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4 Steps to Winning a Truck Accident Claim in Phoenix
March 31st, 2022
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News & Politics
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3 minute read
4 Steps to Winning a Truck Accident Claim in Phoenix
Phoenix, AZ - The number of truck accidents in the US has been rising steadily over the past decade. According to a recent study by the Federal Motor Carrier Safety Administration (FMCSA), in 2016, the number of people injured in truck crashes nationwide was almost double as compared to 2009, rising from 74,000 people to 145,000 people. The same trend can be observed in Arizona, where large urban centers, like Phoenix, account for most of the commercial vehicle accidents in the state. As truck accidents often result in severe or life-changing injuries, victims need a lot of money. However, recovering damages is a complex process and you’ll need experienced Phoenix truck accident lawyers to prepare your case.To recover damages for a truck accident you will have to file a personal injury claim and the main thing is to prove that the crash was caused by someone’s negligence. Your lawyers will look into the case to see who may be liable for damages - the trucker, the trucking company, the maintenance company, those responsible for loading the vehicle, or the manufacturer of a defective part. There are four steps in a negligence case:Duty of careYour Arizona truck accident lawyers will first have to show that the party at fault had a duty of care. Drivers are required to look after the safety of other road users. The trucking company is responsible for training and monitoring its own employees, and providing adequate maintenance for its vehicles. The shipping company is responsible for the cargo, making sure the truck is not overloaded and the load is balanced and properly secure. All these elements amount to a clear duty of care.Breach of dutyThis is the part where your attorneys will have to show in what way the party at fault failed in its duty of care. If the trucker was speeding this violation of traffic rules represents a breach of duty. On the other hand, if the trucker made an error, but his judgment was impaired by driver fatigue, both he and his employer may be held accountable. If a mechanical failure led to the crash, it will be the trucking or maintenance company that failed in its duty of care.Injuries
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