hero-desktop-nogradient (2)

Free Consultation

Consulta gratuita

  • This field is for validation purposes and should be left unchanged.
  • This field is for validation purposes and should be left unchanged.
"My wife and I found Torgenson Law the beginning of 2023. Hunter and his colleagues were very easy to work with! They knew exactly how to address our problems and that made me feel very comfortable. This is a Professional Team that I highly recommend. Thank You for all your help." "Mi esposa y yo encontramos Torgenson Law a principios de 2023. Fue muy fácil trabajar con Hunter y sus colegas. Sabían exactamente cómo abordar nuestros problemas y eso me hizo sentir muy cómodo. Este es un Equipo Profesional que recomiendo altamente. Gracias por toda su ayuda." Stephen K. Read our 5 Star Google Reviews Lea nuestros comentarios de 5 estrellas en Google

Fountain Hills Truck Accident Lawyers

According to the Arizona Department of Transportation, there were 15,481 accidents involving commercial trucks or buses in 2022. Collisions involving trucks are significantly more serious and have far-reaching consequences compared to accidents that involve only passenger vehicles, and there are several reasons for this heightened level of danger and severity.

The sheer size and weight of trucks contribute to the seriousness of collisions. Trucks are much larger and heavier than typical passenger cars. This size and weight disparity means that when a truck is involved in a collision, the impact force is substantially greater.

Second, trucks have longer stopping distances and more significant blind spots than smaller vehicles. The longer stopping distance means that a truck, once it realizes the need to stop, will travel a greater distance before coming to a complete halt compared to a passenger vehicle.

The impacts of truck collisions are not limited to immediate physical harm and property damage. Victims often face long-term health issues, such as chronic pain, disability, and psychological trauma. This can lead to significant medical expenses, loss of income, and a decreased quality of life.

Given the potential for severe injury, loss of life, and complex legal implications, collisions with trucks are understandably serious matters that warrant significant attention and rigorous safety regulations. If you’ve been injured in a truck accident, call the Fountain Hills truck accident lawyers who understand the complexities surrounding these types of accidents and who know how to build a compelling case.

What Do You Need to Prove in a Commercial Truck Accident Claim?

To succeed in a commercial truck accident claim, you must carefully establish several critical elements to demonstrate that the truck driver, trucking company, or another party was at fault for your injuries and damages. The requirements for proving your claim often involve complex legal and factual issues.

  • Duty of Care. Establish that the defendant — the truck driver, trucking company, or other responsible entity — owed you a duty of care. In the context of commercial trucking, the duty of care is inherent as all drivers, especially those operating large vehicles, have a responsibility to act in a manner that ensures the safety of other road users.
  • Breach of Duty. Breach of duty can involve showing that the driver was operating the vehicle recklessly, was under the influence of alcohol or drugs, violated traffic laws, or that the trucking company failed to maintain vehicles, properly train drivers, or enforce regulations designed to prevent fatigue.
  • Causation. Demonstrate a direct causation between the defendant’s breach of duty and the accident. This means showing that the accident would not have occurred if it weren’t for the defendant’s negligence or misconduct.
  • Damages. Damages in a commercial truck accident claim can include medical expenses, lost wages, loss of earning capacity, pain and suffering, rehabilitation costs, and property damage. You must provide evidence of these damages through medical records, employment documents, expert testimony, and other relevant documentation.

Given the complexities involved in proving a commercial truck accident claim, it’s beneficial to consult with the Fountain Hills truck accident lawyers at Torgenson Law. Our attorneys provide valuable guidance, help gather and analyze evidence, and advocate on your behalf to receive the compensation you deserve.

What Makes Truck Accidents More Complicated?

If you’ve been involved in an accident with a large commercial truck or semi-trailer, there are some things you should know to understand why these accidents are more complicated.

Multiple Parties

Unlike accidents between passenger vehicles, truck accidents often involve multiple parties, including the truck driver, the trucking company (carrier), the vehicle’s owner (if different), cargo loaders, and potentially others. Determining liability can become complicated, especially when more than one party may share the fault.


The trucking industry is also subject to numerous federal and state regulations, including hours of service for drivers, maintenance standards, weight limits, and more. Violations of these regulations can contribute to accidents and affect liability and the outcome of claims. Navigating these regulations requires expertise and can complicate the claims process.

Dealing with Insurance

Trucking companies typically have commercial insurance policies with high coverage limits due to the potential for significant damage. Dealing with commercial insurers can be challenging, as they often have experienced legal teams dedicated to minimizing payouts.

Evidence Collection

Collecting evidence in truck accident cases can be more complex. This may include the truck’s electronic logging device (ELD) data, dashcam footage, the truck’s maintenance records, the driver’s employment history, and more. Preserving this evidence quickly is crucial, as some data, like ELD information, might only be required to be kept for a limited time.

Establishing Cause

Establishing the cause of a truck accident can be complicated due to factors such as driver fatigue, mechanical failures, improper loading, and more. Expert witnesses, such as accident reconstruction specialists, may be necessary to determine causation.

Lawyers experienced in Arizona trucking accidents understand the specific challenges these cases present, from navigating federal regulations to dealing with commercial insurers and calculating the true cost of injuries and damages. This expertise is crucial in ensuring victims receive fair compensation for their losses.

Compensation After a Commercial Truck Crash

The actual compensation you can expect in a trucking accident claim in Arizona depends on several factors, such as the jurisdiction where the accident occurred, the specifics of the accident, the severity of injuries and damages sustained, and the trucking company’s degree of negligence. Here are the common types of compensation victims may pursue:

  • Medical Expenses
  • Lost Wages
  • Property Damage
  • Pain and Suffering
  • Loss of Consortium
  • Punitive Damages

Given the potential complexity and the high stakes involved, most victims choose to work with Fountain Hills truck accident lawyers. Our litigators can navigate the legal intricacies, negotiate with insurance companies, and, if necessary, represent your interests in court

How Is Fault Determined in a Commercial Truck Accident Case?

Determining fault in a commercial truck accident case involves a complex process due to the nature of these incidents and the various parties that could be potentially liable. The process often requires a thorough investigation and the application of relevant laws and regulations. Here’s an overview of how fault is generally determined:

Investigation of the Accident Scene

This involves collecting evidence from the scene of the accident, such as skid marks, vehicle positions, damage to the vehicles and surroundings, and any road signs or signals.

Review of Documentation

Important documents include the truck driver’s hours of service logs, vehicle maintenance records, the commercial driver’s license (CDL) records, the truck’s electronic logging device, and cargo records.

Witness Statements and Police Reports

Statements from witnesses and the official police report provide critical third-party perspectives on the accident. They can offer insights into the behavior of the truck driver and other involved parties before and during the accident.

Expert Analysis

Experts such as accident reconstruction specialists are often brought in to analyze the evidence and determine how the accident happened. Their analysis can help identify factors like speed, the point of impact, and the sequence of events leading to the accident.

Violation of Traffic Laws or Regulations

If it’s determined that the truck driver or any other involved party violated traffic laws or federal and state trucking regulations, this can directly impact fault determination. Regulatory compliance is a significant factor in assessing fault in commercial truck accidents.

Comparative Negligence

In some Arizona jurisdictions, fault can be shared among multiple parties, including the commercial truck driver, the trucking company, other involved vehicle drivers, or even parties responsible for road maintenance or vehicle parts manufacturers. The concept of comparative negligence may reduce or apportion fault (and compensation) based on the degree of each party’s negligence.

Multiple Parties Liability

Commercial truck accident cases often involve multiple potentially liable parties, including the truck driver, the trucking company, the cargo loaders, or the manufacturers of the truck or its components.

Who Can Be Held Responsible?

In the event of a truck accident, determining who can be held responsible is only sometimes straightforward, as multiple parties could be involved. Responsibility depends on the case details, including the cause of the accident. Here are some parties that could potentially be held liable:

  • Truck Driver
  • Trucking Company
  • Truck Owner
  • Cargo Loaders
  • Parts Manufacturers
  • Maintenance Providers
  • Other Drivers

Determining liability involves a thorough investigation into the accident, including the review of police reports, witness statements, company records, and, sometimes, expert testimonies. The complexity of truck accident cases typically requires the involvement of Arizona truck accident attorneys who can navigate the various laws and regulations that could influence the outcome.

How Long Do You Have to File a Commercial Truck Accident Lawsuit?

In Arizona, the time frame within which you must file a lawsuit regarding a commercial truck accident or any motor vehicle accident is generally governed by the statute of limitations. As of April 2023, for a personal injury lawsuit stemming from a commercial truck accident, you typically have two years from the date of the accident to file a claim. This time frame is in accordance with Arizona Revised Statutes section 12-542.

If the accident resulted in the death of a loved one, and you are filing a wrongful death lawsuit, the statute of limitations is also generally two years in Arizona, but this period starts from the date of the individual’s death, which might not be the same as the date of the accident.

It’s critical to pay attention to these deadlines because failing to file your lawsuit within the statute of limitations usually means losing your legal right to seek compensation for your injuries or loss. However, exceptions and specific circumstances might affect these deadlines, such as if the injured person is a minor or if the lawsuit is against a government entity, which requires a notice of claim to be filed much sooner.

Common Causes of Truck Accidents

Truck accidents can be caused by a variety of factors, often involving a combination of human error, mechanical failure, and environmental conditions. Here are some of the most common causes of truck accidents:

  • Driver Fatigue. Long hours on the road without sufficient rest can lead to driver fatigue, one of the leading causes of truck accidents.
  • Speeding and Reckless Driving. Speeding or engaging in reckless driving behaviors increases the risk of accidents, as it becomes more difficult for the truck driver to respond to road hazards or traffic conditions in time.
  • Distracted Driving. This includes any activity that diverts attention from driving, such as texting, using a smartphone, eating, or adjusting the radio.
  • Impaired Driving. Operating a truck while under the influence of alcohol, drugs, or certain prescription medications can severely impair a driver’s judgment, coordination, and reaction times, significantly increasing the risk of accidents.
  • Improper Loading. The improper loading of cargo can lead to unbalanced weight distribution that can affect the truck’s handling and stability, increasing the risk of rollovers or losing control of the vehicle.
  • Lack of Proper Maintenance. Brake failures, tire blowouts, and engine problems are common mechanical issues that can lead to accidents if not addressed.
  • Inadequate Training. Inadequate training around driving techniques, safety regulations, and load management can contribute to accidents.
  • Adverse Weather Conditions. Poor visibility or slippery roads can lead to accidents if drivers are not properly trained or fail to adjust their driving to accommodate the weather.
  • Poor Road Conditions. Potholes, uneven road surfaces, and lack of proper signage can contribute to truck accidents.
  • Equipment Failure. Apart from maintenance issues, design flaws or manufacturing defects in truck parts can also lead to accidents.

Common Injuries Caused by Commercial Truck Accidents in Fountain Hills

In Fountain Hills, Arizona, commercial truck accidents can lead to severe injuries and fatalities, often due to the massive size and weight difference between tractor-trailer trucks and passenger vehicles. Here are some common injuries caused by commercial truck accidents:

Traumatic Brain Injuries (TBI)

These can range from mild concussions to severe brain damage. TBIs can result from the head being hit by objects during an accident.

Spinal Cord Injuries and Paralysis

The impact from a commercial truck collision can cause injuries to the spinal cord, which might lead to paralysis (including paraplegia or quadriplegia), significant nerve damage, or other spinal injuries that could affect mobility and sensation.

Broken Bones

The force involved in truck accidents can easily cause fractures, including broken ribs, arms, legs, and pelvises, which might require surgeries and long-term rehabilitation.

Internal Injuries

Internal bleeding and injuries are especially dangerous because they might not be immediately apparent after the accident, yet they are life-threatening if not treated promptly.

Lacerations and Burns

Sharp debris and the force of impact can cause deep cuts and lacerations. In cases where either vehicle catches fire, occupants can also suffer serious burns, which might need extensive treatment and can lead to significant and permanent scarring.

Whiplash and Soft Tissue Injuries

These injuries affect the muscles, ligaments, and tendons and can range from minor sprains to severe, chronic pain conditions.

Loss of Limbs

In extreme cases, limbs or extremities can be crushed or severely damaged, requiring surgical amputation. Amputations can result from being trapped in wreckage or from severe burns or infections.

Psychological Trauma

Survivors of commercial truck accidents often experience psychological injuries, including post-traumatic stress disorder (PTSD), anxiety, depression, and phobias related to driving or vehicles.

Due to the severity of these injuries, victims of commercial truck accidents need to seek immediate medical attention and then seek professional legal advice to address the complexities involved in such incidents.

Call The Arizona Truck Accident Lawyers at Torgenson Law

Torgenson Law has been working in Fountain Hills for over two decades. If you or a family member has been injured or harmed because of the negligence of a trucking company or driver, call us for a free case evaluation. Our experienced legal team will work with you to gather all the information required to build a strong case.

With Torgenson Law, we’ll provide a free consultation to explain your options for obtaining compensation for your injuries. We investigate the circumstances surrounding your accident and advise you on the best path to success. Our entire team is committed to securing justice for your pain and suffering. To get started, contact us online or call 602-726-0747.