If you have been injured in a trucking accident, you may be wondering if you have a case. Arizona is an at-fault state, which means you will need to prove the other driver did something negligent in order to cause the accident. This sounds like a scary hurdle to have to jump, but it may not be as difficult as you think. Here are seven ways you may be able to prove negligence caused your trucking accident.
1: The driver was driving over 65 miles per hour
By law, truck drivers may only drive a maximum of 65 miles per hour. If the truck driver who hit you was driving faster than this, you may have a strong case for negligence. Fortunately, data such as the truck’s speed is tracked, and your attorney can request it if you believe the truck was driving too fast.
2: The truck driver was driving too fast for conditions
A related issue is if the truck driver was driving too fast for the current conditions. If the roads were steep, curvy, or wet, for instance, and the driver was not adjusting the truck’s speed accordingly, you may have a case that inappropriate speed caused your accident.
3: The driver was on the road for too long
Another restriction placed on truck drivers is how many hours they are allowed to drive before stopping for a break or until the next day. Truck drivers who have been driving too long may start to make mistakes that could lead to an accident. If you believe inattentiveness caused your trucking accident, your attorney can request documentation showing how many hours the driver had been on the road leading up to the crash.
4: The driver had a lack of proper training
Sometimes the issue isn’t that a driver was deliberately breaking the rules, but that the driver lacked the appropriate training. This may be because the driver misrepresented their training when they interviewed with the company, or because the company has a habit of using less experienced drivers to save money. Either way, this can qualify as negligence, either on the part of the driver or the trucking company.
5: The company has a history of high turnover
If, once your attorney starts looking into the trucking company, they find that the company has a history of high turnover, that may be a red flag with which you can build your investigation. A high rate of turnover demonstrates more than just employee dissatisfaction. It also indicates that the company may not be taking the time to train employees correctly, which can lead to negligence and accidents.
6: The vehicle didn’t meet maintenance standards
If the accident investigation determines that the accident was caused by equipment failure, you and your attorney will want to request maintenance records for the vehicle prior to the accident.
7: The vehicle was using defective equipment
If there was an equipment malfunction, it may not have been due to a lack of vehicle maintenance, but rather a defect in the equipment. In this case, it may be in your best interests to focus your case on the manufacturer rather than the truck driver or company.
If you’ve been injured in a trucking accident, it’s important to talk to an attorney as soon as possible to start looking into the cause of the accident. Remember, you have a maximum of two years in which to bring your case to court. Contact the Simon Law Group today for a consultation of your case.
