You’ve Been In a Truck Accident, What Are Your Options
A truck accident can be one of the most frightening and overwhelming events a person can experience. You may find yourself dealing with serious injuries, medical bills, and questions about how to recover both physically and financially. If you’ve been hit by a truck, you need to know what your options are and what steps you can take to protect your rights. The Law Office of Shiloh K. Hoggard, P.L.L.C. can help you understand your legal options so you can pursue the compensation you deserve.
Option 1: Sue the Truck Driver
In Arizona, if a truck driver’s negligence caused the accident, you have the option to sue the driver personally. Negligence is defined as the failure to act with reasonable care, and this can include actions such as distracted driving, speeding, or driving under the influence.
Under Arizona Revised Statutes (A.R.S.) § 12-2506, Arizona follows a comparative negligence rule, meaning that even if you were partially at fault for the accident, you can still recover damages. However, your compensation will be reduced by your percentage of fault. For example, if you were found to be 20% at fault, your compensation would be reduced by 20%.
The process of suing the truck driver involves gathering evidence to prove that their actions led to the accident and your injuries. This evidence can include witness statements, police reports, video footage, and the driver’s logbooks, which may reveal violations of federal hours-of-service regulations. Our skilled Camp Verde personal injury attorney can help you determine whether suing the truck driver is the best option for your case and assist you in building a strong claim to maximize your compensation.
Option 2: Sue the Trucking Company
Under Arizona law, the trucking company may also be held liable for your accident, especially if the company’s actions contributed to unsafe conditions. A trucking company can be liable for the negligence of its drivers under the legal doctrine of “respondeat superior,” which holds employers responsible for the actions of their employees while on the job. Additionally, the company can be directly liable for negligence in hiring, training, supervising, or maintaining the vehicle.
The trucking company may also be responsible if it failed to properly maintain the truck, leading to mechanical failures. According to Federal Motor Carrier Safety Administration (FMCSA) regulations, trucking companies must conduct regular inspections and maintenance. Failure to comply with these regulations can result in liability. Suing the trucking company can often result in a higher compensation payout because they typically have more resources and insurance coverage.
Our local injury attorneys will investigate whether the trucking company’s negligence played a role in your accident, gathering evidence such as maintenance records, driver employment history, and company policies. We will then take the necessary legal action to ensure that you receive fair compensation for your injuries and losses.
Option 3: Sue the Insurance Company
In truck accident cases, insurance companies play a significant role in determining the amount of compensation you may receive. Arizona law requires that all commercial trucks carry liability insurance, which can provide coverage for injuries and damages caused by the accident. You may have the option to pursue a claim directly with the insurance company representing the truck driver or trucking company.
However, insurance companies often try to minimize their payouts, and the initial settlement offers are usually much lower than what you may be entitled to. If the insurance company is acting in bad faith—such as unreasonably delaying payment, denying a valid claim, or offering an unfairly low settlement—you have the right to sue the insurance company under Arizona’s bad faith insurance laws (A.R.S. § 20-461).
The Law Office of Shiloh K. Hoggard, P.L.L.C., can negotiate on your behalf to ensure that the insurance company treats you fairly and, if necessary, take the insurance company to court to protect your rights. Our goal is to help you receive the full compensation needed to cover your medical bills, lost income, and other damages related to the accident.
Option 4: Sue a Third Party
Sometimes, third parties may also be responsible for a truck accident. This could include the manufacturer of a defective truck part, a contractor responsible for improperly loading the cargo, or even a maintenance company that failed to properly service the truck. For instance, if a defective tire or brake component led to the accident, the manufacturer could be held liable for damages. Similarly, if the truck’s cargo was improperly loaded, causing the truck to become unbalanced and leading to the accident, the party responsible for loading the cargo could be held accountable.
If a third party’s negligence contributed to the accident, you have the legal option to sue them for damages. Identifying all potentially liable parties can significantly increase the amount of compensation you receive, as it allows you to pursue multiple sources of recovery. Our contingency lawyers in Arizona will work to identify all parties who may share liability for your accident, gather evidence, and build a comprehensive case against them. This approach ensures that you receive the maximum compensation available under the law.
Option 5: File a Wrongful Death Lawsuit
If a loved one was killed in a truck accident, Arizona law allows surviving family members to file a wrongful death lawsuit (A.R.S. § 12-611). A wrongful death claim can help surviving family members seek compensation for funeral expenses, loss of companionship, and financial support the deceased would have provided. These claims can be brought by the surviving spouse, children, or parents of the deceased.
The process of filing a wrongful death lawsuit can be emotionally challenging, but it is often necessary to hold the responsible parties accountable and secure the financial support your family needs. The Law Office of Shiloh K. Hoggard, P.L.L.C., is dedicated to helping grieving families pursue justice for their loved ones. We will handle all aspects of your wrongful death claim, from gathering evidence to representing your family in court.
Option 6: Pursue Compensation for Your Injuries
After a truck accident, you have the legal option to pursue compensation for your injuries and other losses. This may include:
- Medical Expenses: Coverage for hospital bills, surgeries, rehabilitation, and other necessary medical treatments. Truck accident injuries are often severe, leading to significant medical costs. Compensation should cover both current and future medical expenses related to the accident.
- Lost Wages: Compensation for any income you have lost as a result of being unable to work due to your injuries. If your injuries are long-term or permanent, you may also be entitled to compensation for future lost earning capacity.
- Pain and Suffering: Compensation for the physical pain, emotional distress, and reduced quality of life caused by the accident. This type of compensation is designed to address the non-economic impact of your injuries, such as chronic pain or psychological trauma.
- Property Damage: Compensation for damage to your vehicle or any other property affected by the accident. This may include repair or replacement costs for your vehicle and any personal belongings that were damaged in the crash.
We can help you evaluate your losses and seek the full compensation you deserve. We will work with medical experts, vocational specialists, and other professionals to document your injuries and calculate the true value of your claim.
Option 7: Take Legal Action to Protect Your Rights
If negotiations with insurance companies or liable parties do not result in a fair settlement, you have the option to take legal action to protect your rights. Filing a lawsuit can be a powerful way to hold those responsible accountable and ensure you receive just compensation. Litigation may involve presenting evidence in court, questioning witnesses, and making persuasive arguments to a judge or jury.
The prospect of going to court can be intimidating, but having an experienced legal team by your side can make all the difference. At the Law Office of Shiloh K. Hoggard, P.L.L.C., we are prepared to represent you in court and advocate for your rights throughout the entire legal process. Our goal is to provide you with the legal support you need to secure a favorable
Schedule a Consultation
One of the most important options available to you is to schedule a consultation with an experienced personal injury attorney. This consultation allows you to discuss your case, explore your legal options, and make informed decisions about your next steps. During this meeting, we will evaluate the circumstances of your accident, explain your rights, and provide you with an honest assessment of your case.
If you have been injured in a truck accident, you have multiple legal options for pursuing justice and compensation. The Law Office of Shiloh K. Hoggard, P.L.L.C., can help you determine the best course of action and take the necessary steps to protect your rights and recover from the physical, emotional, and financial impacts of the accident. Let us fight for your best interests—contact us today to schedule a consultation and begin your path to recovery.