How a Truck Accident Claim Works in Arizona

A truck accident claim works differently from an ordinary car claim. This guide explains why, what a lawyer does, what to do after the crash, what a claim may include and how our fees work. It is part of our Phoenix truck accident lawyer guide, which covers the whole topic in brief. It is general information, not legal advice for your situation.

Why truck cases are different from car cases

A crash with a tractor-trailer can look like any other collision at first. Under the surface, the claim usually works very differently. A truck crash claim is a claim against a business, not just another driver. The trucking company usually has an insurer, and the company or its insurer may start looking into the crash soon after it happens.

More than one party may share fault

In a car crash, there is often one driver and one insurance policy. In a truck crash, 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, depending on the facts. Our guide on who is liable in a truck accident walks through each one.

Arizona generally makes each defendant pay only its own share of fault, under A.R.S. 12-2506 (opens in a new tab). There are exceptions, for example when one party acted as another's agent or employee. That makes it important to identify every party that may be responsible.

Federal safety rules apply

Interstate trucking companies must follow the Federal Motor Carrier Safety Regulations. These cover driver hours, driver qualifications, drug and alcohol testing, inspections and cargo securement.

For example, a property-carrying driver generally may not drive more than 11 hours within a 14-hour on-duty window after 10 consecutive hours off duty, under 49 CFR 395.3 (opens in a new tab). A violation does not prove a case by itself, but it can be strong evidence. Read more about hours of service violations.

The crashes and injuries are often more serious

Large trucks can weigh 20 to 30 times as much as passenger cars, according to the Insurance Institute for Highway Safety (opens in a new tab). That difference in weight is one reason truck crashes can cause catastrophic injuries, the kind that need long-term care or change how a person works and lives. Common crash types include jackknife, rollover and tire blowout crashes and underride and blind-spot crashes, where a car slides beneath a trailer or a truck changes lanes into a vehicle the driver could not see.

When a crash is fatal, Arizona law lets a surviving spouse, child or parent, a guardian, or the personal representative of the estate bring a wrongful death claim under A.R.S. 12-612 (opens in a new tab). Our page on fatal truck accidents and wrongful death explains that process.

What a truck accident lawyer can do for you

A lawyer's job is to handle the parts of the claim that are hard to do while you recover. In a truck case, that often includes:

• Investigating the crash. Requesting the crash report, finding witnesses and, where useful, working with an accident reconstructionist.

• Identifying every responsible party. Looking up the carrier's USDOT number, operating authority and safety history, and checking who owned the truck and trailer.

• Finding all available insurance. Truck crashes can involve several policies, layered on top of each other. See truck insurance limits.

• Protecting the evidence. Sending a preservation letter before records are lost. See truck accident evidence.

• Documenting your losses. Gathering medical records, bills and proof of lost income.

• Dealing with the insurers. Handling calls and negotiations so you are not doing it alone.

• Filing suit when needed. Many claims settle, but some must be filed in court to protect your rights or to move forward.

You decide whether to accept any settlement offer. A lawyer can explain the options, but the choice is yours.

The trucking company's insurance adjuster may call soon after the crash. 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.

What to do after a truck crash in Phoenix

1. Call 911 and get medical care. Some injuries do not show symptoms right away. Follow your doctor's advice.

2. Get the crash report number. Write down the responding agency, such as the Arizona Department of Public Safety, Phoenix Police, another city police department or the county sheriff.

3. Photograph everything you safely can. Include the truck, trailer, any company name and USDOT number on the cab, the road and your injuries.

4. Collect names and contacts. Get the driver's information and the names of any witnesses.

5. Keep records. Save medical bills, pay stubs, receipts and notes about your pain and missed activities.

6. Be careful with insurers. You do not have to give a recorded statement to the trucking company's insurer.

7. If you were working, tell your employer. You may have a workers' comp claim as well. See hit by a truck at work.

8. Talk to a lawyer early. Preservation letters are most useful when sent quickly. You can request a free case review.

Deadlines start running at the crash. Our Arizona truck accident deadline calculator shows the key dates for your crash date.

When a claim becomes a trucking accident lawsuit

A truck accident claim usually starts with the insurers. A trucking accident lawsuit is filed in court when the claim does not resolve or when a deadline is close. In Arizona, most injury lawsuits must be filed within 2 years (A.R.S. 12-542 (opens in a new tab)), and shorter deadlines apply to public entities. Filing a lawsuit does not mean the case will go to trial. Cases can still settle after a lawsuit is filed, and the lawsuit lets each side request records, such as the carrier's driver logs and maintenance files, through the court process.

What a truck accident claim may include

The value of any claim depends on the facts, the injuries and the evidence. No lawyer can tell you in advance what your case is worth. In Arizona, an injury claim may seek money for losses such as:

• medical bills, now and in the future

• lost wages and lost earning ability

• pain, suffering and loss of enjoyment of life

• damage to your vehicle and property

• in a fatal crash, losses suffered by the family

Arizona's civil jury instructions list elements such as these, including pain, suffering, anxiety and loss of enjoyment of life (RAJI Personal Injury Damages (opens in a new tab)).

Arizona's constitution bars laws that cap damages for injury or death, under Article 2, Section 31 (opens in a new tab) and Article 18, Section 6 (opens in a new tab), with a narrow exception: a crime victim cannot be sued by someone harmed while committing, attempting or fleeing a felony.

Insurers often look closely at gaps in medical treatment and at statements you make early on. Keeping your appointments and keeping records can help show how the crash affected your life. For what affects claim value, see truck accident settlement value in Arizona.

If you were partly at fault

Arizona uses comparative fault. If you were partly at fault, your damages may be reduced by your share rather than barred, under A.R.S. 12-2505 (opens in a new tab). This rule does not help a person who intentionally, wilfully or wantonly caused or contributed to their own injury.

How our fees work

We handle truck accident cases on a contingency fee. You pay no attorney fee unless money is recovered for you. The fee percentage and how case costs are handled depend on the case. If there is no recovery, you may still be responsible for case costs. Those terms are set out in a written fee agreement before you sign.

You can try our truck accident lawyer fee calculator to see how a fee and costs could affect your net recovery. The calculator is an estimate only. Arizona Ethics Rule 1.5(c) (Ariz. R. Sup. Ct. 42) requires a contingency fee agreement to be in writing and signed by the client, and your written fee agreement controls.

Questions people ask about truck accident claims

Every case is different, and the outcome depends on the facts. For answers about your own situation, request a free case review.