Commercial trucks and other large commercial vehicles are a constant presence on Arizona roads. Given their sheer size, weight, and limited maneuverability, they are often involved in crashes that can cause serious injuries and significant damage, even when the circumstances leading to the collision are not immediately clear.
Another challenge is that these vehicles are often owned or operated by well-funded companies with insurers and legal teams prepared to respond quickly after a crash. If you were hurt in a commercial truck collision that was not your fault, determining what happened and preserving the right evidence can be critical to protecting your claim.
A commercial vehicle is not limited to an 18-wheeler. Commercial vehicle claims may involve semi-trucks, delivery trucks, box trucks, utility vehicles, construction trucks, work vans, and other vehicles being operated for business purposes. A serious semi-truck accident in Arizona may involve several potentially responsible parties, especially when a trucking company, employer, or commercial insurer is involved.
Because these vehicles are often larger and heavier than passenger cars, even a collision that initially seems manageable can cause serious injuries. Common injuries include whiplash and other neck injuries, back injuries, nerve damage, broken bones, and traumatic brain injuries.
Some symptoms also develop or become more noticeable after the crash. Getting appropriate medical care promptly is important for your recovery and creates documentation of injuries related to the collision.
Arizona uses a fault-based system, meaning the person or entity responsible for causing a crash can be held financially liable for the resulting damages.
More importantly, Arizona law generally prohibits an insurer from increasing your auto insurance premium because of a collision that you did not cause or significantly contribute to. If an insurer raises your premium because of crash involvement, it must tell you why.
Your insurance company may still conduct its own investigation of the collision. That could include reviewing police reports, witness accounts, photographs, vehicle damage, and statements from the drivers.
Torgenson Law legal tip: If your insurer decides that you were partially or completely responsible and you believe that determination is wrong, do not assume you simply have to accept it. Ask for the basis of the decision in writing and speak with an attorney about the evidence before making statements that could affect your claim.
Commercial truck claims often involve evidence that does not exist in an ordinary passenger vehicle collision. The trucking company or its insurer may review the police report, driver logbooks and hours-of-service records, electronic logging device (ELD) data, dash-camera footage, electronic control module (ECM) or “black box” data, witness statements, and vehicle inspection and maintenance records.
That evidence can help answer important questions about who was responsible for the truck crash. It may show, for example, whether the driver was fatigued, speeding, distracted, or operating a poorly maintained vehicle.
The problem is that some of this evidence can be lost, overwritten, or destroyed over time. That is one reason contacting an attorney early can matter.
An insurance adjuster may contact you shortly after the collision and ask for a recorded statement. Even if the conversation sounds informal, what you say could later be used to challenge liability or minimize your injuries.
You may also be asked questions before you know the full extent of your medical condition. A person who says they are “fine” shortly after a crash may discover days later that they have a serious neck, back, or neurological injury.
Speaking with a truck accident attorney in Arizona before giving a recorded statement can help protect your rights and prevent your words from being taken out of context.
For many Arizona personal injury cases, the statute of limitations gives an injured person two years to file a lawsuit. Arizona Revised Statutes § 12-542 establishes a two-year limitations period for actions involving personal injuries.
But two years should not be viewed as a reason to wait. Trucking evidence can disappear, witnesses can become harder to locate, and memories fade.
There can also be exceptions that shorten or otherwise change the applicable deadline depending on who was involved and the facts of the case. An attorney can determine which deadlines apply to your particular commercial truck accident claim.
Who pays after a commercial truck accident depends on the facts of the case and may involve the driver, employer, trucking company, insurer, or another responsible party.
When a truck driver causes a collision while performing work duties, the driver’s employer may also bear responsibility under principles of vicarious liability.
Commercial trucking cases can become more complicated when companies characterize drivers as independent contractors rather than employees. The label alone does not necessarily answer the liability question. The working relationship, degree of control, ownership of the truck, and circumstances surrounding the trip can all matter.
The trucking company may also face separate liability for its own conduct, such as negligent hiring, inadequate supervision, unsafe maintenance practices, or other failures. In some cases, several parties may share responsibility.
You can learn more about the issues involved on our Arizona truck accident lawyer page.
There is no standard timeline for a commercial truck claim. A relatively straightforward case with clearly established liability and completed medical treatment may resolve sooner than a case involving serious injuries or disputed responsibility.
The timeline can depend on the severity of your injuries, how long medical treatment continues, the amount of evidence that must be investigated, settlement negotiations, and whether a lawsuit or trial becomes necessary.
It is generally important to understand the full medical and financial impact of an injury before accepting a settlement. Once a claim is settled, you ordinarily cannot return later simply because your injuries turned out to be more serious than expected.
Most personal injury attorneys, including Torgenson Law, handle truck crash cases on a contingency-fee basis. That means there are no upfront attorney fees, the initial consultation is free, and attorney fees are paid from a recovery rather than out of your pocket while the case is pending.
Fees and case expenses can change if extensive litigation or trial preparation becomes necessary. Our goal is to resolve a case fairly without putting a client through an unnecessary trial, but we prepare to litigate when an insurance company will not offer a fair resolution.
Torgenson Law’s Fair Fee Guarantee also reflects one of our core commitments: we will never take more in attorney fees than our client receives.
Commercial trucking companies may have investigators, insurance adjusters, and attorneys working on a collision almost immediately. You deserve someone protecting your interests too.
At Torgenson Law, we take pride in being the truck accident lawyer Phoenix residents rely on to investigate commercial vehicle crashes, preserve critical evidence, identify potentially responsible parties, deal directly with insurance companies, and prepare every case to go to trial if a fair settlement is not offered. But just as important, we take every case personally.
Our results reflect that commitment. In one wrongful death case, Torgenson Law obtained a $1 million settlement for a family after a commercial van rear-ended and killed their 81-year-old mother.
If you were hit by a commercial truck in Arizona and believe the crash was not your fault, you do not have to figure out the insurance and legal process alone. Contact Torgenson Law for a free case evaluation. You focus on healing. We will focus on protecting your rights and holding the responsible parties accountable.
A: Get medical attention, report the crash, document the scene if you can, and avoid giving a recorded statement to the trucking company’s insurer before getting legal advice.
A: Depending on the facts, responsibility may fall on the truck driver, the trucking company, an employer, a maintenance provider, or another party.
A: In many personal injury cases, Arizona’s statute of limitations is two years, although some exceptions can change the deadline.
A: If the driver was working at the time, the employer may be responsible, and the company may also face separate liability for issues such as unsafe hiring, supervision, or maintenance.
A: Most personal injury lawyers work on a contingency fee, which means no upfront attorney fees and payment only if compensation is recovered.
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.
