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After a Yuma commercial truck accident, you may be faced with serious personal injuries, damage to your vehicle, and significant financial burdens. Along with the long road to recovery, you may be facing an uphill battle when trying to recover compensation for your damages.
Trucking accidents involve complex legal issues and often entail difficult, sometimes one-sided negotiations with large insurance companies. It is essential that you protect your legal rights if you have been the victim of a truck accident in or around Yuma, Arizona.
Generally, truck accident claims involve the law of negligence, which is a form of personal injury law. Negligence requires you to prove the following four elements:
As an example, say that the accident was caused by the truck driver improperly veering into your lane. To prevail on your Yuma truck accident claim, you will need to show that the truck driver breached their duty of reasonable care towards you by veering, which is something a reasonable driver would not have done towards other drivers on the road. You will also have to prove that by veering into your lane, the driver caused the accident, directly causing your injuries in the process — if it had not been for the driver’s veering, you would not have been injured.
There are many different reasons why commercial truck accidents can be more complex than other claims, including car accident matters. For starters, the extent of injuries after a Yuma truck accident can be very significant. Due to the sheer size and weight of the truck, getting hit by a commercial vehicle often means life-changing, even life-threatening injuries.
In turn, significant injuries also mean more significant damages, including economic expenses such as lost income due to inability to work and exorbitant medical bills for necessary treatment. Additionally, those losses can extend to general damages for pain and suffering, as well as the overall decline in the victim’s and their family’s quality of life. Post-accident victims may require lifelong care and find themselves incapable of engaging in activities they once enjoyed.
Complicating matters further, truck accidents often involve multiple parties who might be liable for the crash. The truck driver may bear responsibility for reckless or negligent driving, while the trucking company could be at fault for neglecting maintenance and inspections, leading to the accident. Legal principles like liability and damages play a crucial role in these cases, and those principles require you to prove fault liability in order to obtain compensation. While each trucking accident presents unique circumstances, they frequently entail complex issues that demand careful consideration and legal expertise, which is why it’s so crucial to speak with a Yuma truck accident lawyer in your case.
Injuries in a commercial truck crash can be extremely severe, ranging from head injuries or traumatic brain injuries to damage to internal organs. Serious injuries to the neck, back, or spine are also possible, with some cases resulting in partial or full paralysis. The most serious injuries in a commercial truck accident can even lead to the wrongful death of a loved one.
Injuries of this severity, of course, often lead to significant expenses. You may face medical bills, including the cost of a hospital stay, doctor’s visits, and specialist visits. You may accumulate bills for medical testing, imaging, and treatments, as well as prescription medication costs. You may have damage to your own vehicle, leading to mechanic’s bills or repair or replacement costs. You may also be unable to go to work, leading to lost income or wages. Additionally, you might be facing non-out-of-pocket costs, such as pain and suffering, loss of enjoyment of activities that you may no longer do, scarring or disfigurement, and the overall decline in your quality of life.
After a commercial truck accident, your bills will add up, but you may be able to recover compensation for the damages you have suffered. It is essential that you speak with a knowledgeable lawyer about ascertaining the full amount of your damages so that you can better understand what compensation you should be seeking. An experienced and knowledgeable personal injury attorney will be able to assess your damages, both your out-of-pocket costs and your general damages, which can be more difficult to ascertain.
In order to recover compensation for your damages in a truck accident case, you will need to establish fault liability — that is, showing that the other party was responsible for causing the accident and directly causing your injuries. To show fault, your attorney will focus on the other party’s actions. For example, the driver of the truck may be at fault if they were driving recklessly, not observing the rules of the road, or breaking traffic laws, such as by driving while distracted or drowsy. As another example, the trucking company may be at fault if they did not adequately maintain their fleet, such as by not making necessary repairs to a truck, leading to the cause of the accident.
Proving fault requires meticulous attention to the specific facts and circumstances of your case. For instance, if the accident occurred as a result of the driver’s inattention to the road, it will be important to show the specific facts regarding any distractions that the driver may have faced, such as texting or using electronic devices. Or, if the accident occurred because the truck driver failed to yield, it will be necessary to show the circumstances behind that failure.
In commercial truck crashes, it is possible for numerous parties to be held responsible for the accident. For example, the truck driver may be responsible if they were acting negligently at the time of the accident, such as by driving recklessly or driving while distracted or fatigued. The trucking company may also be held responsible for the actions of its employees as long as the driver was negligent within the regular course of their work duties. Moreover, it is possible to hold the trucking company liable for its failure to supervise or properly train its driver.
In some cases, the trucking company may be responsible for the accident, such as if there is an issue with the proper loading or maintenance of its fleet. If the trucking company failed to properly maintain the truck, and it led to the accident, you may be able to hold the company liable. Additionally, there are third parties that may sometimes be held liable for a truck accident. For example, a cargo company may face liability if they improperly loaded the cargo into the truck, causing the crash as a result.
Every type of claim is bound by a specific statute of limitations, which determines the deadline for filing your lawsuit. In Arizona, for instance, personal injury cases like those involving commercial truck accidents must be filed within two years from the accident date. Missing this deadline could result in forfeiting your opportunity to seek compensation. It’s crucial to be aware of your lawsuit’s deadline to ensure you preserve your right to pursue damages, which is why it’s important to consult with a knowledgeable attorney regarding your legal rights.
A trucking accident can stem from various causes, sometimes with multiple parties at fault. For instance, the truck driver may exhibit negligence or recklessness on the road, which may be the direct cause of your Yuma commercial truck accident. At the same time, the trucking company might have also breached its duty of supervision or neglected to perform proper truck maintenance, all of which may also be a cause of the accident.
Here are some prevalent causes of truck accidents in and around Yuma:
A Yuma truck accident can lead to many different types of injuries, some of which can prove to be significant and even life-changing. For example:
Why Choose Torgenson Law to Assist with Your Truck Accident Case?
At Torgenson Law, we have over 20 years of experience representing injury clients throughout Arizona. We focus solely on personal injury, giving us a deep understanding of all the laws, processes, and practices necessary for our clients to be successful. We understand that a truck accident can leave you with debilitating, often life-changing injuries, along with significant financial impacts on your life. After a trucking accident, you need a legal team on your side that will help negotiate with even the toughest defendants and insurers toward a favorable resolution.
We believe that constant communication is a vital part of the attorney-client relationship. We strive to keep the lines of communication with our clients open and always provide updates at each stage of every case. When you are hurt, you need lawyers who will have your back every single step of the way. Call us for a free consultation in your case, or request one online.
