PHOENIX              TRUCK ACCIDENT LAWYER

Time Frame on Your Phoenix Truck Accident Claim

While each case is unique, here’s a general overview of what to expect:

1. Immediate Aftermath: Go to the doctor, report the accident to the police, and notify your insurance company.
2. Initial Consultation (1-2 weeks): Discuss your case with a Phoenix truck accident lawyer. At Big Chad Law Injury & Accident Lawyers, we offer free initial consultations.
3. Investigation Phase (1-3 months): Your lawyer will gather evidence, obtain police reports, interview witnesses, and consult with their legal team.
4. Medical Treatment and Documentation (Ongoing): Continue receiving necessary medical treatment and keep detailed records of all expenses and how the injuries impact your daily life.
5. Demand Letter: Once you’ve reached maximum medical improvement or your long-term prognosis is clear, your lawyer will send a demand letter to the insurance company.
6. Negotiation Phase: Your lawyer will negotiate with the insurance company to reach a fair settlement. This process can take several months.
7. Lawsuit Filing (if necessary): If a fair settlement can’t be reached from the other side, your lawyer may file a lawsuit. This typically happens within 1-2 years of the accident, depending on the statute of limitations.
8. Discovery Phase (6-12 months after filing): Both sides exchange information and evidence. This includes depositions, interrogatories, and document requests.
9. Mediation or Settlement Conferences (12-18 months after filing): Many cases settle during this phase, where both parties attempt to reach an agreement outside of court.
10. Trial: If the case goes to trial, it can take several days to weeks.
11. Appeals: If either party disagrees with the trial outcome, they may file an appeal, which can extend the process by several months to years.

Arizona’s statute of limitations for personal injury claims, including truck accidents, generally gives you two years from the accident date to file a lawsuit. 

However, there can be exceptions to this rule, which is why you need to consult a lawyer as soon as possible after your accident.

8. Punitive Damages: In extreme negligence or intentional misconduct cases, punitive damages come into play.

The compensation you may receive depends on the severity of your injuries, the impact on your life, and the available insurance coverage. Our experienced Phoenix truck accident lawyer at Big Chad Law Injury & Accident Lawyers will thoroughly assess your case to ensure all available avenues of compensation are considered.

Arizona follows a comparative negligence rule. If you’re partially at fault for the accident, your compensation may decrease by your percentage of fault. However, you can still recover damages if you’re not more than 50% responsible for the accident.

5. Fatigue: Driving while exhausted, often due to:

• Violating hours of service regulations
• Poor sleep habits
• Health conditions like sleep apnea

8. Inadequate Vehicle Maintenance: Neglecting to perform regular inspections and maintenance, leading to mechanical failures.

Proving truck driver negligence often requires a thorough investigation and legal representation. At Big Chad Law Injury & Accident Lawyers, our team has experience identifying and documenting these forms of negligence.

3. Rest Breaks:

• Drivers must take a 30-minute break after driving for eight cumulative hours without at least a 30-minute interruption.

6. Adverse Driving Conditions Exception:

• Drivers can extend the 11-hour maximum driving limit and 14-hour driving window by up to 2 hours when encountering adverse driving conditions.
• Short-Haul Exception:

If HOS violations are discovered, they can be powerful evidence in your truck accident case. By thoroughly examining all aspects of regulatory compliance, we build the strongest possible case for our clients.

Hours of Truck Service Regulations

Hours of Service (HOS) regulations are federal rules to prevent truck accidents. Understanding these regulations is part of investigating truck accidents, as violations can be strong evidence of negligence.

1. 14-Hour Driving Window:
• Drivers may not drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty.
• Off-duty time does not extend the 14-hour period.
2. 11-Hour Driving Limit:
• Drivers may drive a maximum of 11 hours during the 14-hour on-duty window.
3. Rest Breaks:
• Drivers must take a 30-minute break after driving for eight cumulative hours without at least a 30-minute interruption.
4. 60/70-Hour Limit:
• Drivers may not drive after 60/70 hours on duty in 7/8 consecutive days.
• A driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off duty.
5. Sleeper Berth Provision:
• Drivers using a sleeper berth must take at least 8 consecutive hours in the sleeper berth, plus two consecutive hours either in the sleeper berth, off duty, or any combination of the two.
6. Adverse Driving Conditions Exception:
• Drivers can extend the 11-hour maximum driving limit and 14-hour driving window by up to 2 hours when encountering adverse driving conditions.
7. Short-Haul Exception:
• Certain short-haul drivers are exempt from the 30-minute break requirement and may have a 16-hour driving window once per week.

If HOS violations are discovered, they can be powerful evidence in your truck accident case. By thoroughly examining all aspects of regulatory compliance, we build the strongest possible case for our clients.

Who is Responsible For My Phoenix Truck Accident?

At Big Chad Law Injury & Accident Lawyers, our Phoenix truck accident lawyers conduct thorough investigations to identify all potentially liable parties. Here are some of the entities that might be held responsible:

1. Truck Driver:
• Responsible for operating the vehicle safely and adhering to traffic laws and regulations.
• May be liable for negligent actions such as speeding, distracted driving, or violating hours of service rules.
2. Trucking Company:
• May be vicariously liable for the actions of their employees (the drivers).
• Can be directly liable for negligent hiring, inadequate training, or encouraging drivers to violate safety regulations.
3. Truck Owner:
• If different from the trucking company, may be responsible for maintaining the vehicle in safe operating condition.
4. Cargo Loader or Shipper:
• Responsible for properly loading and securing cargo.
• Can be liable if improperly loaded or secured cargo contributes to an accident.
5. Truck Manufacturer:
• May be held liable if a defect in the truck’s design or manufacturing contributed to the accident.
6. Parts Manufacturer:
• Could be responsible if a defective part (e.g., brakes, tires) played a role in the accident.
7. Maintenance Provider:
• If poor maintenance contributed to the accident, the company responsible for servicing the truck may be liable.
8. Government Entities:
• May be responsible if poor road design or maintenance contributed to the accident.
• Subject to special rules and shorter deadlines for filing claims.
9. Other Drivers:
• In multi-vehicle accidents, other drivers may bear partial responsibility.

• Over 11,000 traffic accidents involved large trucks and buses in Arizona, according to the Arizona Department of Transportation.
• FMCSA reports that approximately 510,000 large truck crashes resulted in 114,000 injuries and 4,479 fatalities nationwide.
• The FMCSA has strict rules all commercial trucking companies and drivers must obey, such as specific hours of service and training regulations.
• The FMCSA reported that the most common truck driver-related errors that led to accidents included speeding, distraction or inattention, and impairment of any kind, including alcohol or drug usage or fatigue.

Truck Accident Collisions: Where Do They Occur in Phoenix, AZ?

While truck accidents can happen anywhere in Phoenix, certain areas pose a higher risk due to traffic patterns, road design, and the concentration of commercial activity.

Here are some of the most common locations for truck accidents in Phoenix:

1. Interstate 10 (I-10):
• One of the busiest highways in Phoenix, I-10 sees a high volume of truck traffic.
• The section known as the “Deck Park Tunnel” is particularly prone to accidents due to sudden speed changes and merging traffic.
2. Interstate 17 (I-17):
• This north-south freeway is a major trucking route and accident hotspot, especially near downtown Phoenix.
• The interchange with I-10, known as the Stack, is a complex area where accidents frequently occur.
3. U.S. 60 (Superstition Freeway):
• This east-west freeway experiences heavy truck traffic and frequent accidents, especially during rush hours.
• With numerous delivery trucks and construction vehicles, the downtown area experiences its share of truck-related accidents.

Schedule Your Free Consultation With a Phoenix Truck Accident Lawyer Today

After a truck accident in Phoenix, don’t face the aftermath alone. The experienced team at Big Chad Law Injury & Accident Lawyers are here to help you fight for the compensation you deserve.

Take the first step towards justice and recovery. Contact us today at (602) 560-5820 for your free, no-obligation consultation. Our compassionate team is ready to listen to your story, answer your questions, and let you know your legal options.