No one wants to be involved in an accident with a commercial truck. It’s not only scary, but the legalities surrounding who is at fault in a truck crash in Arizona, and the compensation that may or may not follow, can be tricky to understand.
When it comes to truck accident liability in Arizona, there are a number of factors that are considered. Liability could be placed on the truck driver, the trucking company, the driver of the other vehicle or even a cargo loading company. Breaking down each aspect of liability for a commercial truck accident might make it easier to understand.
Arizona utilizes a comparative negligence rule, which means fault is divided among the parties involved in a commercial truck accident. Compensation is reduced by the percentage of liability assigned to each party, which means even parties assigned a percentage of fault can still recover damages in the wake of an accident.
Fault is determined based on a number of factors. The most common factors related to driver-related negligence are fatigue, distracted driving, speed or substance use. Additional factors include hours of service for the driver, which are regulated by the Federal Motor Carrier Safety Administration, and service or maintenance records.
Beyond the driver, the trucking company that employs the driver could hold some liability in an accident if it is determined that its hiring and training practices did not meet standards, or if a driver was forced to work beyond the mandated hours of service limit. In addition, a trucking company may be held liable if it knowingly employed or retained a driver with a poor safety record, putting other drivers on the road at risk.
In Arizona, employer liability for the negligent acts of an employee “during the course of employment” is known as “vicarious liability.”
It also isn’t uncommon for the cargo loading company working with the trucking company to hold some liability for an accident. If cargo wasn’t loaded properly or if it wasn’t secured safely, drivers may lose their load or experience a rollover or jackknife. Logistics or warehouse providers may also bear some of the fault in commercial trucking accidents.
The factors surrounding liability for a commercial truck accident are just as detailed as the investigative process that looks into the cause of the accident. Since liability can be placed in fractions on multiple parties involved, as far upstream from the accident as a warehouse provider or other third-party contractor, it’s important for drivers involved in a commercial truck accident to retain an experienced truck accident lawyer.
A commercial truck accident attorney, like the professionals at Torgenson Law, understands how to identify all the potential parties that may be held liable for the accident. With more than 20 years of experience and proven results in truck accident cases, Torgenson Law digs into the investigative process by reviewing driver logs, analyzing black box data and police reports, viewing surveillance footage and, if needed, tapping into accident reconstruction experts to gain a better understanding of speed, reaction time and the point of impact.
With an understanding of federal and Arizona trucking regulations, Torgenson Law knows the value of preserving evidence — from black box data to maintenance records and dispatch logs — to make sure every factor of an accident is examined.
Accidents involving commercial trucks can be complicated. The process of assigning liability can be a confusing one to anyone who doesn’t have experience in the field, and if a driver isn’t represented properly, compensation for damages may not be fully realized. Wading through complex layers of insurance and negotiating with corporate attorneys representing the trucker or trucking company requires expertise.
At Torgenson Law, we’ve been doing this for years. We know what questions to ask, what evidence to preserve and request, and how to maximize compensation for our clients — even if they are found partially liable.
No one should go up against corporate attorneys alone. The team at Torgenson Law is here to support you through this process, ensuring your best interests are represented. If you’ve been involved in a commercial truck accident, reach out to our team today.
No pressure, no upfront costs, just answers from a legal team that takes your recovery personally.
John Torgenson is a highly experienced personal injury lawyer with over 20 years of practice in Arizona. He earned his Bachelor’s degree from the University of Utah and his Juris Doctor from Notre Dame. John has a proven track record of securing substantial verdicts and settlements, including an $8.25 million recovery for a gunshot injury victim. His expertise has earned him AVVO ratings and recognition as a Super Lawyer.
John is also a sought-after lecturer on personal injury law, sharing his extensive knowledge with peers and aspiring attorneys. Beyond his legal practice, John is an avid golfer and actively supports organizations like the Military Assistance Mission, Arizona School for the Arts, Page Balloon Regatta, University of Arizona Foundation, Junior Achievement of Arizona, and the Tim Huff Pro Bono Golf Classic.
Passionate about advocating for injury victims, John dedicates his career to battling insurance companies and corporate interests, ensuring that the rights of those who are hurt are vigorously defended.
