Truck Accident Liability Laws

In the United States, truck accident liability laws are made up of both state and federal road accident laws and rules. To find out who is at fault for a truck accident, these laws look at negligence, comparative fault (when more than one person could be at fault but each person is only responsible for their portion of the accident), the statute of limitations (how much time has passed since the accident), and evidence gathering.

You need a qualified and experienced truck crash lawyer to make sense of these liability laws for you and help you file a strong truck accident case. With a strong case, you can get the money you deserve after an accident.

In this article, we will discuss truck accident liability laws in the US.

Understanding Truck Accident Liability Laws

Legal talk can be confusing. Let’s make it simple:

Comparative Fault

In Arizona, the vehicle accident liability law follows the comparative fault rule, which means that people in a truck accident can receive a payout, even if they are responsible for the accident in some way.

How much they receive and how much they owe depends on how much damage they caused, and how much of those damages were their fault. For example, if you’re 30% responsible for the accident, you can still receive 70% of payment for the damages.

This is why a truck accident fault analysis matters. This analysis should be done by your lawyer and other vehicle accident experts.

Statute of Limitations

In Phoenix, the statute of limitations says you must file a personal injury case within two years from the date of your truck accident. If you file any later, you may not get your money.

Federal Regulations

The Federal Motor Carrier Safety Administration (FMCSA) sets the rules and regulations for truck safety. This means work trucks and delivery trucks must have certain hours of service, pass certain tests, and be regularly maintained.

If the trucker or trucking company failed to uphold these standards, they can be found at fault for the accident.

Evidence Gathering

‘Gathering evidence’ refers to getting reports of the accident, witness statements, police reports, medical reports of the victims and the truck driver, truck maintenance records, the truck driver’s work logbook, and the truck’s electronic logging device (ELD). Your lawyer will get this evidence to help build your case.

Negligence and Accountability

Determining liability for truck crashes is a complex process because there are usually a few parties who can be found liable. Hire an attorney who knows how to research truck accidents and do a proper fault analysis to ensure that your case includes everyone who can be found liable. This increases your chances of getting paid the full amount you deserve.

Liability of the Trucking Company

Trucking companies can be held liable for the accidents caused by their truckers. The company is also liable for the accident if they don’t follow the proper precautions, such as failing to do a proper background check on the truck driver or failing to service the truck as required.

The Bottom Line

Truck accident liability can be confusing, which is why hiring a reputable, skilled truck accident attorney after a crash is important. Gage Mathers has your back–reach out for your free consultation today!

About the Author

Joseph D'Aguanno

Guided by the belief that being a highly skilled specialist in a narrow field is better than being ordinary in everything, Joseph “JD” D’Aguanno leads Arizona’s best personal injury law firm in Phoenix, AZ. Having extensive cross-training in pre-litigation negotiations and trial lawyer skills, with decades of experience, JD strives to provide clients with the most valuable legal services a personal injury lawyer can provide. Under his direction, Gage Mathers Law Group is an award-winning personal injury law firm providing aggressive representation to victims of a car accident, medical malpractice, dog bite, motorcycle accident, and other injurious events. Gage Mathers is trusted by thousands of lawyers and clients throughout the country because of their reputation for getting clients the maximum compensation they deserve.

Years of experience: Over 24 years
Bar number: 020421
Location: Phoenix, AZ
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