Have you or a loved one been injured in a truck accident in Peoria, Arizona? If so, you need representation from a skilled and experienced truck accident lawyer. If the accident was due to someone else’s fault, you may be entitled to compensation.
Commercial truck accidents are more dangerous than car accidents or motorcycle accidents and can result in severe injuries due to the sheer size and weight of 18-wheelers and the force with which they collide with smaller passenger vehicles. Truck accidents can cause anything from severe concussions, to broken bones, to whiplash injuries, to even death.
While truck accidents can happen due to a wide variety of reasons, they are often the result of negligence on the part of the truck driver, the trucking company, or even the truck manufacturer. Your experienced truck accident attorneys will meticulously gather the evidence needed to identify all the liable parties in your accident.
The evidence needed to build your injury claim will depend on the unique circumstances of your accident but may include, for example, the police report of your accident, photos of the accident, video surveillance footage, eyewitness statements, truck driver logs, load manifests, testimony from accident reconstruction experts, truck maintenance records, and more.
The Peoria personal injury attorneys at Mushkatel, Gobbato, & Kile, P.L.L.C. understand the difficulties that victims face after a truck accident, and we will do everything we can to help you.
To schedule an initial confidential consultation with one of our skilled and compassionate attorneys, call us today or contact our law firm online.
What Should I Do After Being Involved in a Truck Accident?
- Stay at the scene. Remain at the accident scene until medical help and the authorities have arrived. Move your vehicle if needed for safety. However, if possible, you should leave your vehicle in the position where it came to rest after the accident. This will allow you to help preserve the evidence pertaining to what caused the accident and the damages that resulted from it.
- Call 911. Often truck collisions can result in severe injuries and even fatalities. Safety should be your top priority after a truck accident. If you are physically able, immediately call 911. This should dispatch medical help and law enforcement officers who can help with gathering witness accounts and filing a police report.
- Exchange information. If you are able to stay at the scene, collect information from the parties involved. Make sure you get the trucking company’s name and information and also exchange information with the truck driver and any other drivers. Get contact info from witnesses as well.
- Take photos. The scene immediately after the accident provides the best opportunity to capture evidence needed to prove that you were injured due to someone else’s negligence. It also can demonstrate that you are in a position to file a lawsuit for another party’s wrongdoing. If possible, snap pictures with your smartphone of the damage to all vehicles, intersections, and landmarks. Also, pay close attention to skid marks and any details that tell the story of what occurred.
- Contact a lawyer. Following a truck accident, it is very important that you contact an experienced truck accident lawyer as soon as possible. Working with an attorney is critical, even if you are not sure if another party caused the accident. There are many complex legal matters involved with truck accident claims, and you will need the assistance of a knowledgeable lawyer.
The trucking company will most likely have a team of high-powered attorneys ready to do everything they can to minimize their liability. You need an aggressive legal advocate in your corner. Personal injury lawyers take all the necessary steps to build a strong case, including conducting a thorough investigation, protecting key evidence, and handling communications with the insurance companies and all other parties involved in the accident.
How Are Truck Accidents Different from Car Accidents?
A number of factors make truck accidents different from car accidents, including:
- Size and weight. A fully loaded commercial truck can weigh about 80,000 pounds, whereas the typical passenger vehicle weighs around 3,000 pounds. Needless to say, when a huge truck crashes into a smaller vehicle, the force of the impact will be much greater than in a two-passenger vehicle crash.
- Injuries. Because commercial trucks are so much bigger and heavier than passenger vehicles, the injuries in accidents tend to be more serious – especially for the people in the car. Victims of truck accidents can suffer life-altering long-term injuries, such as spinal cord injuries, traumatic brain injuries, and third-degree burns.
- Rules. Truck drivers and trucking companies must follow regulations regarding the hours that truck drivers can drive, the loading of cargo, maintenance, and much more. If these regulations and rules are violated, it could be additional grounds to prove that the trucking company was negligent in causing your accident.
- Licenses. Truck drivers must obtain a commercial driver’s license, which involves completing training and passing tests. If a truck driver has not obtained the necessary requirements, the truck accident victim may have a claim against the trucking company for negligent training and hiring.
- More liable parties. With a truck accident, there’s the potential for many liable parties in addition to the driver and trucking company, such as the truck manufacturers, distributors, suppliers, repair shops, and the party responsible for loading the cargo, for example. While the multiple liable parties can make your truck accident case more complicated, it can also provide you with more sources of compensation for your injuries.
Who Can Be Held Liable in a Truck Accident?
Depending on the circumstances, many parties could be held liable for a truck accident, including:
- Truck driver
- Trucking company
- Truck owner
- Parts manufacturer
- Freight company
- Cargo loader
- Owner of the trailer
- Maintenance and repairs company
An experienced truck accident lawyer can determine all the potentially liable parties and work to hold each one of them accountable for their role in the accident. The attorneys at Mushkatel, Gobbato, & Kile, P.L.L.C. are ready to coordinate a thorough investigation of your accident as soon as possible.
What Evidence Needs to Be Gathered During a Truck Accident Case?
Our attorneys can collect all the important evidence in your truck accident case, which may include:
- Truck driver’s qualifications, employment history, drug tests
- Driver logbooks
- Load manifests
- Trucking company’s insurance information
- Truck maintenance records
- Data from the truck’s electronic control module (ECM) or “black box”
- Trucker or trucking company violations
- Medical records
- Damage to your vehicle
- Phone records
- Police reports
- Photos of the accident
- Video surveillance of the accident
- Eyewitness statements
- Testimony from accident reconstruction experts
What Damages Can I Recover from My Truck Accident Case?
Three main types of damages may be available in a personal injury case: economic damages, non-economic damages, and punitive damages.
Economic damages come with clear dollar amounts attached. These types of damages include:
- Medical expenses (past, present, and future)
- Lost wages
- Lost earning capacity
- Other calculable losses that occur as a result of the truck accident
Non-economic damages are intended to compensate for harms caused by the truck accident that aren’t as easy to attach a price to. These may include losses such as:
- Pain and suffering
- Mental anguish
- Physical disfigurement
In rare cases, punitive damages, also known as exemplary damages, may be awarded. These damages are designed to punish the defendant in cases of serious wrongdoing.
What is the Statute of Limitations for Filing a Truck Accident Injury Lawsuit?
You have two years to file your injury lawsuit from your truck accident. This is the Arizona statute of limitations for personal injury lawsuits. Should you not file your lawsuit before that time period has passed, you will be giving up the opportunity to have your case heard in court, and subsequently be able to recover compensation from a lawsuit.
Contact a Peoria, AZ Truck Accident Lawyer Today
Did you or a loved one suffer injuries in a truck accident in the greater Peoria, Arizona area? If so, the truck accident attorneys at Mushkatel, Gobbato, & Kile, P.L.L.C. are ready to fight to help you seek every last dollar of compensation that you deserve.
We represent clients on a contingency fee basis, meaning that you have nothing to lose by discussing your truck accident case with us.
Call us or contact our law firm online today and schedule an initial confidential consultation.
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