How Is Fault Determined in a Truck Accident in AZ?

To obtain a financial recovery for injuries from a truck accident in Arizona, you will need to show that someone else was at fault for the crash. When you have a potential truck accident claim, it’s crucial to understand how the legal system determines fault.

If you have suffered severe injuries in an Arizona truck accident, reach out to Mushkatel, Gobbato, & Kile, P.L.L.C., to discuss the accident with an experienced Arizona truck accident lawyer. We’re ready to discuss how we can investigate the collision and gather the evidence needed to prove liability in your case. We offer consultations so you can learn about your options for seeking fair compensation for the injuries and losses you suffered due to the crash.

Don’t hesitate to contact us. We’re available to listen to your story and analyze how to build the strongest case possible.

Factors in Determining Fault for an Arizona Truck Crash

Some of the factors that could affect fault for a truck accident in Arizona include:

• The cause of the accident, such as whether the accident was due to a driver’s negligence or factors other than the driver’s error, such as defective truck design, poor vehicle maintenance, or dangerous road design.
• Whether multiple parties were at fault for the accident, such as multiple drivers playing a role in causing the crash, a trucking company having responsibility due to its negligent actions, or cargo loaders failing to secure a load properly.
• Whether the victim has any share of fault for causing the accident. In Arizona, you can still pursue compensation if you bear some of the responsibility for the crash, but your compensation would be reduced by your percentage of fault.

Types of Evidence in Arizona Truck Accident Cases

Examples of evidence that a claimant could use to establish fault for a truck accident include:

• Truck driver logs, which show how long a driver had spent on duty before the accident
• Logs from the truck’s electronic data recorder, a type of “black box” device that records information about the truck, such as GPS position, speed, engine operation, driver inputs, and in-cab camera footage
• Results from any alcohol or drug screens performed on the truck driver following the accident
• Surveillance or traffic camera videos
• Dashcam videos
• The load manifest, which shows what cargo the truck carried and how the cargo was loaded onto the truck
• Truck inspection and maintenance records
• Post-accident vehicle inspection reports
• Police officer accident reports
• Trucking company internal investigation reports
• Eyewitness statements

Our firm often works with accident reconstruction experts who can use all this evidence to prepare a written report or visual depiction of the crash to identify the causes of the accident and the responsible parties.

Does the Insurance Company Have the Final Say on Fault?

After a truck accident, you will likely begin the process of pursuing financial recovery for your injuries and losses by filing a claim with the insurance companies for the drivers involved. Whether the insurers offer compensation for your truck accident claim will depend on their determining fault for the accident. If the insurance providers conclude that the parties they insure did not cause the accident, the insurer will deny your claim.

However, insurance companies do not have the final say on fault. If the insurance company denies your truck accident claim, you have the option of filing a lawsuit to continue pursuing your case. In a lawsuit, the courts will determine fault for the accident.

Do I Bring a Suit Against the Driver or the Trucking Company?

While victims of other kinds of motor vehicle accidents, such as car accidents, typically file their claims against the drivers involved in the crash, a truck accident victim could bring a claim against the truck driver and other parties who may have liability for the accident.

Examples of parties that could bear liability for a truck crash:

• The truck driver

• The trucking company

• The truck’s owner, if not the driver or trucking company
• The freight company responsible for loading the cargo
• Third-party repair shops that perform maintenance on the truck
• The truck’s manufacturer or manufacturers of parts used on the truck

A truck driver could be liable for a truck accident entirely or in part due to the driver’s negligence or recklessness. That may include unsafe or negligent driving behaviors like speeding (exceeding the speed limit), texting while driving, or driving under the influence. It could also involve violations of state and federal trucking regulations, such as continuing to drive beyond hours-of-service limits or failing to inspect the truck or cargo before setting off.

A trucking company can be held liable for a truck driver’s negligence or recklessness if the company has an employer-employee relationship with the driver. A trucking company that employs a driver who causes an accident may be subject to vicarious liability for the driver’s behavior. The law may consider a truck driver an employee even if the trucking company uses an “independent contractor” label.

A trucking company can also be held liable for its own negligence that caused the truck accident, even if the driver was actually an independent contractor and not an employee. Examples of trucking company negligence include knowingly or negligently hiring a truck driver who posed a serious risk of causing a crash, failing to train or supervise drivers adequately, or ordering or encouraging drivers to engage in behaviors that violate traffic laws or trucking regulations.

What Is the Statute of Limitations for Truck Accident Claims in Arizona?

In Arizona, the Statute of Limitations typically gives victims only two years from the date of a truck accident to file a lawsuit for injuries and losses. If you file suit after the statute of limitations expires on your truck accident claim, the court will most likely permanently dismiss your claim, and you will lose the right to recover compensation from the parties at fault for the harm and losses you endured.

Get Legal Help Proving Fault for an Arizona Truck Crash

If you have been injured in a truck crash in Arizona, contact a personal injury attorney at the law firm of Mushkatel, Gobbato, & Kile, P.L.L.C., today for a free, no-obligation consultation with a compassionate lawyer. We’ll review the facts of your case and discuss steps our firm can take to help you prove fault and pursue the best possible outcome in your case.

Visit Our Arizona Truck Accident Law Offices

About the Author

Zachary Mushkatel

Zachary Mushkatel discovered his affinity for the law by chance. As a political science major at the University of Arizona, he first aspired to become a professor. But an unexpected invitation to participate on a mock trial team at the university encouraged him to turn his competitive spirit and drive…