  • What is the Time Limit for Filing a Trucking Accident Lawsuit?  In Arizona, you have 2 years to sue after an accident, or 2 years after you discover that you have been injured.  The same time limitation applies to a wrongful death claim.  This means that a plaintiff has to take legal action within this time, or the claim is forever barred.  In some cases, this time period may be "tolled" because the injury victim was under a condition such as minority or imprisonment.  It is important, therefore, to report your claim with the insurance company shortly after the accident, and to hire an attorney experienced in these cases.  If you are not sure whether you can sue in your case, call us and we can review your case.  All of our services and consults are not charged to the client.
  • How Long Can Truckers Be On The Road?  The Federal Motor Carrier Safety Administration (FMCSA) regulates the number of hours that truckers can be on the road. The number of hours that can be driven on a single run are limited, and these hours must be tracked by the driver and his or her company. A trucker can be driving on the road for no more than 11 hours, then the driver must be off the road for 10 hours before returning to work. If a trucker has been on the road for more than 11 hours, he or she can be held liable for negligence. The driver's company can also be held responsible for the accident if it can be proved that it encouraged the driver to violate these regulations.
  • Can I Still Recover Damages if I am Partially at Fault?  Commercial truck insurance carriers may attempt to limit their liability by claiming that the injured plaintiff was also partially liable for the accident.  Arizona follows a purely comparative negligence model; this means that if the plaintiff is 90% negligent, then the defendant will only be responsible for paying for 10% of the plaintiff's damages.  Defense attorneys will attempt to place as much blame as possible on the plaintiff, to limit their liability and payment to the plaintiff.

More on this Topic--When You Are Partially Liable in a Commercial Truck Wreck

  You should be compensated for your injuries even if you are partially responsible for causing the accident.  Arizona's pure comparative laws allow you to recover the amount of damages in proportion to the defendant's negligence.  Your medical bills and the damage to your vehicle should be paid.  For this reason, disputing liability becomes one of the most litigated factors in personal injury cases.  The jury will assess liability after the presentation of evidence and testimony at trial.   CONTACT OUR OFFICE   You may contact our office if you have any questions.   Truck injury cases are inherently difficult and expensive to litigate.  Nevertheless, we pay all expenses before your case settles or before you go to trial.  

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