At MDK Law Group, Our Phoenix Truck Accident Lawyers Help Our Clients Get Back to Pre-Accident Health
A truck accident often has devastating consequences. In addition to catastrophic or fatal injuries for your vehicle’s occupants, you may not know what steps you need to take to protect your rights. The truck accident lawyers at MDK Law Group can help you understand the complexities of your case. We meet with you throughout your case and explain your options every step of the way.
Our law firm fights for your rights and the compensation needed to help you recover and move forward with your life. We have answered some of the most common questions related to commercial truck accidents and encourage you to contact us to schedule a free consultation to discuss your claim.
What Happens If You Get Hit By a Truck?
The sudden impact of a collision often sends a blast of adrenaline through the body. You may not realize the severity of your injuries until hours, days or weeks later. You may have a wide range of injuries, including:
- Internal injuries
- Sprains and strains
- Broken and fractured bones
- Cracked jaw and facial disfigurement
- Torn ligaments, tendons, and muscle damage
- Back and neck trauma
- Seatbelt injuries
A big rig and its empty trailer weigh approximately 35,000 pounds. Trucking laws allow for weight up to 80,000 pounds. The average passenger car weighs between 3,500 and 4,000 pounds, while motorcycles weigh considerably less. This vast difference in weight often has disastrous consequences in a collision, whether you are on the highway or involved in a wreck at an intersection. Victims of these crashes often sustain life-altering injuries.
SPINAL CORD DAMAGE
The spinal cord is the bundle of nerves that runs down the center of your back, protected by the bony vertebrae of your spinal column. It transmits information from your brain throughout your body and back. When the nerves are severed, compressed, or damaged in any way, communication between the brain and parts of your body may be disrupted.
The severity of the damage depends on the injury location. For example, an injury to the mid-cervical spine between the skull and shoulders can affect a person’s ability to breathe. Lower damage can cause organ damage and loss of bladder control. If the spinal cord injury is incomplete, there may be some feeling or movement below the damage. If the injury is complete, there is a total loss of sensation and movement.
TRAUMATIC BRAIN INJURY
Head injuries typically have little or no outward sign of damage, making it challenging to diagnose and treat them. A TBI is caused by a blow, bump or jolt to the head that affects routine brain functions. You may experience the effects of an injury for a few days, a few months, or the rest of your life, depending on the severity of the damage. There are several types of TBIs resulting from a commercial truck collision.
- Concussion – Common in high-impact automobile collisions, this injury can result from violent shaking or a direct blow to the head and may or may not cause loss of consciousness. Mild concussions could cause headaches and sensitivity to light for one to several days. However, severe concussions could disrupt oxygen flow to the brain and result in permanent damage.
- Contusion – Bruises occur when capillaries or blood vessels are damaged and leak into the surrounding tissue. Contusions are bruises that result from an impact on the head. When the bruises happen in the brain, the blood has no place to go. If it builds up, it may require surgical removal.
- Coup-Contrecoup Injury – A coup injury happens under the point of impact. A contrecoup occurs on the side opposite the impact. When a severe blow hits the skull with great force, it can cause the brain to bounce off the opposite side of the head. Multiple contusions may result and require surgery.
- Diffuse Axonal Injury – This damage typically occurs in severe whiplash cases. The brain moves slower than the skull, which results in nerve tissue tears throughout the brain. Chemicals released into the brain due to the tearing can disturb normal brain functions, potentially causing permanent damage, coma or death.
If you believe your crash was caused by driver negligence, an Arizona truck accident lawyer at MDK Law Group can evaluate your case and provide legal guidance on pursuing a claim.
Who Is Liable for a Truck Accident In Arizona?
When facing property damage and injuries from a commercial truck accident, holding the correct party responsible for the crash is critical. Unlike accidents involving only passenger vehicles, there are several parties who may be at fault for the collision. A commercial vehicle accident attorney has a deep understanding of trucking laws and how the various parties that may have contributed to your accident, such as the:
- Truck driver
- Owner of the truck
- Shipper or loader of the cargo
- Trucking company
- Manufacturer of the truck or its parts
Semi-truck accidents are more complex than other types of motor vehicle crashes. Our truck accident attorneys conduct investigations into the circumstances of the crash to determine what caused the accident and who is liable. You may have several options for pursuing compensation.
Truck accident claims are often filed based on the negligence of one of the parties involved. If the driver lacked the experience or qualifications necessary to handle the big truck, the driver or trucking company might be liable. Trucking industry laws have strict requirements regarding cargo and several safety regulations. If the tractor-trailer was improperly loaded or overloaded, the shipper or cargo company might be at fault. In situations where the trucking company cut corners to make a deadline and ignored safety requirements, it may be held liable.
Truck drivers must complete logs, adhere to hours of service requirements and other state and federal regulations. If the truck was on a prohibited road, the driver violated traffic laws, did not take breaks as legally required, or was driving impaired, he or she could be responsible for the crash. A successful negligence claim encompasses a variety of elements:
- Establishing the responsible party had a duty of care
- Demonstrating that the party breached their duty by failing to act responsibly
- Proving that your injuries resulted from the breach of duty
- Showing that you suffered monetary damage due to the breach
The team at MDK Law Group will assemble the evidence needed to build a comprehensive case that illustrates the other party’s negligence was directly responsible for the crash and your injuries.
PRODUCT LIABILITY LAWSUITS
In some cases, defective products make the truck hazardous to the driver and others on the road. Commercial trucks often travel on highways, with speeds faster than 50 mph. Brake failure on a large truck can have devastating consequences. Inability to stop can result in a crash that involves the occupants of several vehicles.
Due to the size and weight of the trailers, the hitch that connects it to the truck must be in good working condition before the truck begins moving. If it fails and the trailer disconnects, it can crush anything in its path.
Any component that causes the driver to lose control of the truck can collide with vehicles, buildings, and other nearby objects. If your accident was caused by faulty equipment, an Arizona truck accident lawyer works to ensure you get the medical care you need and fight for a settlement that covers your losses and expenses.
WRONGFUL DEATH CLAIMS
Financial compensation can’t bring back a loved one killed in a truck accident. However, if someone else’s recklessness or negligence caused a loved one’s death, a wrongful death lawsuit may help you obtain the compensation you need to recover financially and provide closure.
You could file a wrongful death claim if the loved one was a spouse or partner, sibling, child, or another financially dependent person. A lawsuit of this type is a way to file a claim for a person who would have had grounds for a personal injury claim if they had survived. If a truck accident resulted in a fatality, you must prove that the party involved was negligent.
A wrongful death lawsuit is a civil action and not related to any criminal proceedings that may be a consequence of the accident investigation. You can file a claim, but only the government can charge someone with a crime.
There are three categories of damages you can potentially recover in a wrongful death lawsuit:
- Economic covers costs for medical treatments before death, funeral, and burial expenses. It can also cover the loss of benefits such as medical insurance and pension plans, lost wages and financial support, and the value of goods and services, such as childcare.
- Non-economic damages include loss of companionship, emotional distress, pain, and suffering.
- Punitive damages are awarded by the court, meant as punishment for the defendant.
Depending on the circumstances of the crash, there may be several parties that can be held responsible.
Why Do You Need Phoenix Truck Accident Lawyers?
Proving liability in a truck accident claim is a complex, time-consuming process. Experienced truck accident law firms have the resources to investigate a catastrophic crash thoroughly. They can collect evidence and documentation supporting your claim, such as:
- Traffic camera footage
- Police and accident reports
- Black box data from the truck
- Collecting and preserving evidence from the driver and trucking company
- Medical records that show the injuries you sustained in the crash
- Interviews with the healthcare professionals that treated you, detailing the severity of the damage
The companies involved in a truck crash often deny fault. They have teams of attorneys that may go to work immediately, ready to fight for them. This puts you at a disadvantage.
Our truck accident attorneys may consult with accident reconstructionists and other professionals with specialized training. We work on a contingency fee basis, which means we only get paid if your claim is successful. Contact us to schedule a free, no-obligation consultation. The experienced team of truck accident lawyers at MDK Law group can assess your situation and handle all of the legal issues while you focus on your recovery.