A motor vehicle accident often leaves its mark on victims, whether in the form of personal injuries, emotional distress, trauma, or grieving for a loved one. There are many different factors that can complicate a traffic accident, and one of them is the involvement of a company or work vehicle.
If you’ve been in a work van accident in Arizona, you need to understand your legal rights and preserve important evidence. You may be able to recover compensation for your personal injuries, but work van accident cases can be complex.
The causes of work van accidents can be many, including the following:
A work van accident can cause serious, sometimes catastrophic personal injuries to its victims. Head injuries, concussions, and traumatic brain injuries are common, as are injuries to the back, neck, or shoulders. Spinal injuries, sometimes including partial or full paralysis, are also possible. Broken or fractured bones, severed limbs or digits, and internal injuries can be caused by a work van accident, and soft tissue injuries and whiplash are also common.
Personal injuries from a work van accident can culminate in significant out-of-pocket costs. For example, you may need various medical tests, imaging, and treatments, and you may even need to be hospitalized following your accident. You may need nursing or home care as you recover, along with various types of therapy. You may lose income if you are unable to go to work.
You may also have various types of general damages, such as pain and suffering, mental anguish, the loss of enjoyment of activities that you can no longer do as a result of the accident, and a general decline in the quality of your life.
First, it is important to understand the circumstances under which a work van accident is considered to be an accident “on the job,” making it qualify for workers’ compensation. For example, the following scenarios will likely qualify:
In contrast, in the following scenarios, work van accidents are typically not covered by worker’s compensation laws, as they are considered outside the scope of employment:
Next, it is important to understand how liability may work in a work van accident. If you have been injured while driving a work van, you can typically depend on workers’ compensation, even if you were totally or partially at fault.
An Arizona employee is entitled to workers’ compensation benefits if they sustain a “personal injury by accident arising out of and in the course of employment,” according to A.R.S. 23-904. There are only two exceptions to this rule, as employers are not required to carry worker’s compensation insurance for independent contractors, or casual employees who are, “not in the usual business of the employer.”
Filing a workers’ compensation claim will provide payment for medical care and disability income while you are unable to work. However, benefits are limited and will not fully compensate you for all of your losses. If a third party was fully or partially at fault for the accident. For example, if another driver’s behavior caused the crash then you might have the right to file a personal injury lawsuit if you can establish negligence or recklessness. Doing so would provide you with the opportunity to recover compensation for property damage, pain and suffering, and possibly punitive damages.
A negligence claim will require you to prove that the third party owed you a duty of reasonable care on the road and breached that duty when causing the accident. You will also need to prove that the third party’s conduct directly caused your injuries and damages.
Our managing attorney, John Torgenson, has devoted 100% of his career to fighting against insurance companies. He believes those who are injured should be fully and fairly compensated. We understand the significant impact of a serious work van injury on a person and their family, and we want to help you get back on your feet.
Liability in a work van accident can be a complicated issue to prove, and most likely, there will be insurance companies involved. When you’re negotiating with a large insurer, it is essential that you have an experienced and knowledgeable attorney by your side, to ensure you receive a fair and reasonable settlement.
An Arizona work van accident can leave you with significant injuries and losses, and Torgenson Law can help ensure you receive the medical care you need. Let us focus on your claim so that you can focus on getting better.
We will negotiate with the other parties and their insurance companies, and if a reasonable resolution is not possible, we will build a strong case on your behalf to present at trial. Give us a call today at 602-726-0747 or reach out online for a free case evaluation.