Truck Accident FAQ: Common Questions After a Phoenix Truck Crash
Most people hurt in Arizona truck crashes ask the same core questions: how long they have to act, what a lawyer costs, who is at fault, and how insurance works. The answers below give general information; your situation may be different.
After a crash with a semi or other commercial truck, the questions come fast. This truck accident FAQ answers the ones people ask most often in the Phoenix area, in plain English. The answers are general information, not legal advice, and every case is different.
Each answer below is short on purpose. For more detail, follow the links to our full guides:
Deadlines and the evidence clock: truck accident evidence
Who may be responsible: who is liable in a truck accident
Insurance: truck insurance limits
Workplace injuries: hurt on the job by a truck
Cost: our fee calculator
For a complete overview, start with our guide for a truck accident lawyer in Phoenix. Spanish speakers can read our guĂa en español.
If your question is not answered here, request a free case review. Submitting a question does not create an attorney-client relationship.
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Frequently asked questions
How long do I have to file a truck accident lawsuit in Arizona?
In general, two years from when the cause of action accrues (A.R.S. 12-542). Claims against a public entity usually need a notice of claim within 180 days (A.R.S. 12-821.01) and a lawsuit within one year (A.R.S. 12-821). Exceptions can apply.
How much does a truck accident lawyer cost?
We work on a contingency fee, so you pay nothing upfront and the fee is a percentage of any recovery. The percentage and how case costs are handled depend on the case. If there is no recovery, you owe no attorney fee but may still owe case costs. Your written fee agreement controls. You can see examples with our fee calculator.
Why does it matter to act quickly after a truck crash?
Federal rules only require carriers to keep drivers' records of duty status and supporting documents for at least 6 months (49 CFR 395.8(k)). A preservation letter asks the company to keep that evidence.
What if I was partly at fault?
Arizona uses pure comparative fault. Your recovery can be reduced by your share of fault, but that generally does not bar your claim (A.R.S. 12-2505).
How much insurance does a commercial truck carry?
Federal minimums for interstate for-hire carriers with vehicles of 10,001 pounds or more start at $750,000 for general freight and are higher for oil and certain hazardous materials (49 CFR 387.9). Many carriers carry more.
I was working when a truck hit me. Can I file more than one claim?
Often, yes. You may have a workers' compensation claim and a separate claim against the at-fault third party. If you do not sue the third party within one year after the cause of action accrues, the claim is deemed assigned to the comp insurer or self-insured employer (A.R.S. 23-1023).
Should I talk to the trucking company's insurance adjuster?
You can share basic facts, but be careful with recorded statements and do not sign releases or medical authorizations before you understand your rights. What you say may be used to reduce your claim.
Do you offer help in Spanish?
Yes. You can request a free case review in Spanish. Attorney Gil Hacohen provides services in English, Hebrew and Spanish.
Box truck and rental moving truck crashes
Is a box truck a commercial motor vehicle?
It depends on its weight and use. Under 49 CFR 390.5, a vehicle used in interstate commerce to carry property generally counts as a commercial motor vehicle if its gross vehicle weight rating, or its actual weight, is 10,001 pounds or more. Many box trucks are at or above that line, and some smaller ones are below it. For a truck used only within Arizona, state law generally sets the commercial motor vehicle line at 26,001 pounds or more (A.R.S. 28-5201). The weight label on the truck and its use at the time of the crash need to be checked.
Does a box truck driver need a CDL?
Not always. Under 49 CFR 383.5, a single truck generally needs a commercial driver's license when its gross vehicle weight rating or weight is 26,001 pounds or more, or when it carries placarded hazardous materials. Many box trucks are rated below 26,001 pounds, so the driver may only need a regular license. The federal CDL rules apply to both interstate and intrastate driving (49 CFR 383.3).
Can I make a claim against the rental company if a rented moving truck hit me?
Federal law, often called the Graves Amendment (49 U.S.C. 30106), generally protects a business that rents or leases vehicles from being held responsible under state law just because it owns the vehicle. That protection does not apply if the rental company was itself negligent or engaged in criminal wrongdoing, and it does not override state insurance and financial responsibility laws. Whether any of that applies depends on the facts.
What insurance covers a box truck crash?
It depends on who was driving and why. A business truck may carry a commercial auto policy. A person driving a rental truck may have their own auto policy, coverage bought at the rental counter, or both, and the rental company may carry coverage required by state law. Which policies apply turns on the policy terms.
How long do I have to file a claim after a box truck accident?
Most Arizona injury lawsuits must be filed within two years under A.R.S. 12-542. If a government-owned truck is involved, a notice of claim is generally due within 180 days under A.R.S. 12-821.01, and a lawsuit within one year under A.R.S. 12-821.
Fee calculator
Do I pay anything if there is no recovery?
With a contingency fee, there is generally no attorney fee if there is no recovery. With our firm, you may still be responsible for case costs, such as filing fees, medical records and fees for accident reconstruction or other outside consultants, even if there is no recovery.
Does the fee percentage change if the case goes to trial?
It can. Whether the percentage changes if a lawsuit is filed or the case goes to trial depends on the case, and your written fee agreement says exactly when and how.
Is the calculator result what my case is worth?
No. The amount you enter is only an example. The calculator does not estimate the value of any claim or predict whether money will be recovered.
Are medical liens included in the calculator?
No. Health insurers, hospitals, or a workers' compensation carrier may have a right to be repaid from a recovery. Those amounts are not shown in the calculator.
How truck accident claims work
What should I do right after a truck crash?
Get medical care, get the crash report number, photograph the truck and the scene if you safely can, collect names of the driver and witnesses, keep your records, and be careful with the trucking company's insurer. Talking to a lawyer early helps because preservation letters are most useful when sent quickly.
Do I have to accept the insurance company's settlement offer?
No. You decide whether to accept any settlement offer. A lawyer can explain the options, but the choice is yours. Accepting a settlement usually ends the claim.
Can more than one company be responsible for a truck crash?
Yes, depending on the facts. The driver, the motor carrier, a trailer owner, a broker, a shipper that loaded the cargo or a repair shop may each play a role. Arizona generally makes each defendant pay only its own share of fault (A.R.S. 12-2506), with exceptions.
Does a federal safety violation prove my case?
Not by itself. A violation of a federal rule, such as the hours-of-service limits in 49 CFR 395.3, does not prove a case on its own, but it can be strong evidence.
What can a truck accident claim include in Arizona?
Depending on the facts, a claim may seek medical bills now and in the future, lost wages and lost earning ability, pain, suffering and loss of enjoyment of life, and property damage. In a fatal crash, the family's losses may be claimed. No lawyer can tell you in advance what a case is worth.
Deadline calculator
How long do I have to sue after a truck accident in Arizona?
Arizona generally allows 2 years after the claim accrues, which is usually the date of injury (A.R.S. 12-542). In a fatal crash, the 2 years generally run from the date of death. Exceptions can apply.
What if a city or state truck hit me?
Claims against a public entity generally need a notice of claim within 180 days after the claim accrues (A.R.S. 12-821.01) and a lawsuit within 1 year (A.R.S. 12-821). The notice has legal requirements, including a specific amount for which the claim can be settled and the facts supporting it.
Does the deadline change for a child who was hurt?
It can. Under A.R.S. 12-502, the time a person is under 18 generally is not counted toward the limitation period. Talk to a lawyer about how this applies, because other deadlines, such as a notice of claim, may still matter.
Why does the 6-month date matter if I have 2 years to sue?
Federal rules require carriers to keep driver records of duty status and supporting documents for at least 6 months (49 CFR 395.8(k)). After that, they may be allowed to discard them. A preservation letter sent early asks the carrier to keep this evidence.
Is the calculator result my exact deadline?
No. The calculator counts from the date you enter. Deadlines usually run from when a claim accrues, which is often, but not always, the crash date, and exceptions can change them. It is general information, not legal advice.
Delivery truck and van crashes
If an Amazon, FedEx or UPS-branded van hit me, is that company responsible?
Not automatically, and not automatically excluded either. Some delivery drivers are employees of the company whose name is on the package, and others work for separate contractor businesses. Responsibility depends on who employed the driver, who controlled the work, who owned the vehicle and what the contracts and insurance policies say. Those facts have to be investigated.
What is a Delivery Service Partner?
Amazon describes its Delivery Service Partners as independent businesses that hire and manage their own employees to deliver Amazon packages. How that arrangement affects responsibility for a particular crash is a legal question that depends on the facts.
Do federal trucking insurance minimums apply to delivery vans?
The federal minimum levels in 49 CFR 387.9 apply to for-hire interstate carriers using vehicles with a gross vehicle weight rating of 10,001 pounds or more, plus certain hazardous materials carriers (49 CFR 387.3). Many cargo vans are rated under that weight, so those federal minimums may not apply. Other policies may still cover the crash.
What is the minimum insurance for a vehicle in Arizona?
For policies issued or renewed beginning July 1, 2020, Arizona's minimum liability limits are $25,000 for injury or death of one person, $50,000 for two or more people, and $15,000 for property damage, under A.R.S. 28-4009. Business vehicles often carry more, but that has to be confirmed.
What if the driver was using a personal car for app-based deliveries?
Coverage can get complicated. A personal auto policy may treat delivery work differently, and the app company or a commercial policy may or may not provide coverage. The policies and the driver's status at the time of the crash need to be reviewed.
How long do I have to file a claim?
Most Arizona injury lawsuits must be filed within two years under A.R.S. 12-542. If a government-owned vehicle is involved, a notice of claim is due within 180 days under A.R.S. 12-821.01, and a lawsuit generally within one year under A.R.S. 12-821.
Truck accident evidence
What is a spoliation or preservation letter?
It is a written notice sent to a trucking company and others telling them a claim is expected and asking them to keep specific evidence, such as ELD data, engine data, video and records. Once a company is on notice, destroying that evidence may lead a court to impose consequences.
How long does a trucking company have to keep its driver logs?
Federal rules require motor carriers to keep records of duty status and supporting documents for at least 6 months from the date of receipt (49 CFR 395.8(k)). After that, the rules allow them to be discarded unless the company has been asked to preserve them.
Do semi-trucks have a black box?
Most modern heavy trucks have an engine control module (ECM) or similar electronic system that may record data such as speed, braking and engine activity. What is recorded, and for how long, depends on the truck and its equipment.
Can I get the trucking company's dashcam video?
Many carriers use road-facing or driver-facing cameras, but some systems overwrite footage automatically. Asking the company in writing to preserve video, and later requesting it through the legal process, may help secure it.
What evidence should I collect myself after a truck crash?
If you are able, photos of the vehicles, scene, road conditions and your injuries, the truck's company name and USDOT number, the names and phone numbers of witnesses, and the police report number can all be useful. Your health comes first, so get medical care before anything else.
Is the driver tested for drugs and alcohol after a crash?
Federal rules require post-accident alcohol and drug testing of the truck driver after a crash involving a death, and after certain injury or tow-away crashes where the driver gets a citation for a moving violation arising from the crash (49 CFR 382.303). The results and related records may become evidence.
Garbage and dump truck crashes
How do I know if a garbage truck is city-owned or private?
Look at the markings on the truck, the crash report and who collects trash in that area. Some Valley cities, including Phoenix, run their own residential collection, while other customers may use private haulers. A lawyer can confirm the owner and operator through records requests.
What is a notice of claim?
It is a written claim that must be filed with the person authorized to accept service for a public entity, public school or public employee within 180 days after the cause of action accrues. It must explain the basis for liability and state a specific amount for which the claim can be settled, with supporting facts. A claim not filed in time is barred. See A.R.S. 12-821.01.
How long do I have to sue a city in Arizona?
Actions against a public entity or public employee must be brought within one year after the cause of action accrues under A.R.S. 12-821. The 180-day notice of claim must come first (A.R.S. 12-821.01).
What if a private trash company or construction dump truck hit me?
Claims against private companies generally follow the two-year deadline for injury lawsuits in A.R.S. 12-542. If a public entity might share fault, its shorter deadlines may still apply to that part of the claim (A.R.S. 12-821.01 and 12-821).
Do federal trucking rules apply to city garbage trucks?
Federal Motor Carrier Safety Regulations in that subchapter generally do not apply to transportation performed by a state or a political subdivision of a state, under 49 CFR 390.3(f)(2). Other rules still apply, including Arizona traffic laws and the federal CDL and drug and alcohol testing rules, which expressly do not use that exception (49 CFR 383.3(b) and 382.103(c)). Arizona's motor carrier safety law also applies to commercial vehicles owned or operated by a city or other political subdivision (A.R.S. 28-5202(B)).
Gravel flew off a dump truck and hit my windshield. Is that covered?
It may be. Arizona law bars driving with a load that can drop, sift, leak or otherwise escape, with narrow exceptions (A.R.S. 28-1098). Identifying the truck quickly is often the hardest part.
Hours of service violations
How many hours can a truck driver drive in a day?
Under 49 CFR 395.3, a property-carrying driver may drive up to 11 hours, but only within a 14-hour period that starts after coming on duty following 10 consecutive hours off duty. Some exceptions apply.
What is the 30-minute break rule?
A driver may not drive after 8 cumulative hours of driving without at least a 30-minute consecutive interruption. Off-duty, sleeper berth or on-duty not-driving time can count toward the break. Drivers who qualify for the short-haul exceptions are excepted (49 CFR 395.3(a)(3)(ii)).
What is the 34-hour restart?
A driver's 7-day or 8-day period may end with the start of an off-duty period of 34 or more consecutive hours, which resets the 60- or 70-hour weekly limit (49 CFR 395.3(c)).
Can ELD logs be falsified?
Federal rules prohibit false duty-status reports and prohibit tampering with an ELD so it does not accurately record data (49 CFR 395.8(e)). Even so, logs can be checked against fuel receipts, toll records, GPS data and dispatch messages to look for gaps or conflicts.
Does Arizona have its own hours-of-service rules for trucks that never leave the state?
Arizona incorporates the federal hours-of-service rules in 49 CFR Part 395 by reference and applies them to both intrastate and interstate motor carriers operating in Arizona (A.A.C. R17-5-202). For trucks used in intrastate commerce, the state definition of a commercial motor vehicle generally starts at 26,001 pounds (A.R.S. 28-5201). State law also lets certain intrastate drivers, such as some construction, groundwater drilling rig and public utility drivers, restart their hours-of-service calculation after 24 or more consecutive hours off duty (A.R.S. 28-5234).
How long are truck driver logs kept?
Motor carriers must keep records of duty status and supporting documents for at least 6 months (49 CFR 395.8(k)), and a backup copy of ELD records for 6 months (49 CFR 395.22(i)). After that, they may be discarded unless the carrier has been asked to preserve them.
I-10 West Valley truck accidents
Who investigates a truck crash on I-10 in the West Valley?
Crashes on interstates and state highways such as I-10 are generally investigated by Arizona Department of Public Safety troopers. DPS says completed reports usually reach its records unit within about 14 days, and copies can be requested through the DPS Public Services Portal, in person or by mail.
The truck was hauling freight from out of state. Can I still bring a claim in Arizona?
Often, yes. A crash that happens in Arizona can generally be pursued here, even if the carrier is based in another state. Federal trucking rules also apply to interstate carriers.
How long does the trucking company keep its driver logs?
Federal rules require carriers to keep records of duty status and supporting documents for at least 6 months under 49 CFR 395.8(k). After that, they may be discarded unless a preservation request or lawsuit requires the carrier to keep them.
What if the crash happened in a construction zone on I-10?
Work zone crashes may involve the trucking company, a construction contractor or, in some cases, a public entity. If a public entity may share fault, a notice of claim is generally due within 180 days (A.R.S. 12-821.01) and a lawsuit within 1 year (A.R.S. 12-821).
I was hurt while driving for work on I-10. Do I only have a workers' comp claim?
Not always. If a driver from another company caused the crash, you may have a third-party claim in addition to workers' comp. Under A.R.S. 23-1023, if you do not file that lawsuit within 1 year after the cause of action accrues, the claim is deemed assigned to the comp insurer or self-insured employer.
Is it too late to get the truck's dash camera video?
It depends. Some systems record over older footage, so the sooner a preservation request is sent, the better the chance the video still exists.
I-17 truck accidents
Where are the steep grades on I-17 north of Phoenix?
I-17 climbs from the low desert in Phoenix to the high country around Flagstaff. ADOT describes the roughly 8 miles between Black Canyon City and Sunset Point as steep and winding. That climb runs north from Black Canyon City past Bumble Bee (exit 248) toward the Sunset Point rest area (milepost 252).
Can brake problems be the trucking company's fault?
They can be. Carriers must inspect, repair and maintain their vehicles under 49 CFR Part 396, and brake equipment rules appear in 49 CFR Part 393. Maintenance records may show whether those duties were met.
The truck driver had been on the road for hours. Does that matter?
It may. Property-carrying drivers are generally limited to 11 hours of driving within a 14-hour on-duty window under 49 CFR 395.3. A violation can be important evidence, but it does not decide a case by itself.
Who investigates crashes on I-17 outside Phoenix?
Crashes on interstates such as I-17 are generally investigated by Arizona Department of Public Safety troopers, including in Yavapai County north of the Maricopa County line. DPS says completed reports usually reach its records unit within about 14 days, and copies can be requested through the DPS Public Services Portal, in person or by mail.
I live in another state and was hurt on I-17 while visiting. Can I bring a claim?
Generally, a crash that happens in Arizona can be pursued under Arizona law, even if you live elsewhere. Deadlines still apply.
Can I recover if the crash happened in the flex lanes or a work zone?
Possibly. Depending on the facts, the trucking company, a contractor or a public entity may share fault. Claims involving a public entity generally require a notice of claim within 180 days (A.R.S. 12-821.01) and a lawsuit within 1 year (A.R.S. 12-821).
Truck insurance limits
What is the minimum insurance for a semi-truck?
For a for-hire carrier hauling nonhazardous property in interstate commerce in a vehicle rated at 10,001 pounds or more, the federal minimum is $750,000 (49 CFR 387.9). Higher minimums of $1 million or $5 million apply to oil and certain hazardous materials.
Is $750,000 the most I can recover from a trucking company?
No. The federal amounts are minimums. Many carriers carry more, may have umbrella or excess policies, and other companies involved in the shipment may have their own coverage. The carrier itself may also be responsible beyond its insurance. Every case is different.
What insurance does an Arizona intrastate trucking company need?
Arizona law sets its own minimums for people who operate a commercial vehicle or combination with a declared gross weight over 20,000 pounds in Arizona as part of a business, and for certain hazardous materials and passenger carriers (A.R.S. 28-4032). For nonhazardous property, it requires $750,000 for vehicles with a gross vehicle weight over 26,000 pounds and $300,000 for vehicles from 20,001 to 26,000 pounds (A.R.S. 28-4033).
What is an MCS-90 endorsement?
The MCS-90 is a federal endorsement attached to a motor carrier's liability policy as proof of the required financial responsibility (49 CFR 387.7(d)). It can require the insurer to pay a final judgment for public liability, up to the limits stated in the endorsement (generally the federal minimum), even in some situations where the policy would not otherwise cover the crash.
How do I find out how much insurance a trucking company has?
Some insurance filing information for interstate carriers is publicly listed through FMCSA, but it may show only the filed minimum, not the full coverage. Federal rules also treat a carrier's proof of required coverage as public information that must be produced on reasonable request (49 CFR 387.7(e)(1)). Full policy details, including excess policies, usually come from the carrier or its insurer during the claim or lawsuit.
Can more than one insurance policy cover the same truck crash?
Yes, it can happen. The motor carrier, the owner of the tractor or trailer, a freight broker, a shipper or a loader may each have their own coverage if they share responsibility. Whether a policy applies depends on its terms and the facts.
Jackknife, rollover and tire blowout crashes
What causes a jackknife truck accident?
A jackknife usually starts when the tractor's wheels lock or lose grip and the trailer keeps moving, swinging out to the side. Hard braking, speed for the conditions, empty or light trailers, worn brakes, a tire failure and shifting cargo are common factors that investigators look at.
Can the trucking company be responsible for a tire blowout?
It can be, depending on the facts. Federal rules require motor carriers to systematically inspect, repair and maintain their vehicles (49 CFR 396.3), and they bar running on tires with certain defects or below the cold inflation pressure specified for the load (49 CFR 393.75). If a blowout traces back to skipped maintenance, the carrier may share fault. A tire maker or repair shop may also be involved.
Does Phoenix heat really affect truck tires?
Heat is one of the conditions that can stress tires, especially tires that are underinflated or overloaded. That does not mean heat alone explains a blowout. An investigation looks at the tire's age, inflation, load, repair history and inspection records.
Who checks whether cargo was loaded correctly?
Federal cargo securement rules in 49 CFR Part 393, Subpart I, require cargo to be secured so it does not shift in a way that hurts the truck's stability. The driver, the carrier and sometimes the shipper or loader can be part of the investigation (49 CFR 393.100).
I was partly at fault. Can I still bring a claim in Arizona?
Arizona uses comparative fault under A.R.S. 12-2505. Your damages may be reduced in proportion to your share of fault, but your share of fault does not automatically bar the claim.
How long do I have to file a lawsuit after a rollover crash?
In most Arizona personal injury cases the deadline is two years under A.R.S. 12-542. Shorter deadlines can apply if a public entity is involved, such as the 180-day notice of claim in A.R.S. 12-821.01 and the one-year deadline to sue in A.R.S. 12-821. Talk to a lawyer early.
Who is liable in a truck accident
Is the trucking company responsible if its driver caused the crash?
Often, yes. An employer can generally be held responsible for an employee's negligence while on the job, and the company may also be responsible for its own failures in hiring, training, supervision or maintenance. Whether the driver was an employee or an independent contractor can matter.
Can I still recover if I was partly at fault?
In Arizona, yes. Under A.R.S. 12-2505, your claim is not barred because you were partly at fault, but your damages are reduced by your percentage of fault.
Can a freight broker be held liable for a truck accident?
Possibly. In Montgomery v. Caribe Transport II, LLC (decided May 14, 2026), the U.S. Supreme Court held that a state-law claim that a broker negligently hired an unsafe motor carrier falls within the federal law's motor vehicle safety exception, so it is not preempted. Whether a broker is actually responsible depends on the facts and on state law.
What if a road defect or work zone contributed to the crash?
A city, county or the state may share fault. Arizona law generally requires a notice of claim within 180 days (A.R.S. 12-821.01) and a lawsuit within one year (A.R.S. 12-821) for claims against public entities, and some road-design defenses apply (A.R.S. 12-820.03).
What does it mean that Arizona uses several liability?
Under A.R.S. 12-2506, each defendant generally pays only the share of damages that matches its percentage of fault. There are exceptions, such as when one party was acting as the agent or servant of another. That is why identifying every responsible party matters.
Can a defendant blame someone who is not part of the lawsuit?
Yes. Under A.R.S. 12-2506(B), a jury may consider the fault of a nonparty if the defendant gives notice before trial, as required by court rule, or the plaintiff settled with that nonparty.
Goodyear & Buckeye location page
Where is a Goodyear or Buckeye truck accident case filed?
Many injury lawsuits arising in the West Valley are filed in Maricopa County Superior Court. Arizona's venue statute generally allows a damages lawsuit of this kind to be filed in the county where the act occurred or where a defendant lives (A.R.S. 12-401). Some cases, such as those against an out-of-state trucking company, may be filed in or moved to federal court. The right court depends on the parties and the claims.
How long do I have to file a claim after a truck crash in Goodyear or Buckeye?
Arizona's general limit for personal injury claims is two years after the cause of action accrues (A.R.S. 12-542). Claims against a public entity usually need a notice of claim within 180 days and a lawsuit within one year (A.R.S. 12-821.01 and 12-821). Some exceptions can change these deadlines.
Do I need to travel to an office to talk with a lawyer?
No. Our office is at 2025 N. 3rd St., Suite B300, Phoenix, AZ 85004, and you can start with a free consultation by phone. Ask about other ways to meet if travel is hard.
What if I was driving for work when the truck hit me on I-10?
You may have a workers' compensation claim and a separate claim against the at-fault trucking company. Under A.R.S. 23-1023, if you do not sue the third party within one year after the cause of action accrues, the claim is deemed assigned to the comp insurer or self-insured employer.
Can I get help in Spanish?
Yes. Attorney Gil Hacohen speaks Spanish, and you can ask for your free case review in Spanish.
Loop 303 and Loop 202 truck accidents
Where does Loop 303 run?
Loop 303 runs from I-10 in Goodyear north through Glendale and Surprise, then east through Peoria to I-17 in north Phoenix. ADOT began construction in 2026 on an extension south of I-10 in Goodyear toward MC 85.
Who may be responsible when a truck leaving a warehouse causes a crash?
Depending on the facts, the driver, the motor carrier, the company that owns the trailer, the shipper or warehouse that loaded it, or a delivery contractor may share fault.
Was the delivery van driver an employee or a contractor, and does it matter?
It can matter. Whether a driver is an employee or an independent contractor can affect which company and which insurance policy may be responsible. The contracts and records usually need to be reviewed.
What if the crash happened at a ramp intersection or frontage road, not on the freeway itself?
The same basic rules apply. The Arizona Department of Public Safety generally handles crashes on interstates and state highways, while crashes on city or county roads, including some ramp intersections and frontage roads, usually go to the local police or sheriff. So it helps to note exactly where the crash happened.
Can road design or construction be part of the cause?
Sometimes. If a public entity's road design, signals or work zone may have contributed, a notice of claim is generally due within 180 days under A.R.S. 12-821.01, and a lawsuit within 1 year under A.R.S. 12-821. Public entities may also have special defenses to some road design claims (A.R.S. 12-820.03), so these claims depend heavily on the facts.
How much insurance does a semi-truck on Loop 303 have to carry?
Interstate for-hire carriers hauling general freight in vehicles of 10,001 pounds or more must carry at least $750,000 under 49 CFR 387.9, with higher minimums for certain hazardous loads. Local or intrastate carriers may be subject to different rules.
Hurt on the job by a truck
Can I get workers' comp and also sue the trucking company?
Often, yes. Arizona law generally lets an injured worker collect comp benefits and also pursue a claim against an outside party, such as a trucking company, whose negligence caused the injury (A.R.S. 23-1023). The comp carrier usually has a lien on part of that recovery (A.R.S. 23-1023(D)). An attorney can review whether this applies to your facts.
Can I sue my own employer for a work truck crash?
Usually not. Workers' comp is generally the exclusive remedy against your employer and co-workers acting in the scope of their jobs, with a narrow exception for willful misconduct (A.R.S. 23-1022). Claims against outside parties are different.
What happens if I don't sue the third party within one year?
Under A.R.S. 23-1023(B), if you do not file suit within one year after the cause of action accrues, the claim is deemed assigned to the comp insurance carrier or self-insured employer. The carrier may then sue, settle, or reassign the claim back to you.
Will I have to pay back workers' comp out of my injury settlement?
The comp carrier generally has a lien on the amount 'actually collectable' from the third party, which the statute defines as the total recovery minus reasonable and necessary expenses, including attorney fees (A.R.S. 23-1023(D)). How much is repaid depends on your case.
I drive for a rideshare or delivery app. Am I covered by workers' comp?
It depends on how you are classified. Many app-based drivers are treated as independent contractors, who generally are not covered by an employer's comp policy. Arizona law treats certain app-based 'qualified marketplace contractors' as independent contractors if listed conditions are met, but that statute does not cover contractors who deliver parcels or freight (A.R.S. 23-1603). Other insurance, such as the app company's auto coverage, may apply.
Do I need to tell the comp carrier before I file a third-party lawsuit?
Yes. A.R.S. 23-1023(C) requires written notice to the carrier or self-insured employer of your intent to sue a third party, plus timely updates on pleadings and rulings. The carrier may also join the case to protect its interests.
Phoenix Truck Accident Lawyer
How much does it cost to hire a truck accident lawyer in Phoenix?
Most truck accident cases are handled on a contingency fee, which means you pay no attorney fee unless money is recovered. The fee percentage and how case costs are handled depend on the case and are set out in a written fee agreement. If there is no recovery, you may still owe case costs.
How long do I have to file a truck accident lawsuit in Arizona?
Arizona generally allows 2 years after the claim accrues, which is usually the date of injury (A.R.S. 12-542). If a city, county or state agency may share fault, a notice of claim is usually due within 180 days (A.R.S. 12-821.01) and suit within 1 year (A.R.S. 12-821). Exceptions can apply.
Can I still recover if I was partly at fault for the crash?
Often, yes. Arizona uses pure comparative fault under A.R.S. 12-2505, so your damages may be reduced by your share of fault rather than barred.
Who can be held responsible for a semi-truck crash?
Depending on the facts, the driver, the motor carrier, a trailer owner, a shipper or loader, a maintenance shop or a parts maker may share fault. Each may have its own insurance.
I was hit by a truck while working. Can I file more than a workers' comp claim?
Possibly. Arizona law lets an injured worker pursue a claim against a negligent third party, such as an outside trucking company, while receiving workers' comp. If you do not sue within 1 year after the claim accrues, the claim is deemed assigned to the comp insurer or self-insured employer under A.R.S. 23-1023.
Do you help Spanish-speaking clients?
Yes. Attorney Gil Hacohen provides services in English, Hebrew and Spanish, and you can request a free case review in Spanish.
Should I talk to the trucking company's insurance adjuster?
You do not have to give a recorded statement to the other side's insurer. Many people choose to speak with a lawyer first, because early statements can be used to dispute fault or injuries.
Truck accident settlement value
What is the average truck accident settlement in Arizona?
There is no reliable average. Published 'averages' mix very different cases and often leave out key facts. Your claim depends on your injuries, losses, fault, and available insurance.
Does Arizona cap damages in truck accident cases?
No. The Arizona Constitution says no law may limit the amount of damages recovered for causing death or injury, with a narrow exception related to felony conduct (art. 2, sec. 31; art. 18, sec. 6). That does not mean any particular amount is likely.
What if I was partly at fault?
Arizona uses pure comparative fault. Your damages are reduced by your percentage of fault, but you are generally not barred from recovering (A.R.S. 12-2505). The rule does not help someone who intentionally, wilfully or wantonly caused or contributed to their own injury.
How long does a truck accident settlement take?
It varies. Many claims wait until treatment has stabilized so future needs are clearer. Some settle before a lawsuit; others need litigation. No one can promise a timeline.
Will I have to pay back my health insurance or AHCCCS?
Possibly. AHCCCS has a statutory lien (A.R.S. 36-2915), hospitals and other providers may have liens (A.R.S. 33-931), workers' comp carriers have a lien (A.R.S. 23-1023), Medicare may seek repayment of conditional payments (42 CFR 411.24), and many health plans claim reimbursement. Liens can sometimes be reduced.
How are attorney fees taken out of a settlement?
Contingency fees are usually a percentage of the recovery, and the written fee agreement controls. The percentage and whether costs come out before or after the fee depend on the case. You can estimate fees with our calculator.
Stack and Mini Stack truck accidents
Where exactly are the Stack and the Mini Stack?
According to ADOT, the Stack is the four-level interchange where I-10 meets I-17 just west of downtown Phoenix, near 19th Avenue and McDowell Road. The Mini Stack is east of downtown, south of McDowell Road and east of 16th Street, where I-10 meets SR-51 and the Loop 202 Red Mountain Freeway.
Why do trucks tip over on interchange ramps?
A tractor-trailer has a high center of gravity. Taking a curved ramp too fast, or carrying a load that shifts, can cause a rollover. Speed, load securement and the driver's training may all be examined.
Do hazardous materials trucks use the Stack?
Hazardous materials traffic is restricted in the I-10 Deck Park Tunnel, and Arizona's entry in the FMCSA hazardous materials route registry lists I-17 as the alternative route. That means hazmat trucks crossing central Phoenix may travel through the Stack.
The truck merged into me and kept going. What can I do?
Call 911, write down anything you saw, such as the company name, trailer color or USDOT number, and look for witnesses. ADOT says it does not record its freeway camera feeds, so business cameras and other drivers' dash cameras are often the better source of video. Your own policy's uninsured motorist coverage may also apply if you bought it, depending on its terms (A.R.S. 20-259.01).
Can more than one driver be at fault in a ramp crash?
Yes. Arizona uses comparative fault, and each defendant generally pays only its own share. Your damages may be reduced by any share of fault assigned to you, but generally not barred (A.R.S. 12-2505 and 12-2506).
How long do I have to bring a claim?
Arizona generally allows 2 years from the date of injury under A.R.S. 12-542. If a public entity may share fault, a notice of claim is generally due within 180 days (A.R.S. 12-821.01) and a lawsuit within 1 year (A.R.S. 12-821).
Injured truck driver claims
Can a truck driver get workers' comp in Arizona?
If you are legally an employee, generally yes. Arizona's comp system covers employees of employers subject to the law (A.R.S. 23-902). Independent contractors are generally not covered by the motor carrier's comp policy. Your contract label does not always decide the question.
I'm an owner-operator. What coverage do I have if I'm hurt?
Many owner-operators carry an occupational accident policy, sometimes required by the carrier they lease to. These are private insurance contracts, so benefits and limits vary by policy. You may also have a claim against an outside party who caused the injury.
Who can an injured truck driver sue?
Depending on the facts, possible defendants include another driver, another trucking company, a shipper or loader, a maintenance shop, or a parts manufacturer. Your own employer is generally protected by the comp exclusive-remedy rule (A.R.S. 23-1022).
Can my company fire me for reporting a safety problem or refusing to drive?
Federal law, 49 U.S.C. 31105, prohibits employers from firing or disciplining drivers for certain protected safety activity, including some refusals to drive in violation of safety rules. A complaint generally must be filed with the Secretary of Labor within 180 days.
My dispatcher pushed me to drive past my hours. Does that matter for my claim?
It may. Federal rules prohibit motor carriers, shippers, receivers, and transportation intermediaries such as brokers from coercing drivers to break safety rules, including hours-of-service limits (49 CFR 390.6). Evidence of that pressure can matter in a liability case.
How long do I have to file a claim?
Arizona's general deadline for injury lawsuits is two years (A.R.S. 12-542), but shorter deadlines can apply, including the one-year rule in A.R.S. 23-1023 for workers on comp and public-entity notice rules (A.R.S. 12-821.01).
Underride and blind-spot crashes
What is an underride truck accident?
It is a crash where a car, motorcycle, bicycle or pedestrian goes partly under a truck or trailer. Because the trailer bed sits above the hood of most cars, the trailer can strike the windshield and passenger area.
Are trailers required to have rear underride guards?
Most trailers and semitrailers with a gross vehicle weight rating of 10,000 pounds or more, made on or after January 26, 1998, must have a rear impact guard that meets the federal safety standards in effect when the trailer was made, with listed exceptions. See 49 CFR 393.86.
Are side underride guards required?
As of October 2026 there is no federal requirement for side underride guards on trailers. NHTSA published an advance notice of proposed rulemaking on side underride guards on April 21, 2023 (88 FR 24535), an early step that is not a final rule. Check the current status before relying on this.
What is a truck's no-zone?
No-zone is a common term for the areas around a truck where the driver has little or no view, often directly in front, directly behind, and along both sides, especially the right side. A truck driver still has a duty to check that a lane change or turn can be made safely (A.R.S. 28-729, 28-754).
Can a truck legally swing wide to make a right turn in Arizona?
Arizona law lets the driver of a vehicle or combination at least 40 feet long, or at least 10 feet wide, deviate from the lane as needed for a right turn in a way that avoids contact with other people or vehicles. The duty to avoid contact remains. See A.R.S. 28-751.
What if a missing or broken guard made my injuries worse?
A guard that was missing, damaged or poorly maintained may be relevant to who is responsible and to how serious the injuries were. The carrier, trailer owner or manufacturer may be investigated, depending on the facts.
Work zone truck crashes
Who can be responsible for a work zone truck accident?
Depending on the facts, the truck driver, the trucking company, a construction or traffic control contractor, or a public entity that owns or manages the road may be investigated. Each party's share of fault is generally decided separately under Arizona law (A.R.S. 12-2506).
I am a road worker who was hit by a truck. Can I do more than file workers' comp?
Workers' compensation is generally the only remedy against your own employer and co-workers, with limited exceptions, under A.R.S. 23-1022. But you may also have a claim against a third party, such as the trucking company, under A.R.S. 23-1023. If you do not file that third-party lawsuit within one year after the cause of action accrues, the claim is deemed assigned to your employer's workers' comp insurer or self-insured employer.
What is the deadline if ADOT or a city may be at fault?
Claims against a public entity or public employee must be filed as a notice of claim within 180 days after the cause of action accrues (A.R.S. 12-821.01), and a lawsuit generally must be filed within one year (A.R.S. 12-821).
Is a private construction contractor treated like a government agency?
Not automatically. Arizona's public entity statutes define employee to exclude independent contractors (A.R.S. 12-820). A private contractor may be subject to the regular two-year deadline in A.R.S. 12-542, but the facts and contracts need review.
Are speeding fines higher in Arizona work zones?
Yes. In a designated state highway work zone where workers are present, a driver found responsible for speeding pays an additional assessment equal to the civil penalty under A.R.S. 28-710.
What evidence matters most after a work zone crash?
The traffic control plan, sign and barrier placement, project daily logs, flagger records, the truck's electronic data, the driver's hours-of-service records and any camera video can all matter. Some of it may be changed when the work zone moves.
Fatal truck accidents and wrongful death
Who can file a wrongful death claim in Arizona?
Under A.R.S. 12-612, the action is brought by the surviving spouse, a child, a parent or guardian, or the personal representative of the person who died. It is brought on behalf of the surviving spouse, children, or parents, or, if none survive, on behalf of the estate.
Can each family member file their own lawsuit?
Generally, no. Under A.R.S. 12-612, the action is brought by one of the listed people for and on behalf of all the statutory beneficiaries. Any recovery is divided among them in proportion to their damages (A.R.S. 12-612(C)).
How long do we have to file a wrongful death lawsuit?
Generally two years from the date of death (A.R.S. 12-542). Shorter deadlines can apply if a government entity may share fault, including a 180-day notice of claim (A.R.S. 12-821.01).
Is there a cap on wrongful death damages in Arizona?
Arizona's constitution says no law may limit the amount of damages recovered for causing death or injury, with a narrow exception related to people engaged in felony conduct (Ariz. Const. art. 2, sec. 31; art. 18, sec. 6).
What damages can a family recover?
A.R.S. 12-613 lets the jury award damages it finds fair and just for the injury the death caused to the survivors, considering mitigating or aggravating circumstances. Arizona's civil jury instruction lists loss of love, affection, companionship, care, protection, and guidance; the survivors' grief and mental suffering; lost income and services; reasonable funeral and burial expenses; and reasonable medical expenses for the injury that caused the death. Not every element applies in every case (A.R.S. 12-613; RAJI Personal Injury Damages 3).
What if my loved one was working when the crash happened?
Workers' comp death benefits may be available to dependents, and a claim against an outside party such as a trucking company may still be possible. A.R.S. 23-1023 sets a one-year rule and a carrier lien that can affect that claim.