Under Arizona’s comparative negligence laws, an injured party is allowed to recover damage compensation even if he or she is 99% at fault.
Fatalities caused by truck accidents in 2020 numbered 4,965 and decreased by 1% from the previous year, revealing that 71% of passengers killed were occupants of other vehicles. Tractor trailer truck accidents are catastrophic because of the size discrepancy between a big rig and a passenger vehicle, the cargo weight distribution, and the possibility of toxic spills, or fires when a commercial truck is carrying flammable liquids and pressurized gases. Drivers are primarily responsible for the actions of their vehicle, but some fault may fall on truck owners, trucking companies, cargo loaders and manufacturers if they are found to take part in negligent activity that may have caused the accident.
There are increased roadway dangers that cause catastrophic loss to other drivers when commercial truck drivers do not adhere to Federal and Arizona state regulations against driving while fatigued, distracted driving, driving under the influence of drugs or alcohol, reckless driving, and maintaining proper mechanical inspections. A Chandler truck accident lawyer can help when deviations from regulations result in Arizona accidents. Victims or loved ones may wonder: “Where can I find attorneys near me?” to assist with guidance and necessary litigation to cover related medical costs, wage loss, or pain and suffering due to changes caused by the truck accident.
Time to file and damages
Under Arizona’s comparative negligence laws, an injured party is allowed to recover damage compensation even if he or she is 99% at fault. The compensation for the damages from the injury may be adjusted based on what percentage of fault each party is assigned and the circumstances of the accident. It is beneficial to consult with a Chandler accident lawyer that relies on expert teams, and formulas to seek fair compensation after an accident. In the State of Arizona individuals have two years to file a legal claim, unless the accident occurred at a job, or at a government agency, when deadlines can be shortened to six months.
Wrongful death claims
If a tractor trailer accident causes fatal injury, surviving loved ones can hire an attorney to file a wrongful death legal action. Damages in these lawsuits can include:
- Medical bills and burial expenses
- Compensation for lost wages
- Compensation for pain and suffering
- Punitive damages that are intended to punish the person who caused the death. Arizona law makes it difficult to sue for punitive damages that are meant to deter future similar acts. This difficulty comes from the lack of guidance in the laws on the books, coupled with restrictive state court rulings that have allowed for punitive damages only when an individual’s actions are found to be intentional, egregious, and harmful.
Hire legal counsel
Surviving loved ones of a fatal tractor trailer accident should contact a Chandler truck accident lawyer to determine next actions toward recoverable compensation and assistance to address any negative lifestyle impacts occurring after the loss of a loved one in a tractor trailer accident.
- ELD Fact Sheet – English Version | FMCSA (dot.gov)