{"id":371624,"date":"2019-06-03T15:07:04","date_gmt":"2019-06-03T20:07:04","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/arizona-law\/what-to-do-after-a-truck-accident-in-arizona.html"},"modified":"2019-06-04T14:02:02","modified_gmt":"2019-06-04T19:02:02","slug":"what-to-do-after-a-truck-accident-in-arizona","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/arizona-law\/what-to-do-after-a-truck-accident-in-arizona.html","title":{"rendered":"What to Do After a Truck Accident in Arizona"},"content":{"rendered":"\n
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What to Do After a Truck Accident in Arizona<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

The last thing you remember before waking up in the hospital with a severe headache and several casts on your body was singing along to "King of the Road" as you cruised down the interstate. The nurse tells you what happened, explaining how lucky you are to be alive after being hit by a truck whose driver had fallen asleep behind the wheel. You’ll be okay, but will need a few months of physical therapy and won’t be able to work for quite some time.<\/p>\r\n

It wasn’t your fault, but now you’re stressed about making the mortgage payment on your Scottsdale home as medical bills pile up. Arizona law requires you to prove negligence<\/a> (with help from your insurance company) when filing a claim for a motor vehicle accident. Since the trucking company didn’t provide the driver with adequate rest breaks, causing him to nod off, you might be able to file a claim against the driver’s employer.<\/p>\r\n

In any event, you’ll probably want an attorney to help sort everything out as you recover. The following information will help you get up to speed on what to do after a truck accident in Arizona.<\/p>\r\n

What to Do After a Truck Accident: First Steps<\/h2>\r\n

If you’re involved in a truck accident, make sure you check on everyone involved immediately following the accident<\/a> and call for emergency help — unless you’re seriously injured. Also, if possible, move your vehicle out of traffic. Next (again, if you’re physically able to do so), take notes and photos; talk to any witnesses to the crash; and exchange information with the other parties (i.e. driver’s license information, truck driver’s employer, insurance information, etc.).<\/p>\r\n

Arizona Truck Accidents: Liability for Injuries<\/h2>\r\n

Since Arizona is an "at-fault" state, you’ll need to prove the other driver was negligent or reckless in causing your injuries. The state also employs the legal theory of pure comparative negligence, which assigns liability in proportion to each<\/i> party’s percentage of fault. For instance, if the driver was speeding on an icy roadway, but you were reading text messages on your phone, both parties will share some portion of the blame (which will affect the damages you’re able to claim).<\/p>\r\n

Also, make sure you speak with an attorney before signing onto a settlement<\/a> right after the accident. Insurance companies may try to minimize their legal exposure by rushing a settlement before the extent of your damages has been realized. If you sign a settlement, you won’t be able to claim additional damages later (such as soft tissue injuries<\/a> that aren’t always apparent right away).<\/p>\r\n

Arizona Truck Accident Laws: The Basics<\/h2>\r\n

Few incidents are more frightening than being swept off the highway by a jackknifing big rig, especially when it results in serious injuries. The following is a summary of laws and regulations pertaining to Arizona truck accidents, written in an easy-to-read format.<\/p>\r\n\r\n
Statutes<\/b><\/td>\r\n

Arizona Constitution, Article II:<\/p>\r\n

Liability and Negligence<\/b><\/td>\r\n

If you’ve been injured as the result of a truck accident, you should file a claim with your insurance company. Arizona is an "at-fault<\/i><\/b>" state, which means any claim for injuries must prove that the other party was negligent (many other states are "no-fault" states).<\/p>\r\n

Arizona law applies "pure comparative negligence<\/a>" to claims, which means a jury (should it ever go to trial) will assign percentages of fault to each party when awarding damages. This same formula is also applied to insurance settlements.<\/p>\r\n

The truck driver’s employer, the owner of the truck, the manufacturer of the truck, the truck maintenance company, and other parties also may be held liable (via their insurers).<\/p>\r\n

Examples of negligence include:<\/p>\r\n

Damages<\/b><\/td>\r\n

Economic recovery, or damages<\/a>, may include the following:<\/p>\r\n

Federal and State Trucking Regulations<\/b><\/td>\r\n

Truck drivers and their employers must adhere to Federal Motor Carrier Safety Administration (FMCSA<\/a>) and Arizona Department of Transportation (ADOT<\/a>) regulations. You’ll want to establish whether the truck driver violated any of these regulations before filing a claim, which include:<\/p>\r\n

Statute of Limitations<\/b><\/td>\r\n

Within 2 years<\/i><\/b> if anyone was injured or killed in the accident (also, within 2 years for property damage).<\/p>\r\n

Keep in mind that for wrongful death claims<\/a> the "clock" starts running at the time of the victim’s death, which may come later than the date of the accident.<\/p>\r\n

See also Arizona Civil Statute of Limitations<\/a>.<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note:<\/b> State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.<\/i><\/p>\r\n

Research the Law<\/h2>\r\n