If you’ve been in an accident with a large commercial truck, most likely you have substantial property damage to the vehicle and potentially serious injuries to you and your passengers. The truck’s insurance company may have even made a settlement offer, and you’re not sure whether to accept it. Do you have a case worthy of pursuing? Here are a few indicators that you may be owed a large settlement from your trucking accident.
If You’re Within the Two-Year Limit
In Arizona, most accident cases must be pursued within two years of the accident. This may seem like plenty of time to you now, but remember that everything takes more time than you think. If you have injuries and are still going to medical appointments, you may need to wait to assess the extent of your injuries before accepting any settlement. But also, it takes time to gather evidence, build a case, and go to court, so you will need to leave yourself plenty of time before your two years run out. The best approach is to find an experienced trucking accident attorney and get the ball rolling now, even if you still need to assess the total extent of your injuries.
If the Accident Was Found To Be Due To Driver Negligence
If your accident was found to be due to driver negligence on the part of the truck driver, you may have a case. Trucking laws have numerous restrictions on truck drivers to reduce the likelihood of accidents. For instance, truck drivers are prohibited from going over 65 miles per hour on the highway, and must cap their driving time to prevent fatigue and inattention. Of course many drivers don’t follow these rules, whether to maximize their income or in response to pressure from their employer or clients. If they were found to be in violation of trucking safety restrictions, you may have a strong case against either the driver or the company.
If the Driver Was Unqualified
If the police officer who wrote up the accident found the truck driver to be unqualified, you may also have grounds for a case. Oftentimes, trucking companies hire unqualified drivers due to a lack of qualified drivers, the expense of getting new drivers qualified, and the lure of saving money on an unqualified driver’s lower wages. In this situation, you’d have a strong case against the trucking company for putting someone on the road they knew shouldn’t be behind the wheel of a semi.
If the Cause of the Accident Was Equipment Failure
Another strong case would be if the accident was found to be the result of equipment failure. Depending on the failure, the responsibility could fall to the driver for improper operation, the owner of the truck for missed maintenance, or even the manufacturer if the equipment was found to be faulty altogether. Often truck owners skimp on maintenance in order to save money, despite regulations that require regular inspections and maintenance. If something like this caused the trucking accident that injured you, you may have a strong case for compensation.
The Importance of an Experienced Trucking Accident Attorney
There are many factors that go into a trucking accident claim, and it can be overwhelming to try to figure everything out on your own. To ensure you’re making good decisions that will provide you with much-needed compensation for your injuries and property loss, it’s best to talk to an experienced attorney. Contact Simon Law Group, PLLC, today to schedule a consultation of your case.
