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Proving fault in an Arizona truck accident

On Behalf of Harris, Powers & Cunningham PLLC | Apr 25, 2018 | Car Accidents

When you are involved in a truck accident in Arizona, it is likely that there may be extensive financial damages as a result. But in addition to the financial consequences of such an event, you might have to deal with emotional stress and physical injuries.

If you were the driver of a car when you were involved in an accident with a truck, you may have reason to believe that the accident was the fault of the truck driver. Commercial truck drivers must be professionally trained and have stricter regulations imposed on them than drivers of non-commercial vehicles. This is because their large, heavy vehicles possess the capacity to do much more damage than smaller passenger vehicles.

How can I prove that a truck driver was at fault for my accident?

The first thing you should do after being involved in an accident with a truck is ensure the safety of all parties. Next, make sure that all evidence is preserved. This will include taking photos from all different angles. The investigating officer will conduct Breathalyzer or drug tests if necessary and obtain witness statements.

All of this evidence can make the difference between a successful and unsuccessful legal claim. The cause of the accident needs to be established. If, for example, the truck driver was speeding, under the influence of alcohol or drugs or using their phone while driving, there needs to be sound evidence to prove this. Most trucks also have a data recorder, or “black box”, containing valuable information on the driver’s conduct. Preserving the data from the recorder is very important.

It is also possible that you may be able to pursue a legal claim against the trucking company in lieu of or in addition to your claim against the driver of the commercial truck. The trucking company has certain responsibilities to make sure that their drivers are safe at all times. The incident may have been due to negligence on the part of the trucking company, e.g., hiring poorly-trained drivers who lack experience driving in hazardous conditions on the road.

If you have been involved in a trucking accident in Arizona, you should be proactive in starting the process by documenting the damage and contacting a qualified attorney to help you in the investigation.

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