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.

The Loss of a Parent

A child having to face the loss of a parent is hard enough, but it’s also important to consider the long-term implications for your family. Putting a value on the parent may seem impossible, but unfortunately it’s something that an insurance settlement will try to do following a fatal car accident. They will look at a variety of factors, from the parent’s financial contribution to the family and the potential value of lost future wages, to the emotional and social role the parent played in the family.

The Impossible Task: Putting a Value on a Parent’s Life

Your job will be to sit down with your attorney and discuss the late parent’s role in the family. Everyone’s lives will be forever changed from here on out, and that needs to be taken into account. For instance, in a situation where a parent was the family’s sole breadwinner, the other parent would need to replace that income. If there is no other parent in the picture, the children would need to be assigned a guardian, hopefully within the family. On the other hand, if the late parent was the primary caregiver, the surviving parent will need to be able to replace that care.

Even if the late parent was simply a contributor to a two-income family, the loss of that parent’s income could prove devastating, so the family still may be entitled to compensation.

When the Beneficiary Is a Minor

In situations where the beneficiary of a settlement is underage, everything can change. Arizona law requires any settlements of over $10,000 that will be paid to a minor to be approved first by the court. The court can decline the settlement if the judge determines the child’s best interests aren’t being met. If the court approves the settlement, it can require a conservatorship to be established to protect the child’s interests. If you are pursuing a claim on behalf of minor children, it’s especially important to find an experienced accident attorney to represent their interests and navigate the legal requirements of any compensation paid out to them.

Changing Views

Insurance payouts that reflect the economic value of a late parents are just one way to compensate car accident victims’ families. In a world where both parents’ income and caregiving are increasingly necessary, some laws are changing to reflect the weight of this loss. For instance, on May 25, 2022, Tennessee signed into law a bill that would require anyone convicted of vehicular homicide while driving drunk to pay child maintenance if the victim had a minor child. The new law reflects changing attitudes toward the value of parents, and soon we may find laws like these becoming more common everywhere.

Finding Legal Representation

Dealing with the death of a loved one is hard enough, but when losing a parent in a car accident means hardship for the surviving family, it can be especially difficult. Fortunately, if you’ve lost a loved one in a car accident, you may be due compensation that will at the very least make life a little easier for the entire family as you grieve. For a compassionate consultation of your case, contact the Simon Law Group today.

Each case is different. Even ones that sound the same or similar have a variety of components and variables that the court must factor in to come to a decision. When it comes to what will be awarded in an accident case, your accident attorney can help set a realistic expectation.

Big Accident Awards

Big accidents can include ones where there is significant damage, such as those involving a semi-truck and a vehicle, or in a motorcycle accident where the rider has significant injuries. Other big accidents can involve fatalities. When injury or death occurs through no fault of their own, the victim, and/or the victim’s family, can be compensated for the loss.

Because recovering from a large accident can take a long time, contacting an injury lawyer early is important for the getting the money you need to cover the costs.

Small Accident Awards

Often in small accidents, victims may choose to quickly accept the settlement offer from the insurance company so they can pay their bills. While sometimes this is an appropriate choice, other times it is overly simplified and short sighted. Even in a minor accident, concussions, whiplash, traumatic brain injuries or other problems develop, and the victim isn’t able to get the additional compensation needed for the medical care they require.

It is important to speak to an accident attorney to determine if the settlement the insurance company has offered is enough for your current and future needs.

What Can be Awarded in an Accident Case

All cases are different and depend on if you are the driver or passenger, the extent of the property damage and injuries. Some compensation is cut and dry, while others are more subjective and can’t be determined up front.

Medical bills. Medical expenses for not just current care, but future care will be considered, including rehabilitation, loss of certain abilities (such as loss of a limb or function of a body part), and more.

Job loss. When you are out of work due to an accident, it doesn’t take long for bills to begin to pile up. Compensation can be awarded for the loss of income while regaining health. In addition, compensation can be awarded if you aren’t able to return to your normal work activities. For example, if you are no longer able to lift and carry weight which was a primary function of your job, and you now need to work in an office at a lower rate of pay, you may be able to be compensated for that difference.

Property damage. If your vehicle has been totaled or needs repairs following an accident, you may receive money to replace or fix it. If other property has been damaged, ask about the replacement/repair of that as well.

Pain and suffering. There are a few terms that fall under the umbrella of emotional injury including suffering, the loss of companionship or joy. Because this is subjective (unlike medical bills that have a specific number attached to the care), it can really change the amount you can be awarded in an accident case.

Don’t simply choose an accident lawyer because they promise a huge award, but rather choose one who is honest with you and has proven results with accident cases. Simon Law Group in Phoenix, Arizona has been serving injured clients for over 20 years. We will support you in getting the compensation you deserve after an accident. Contact us today for your free consultation, and remember, Experience Matters!

• Never leaving the scene of an accident unless instructed to do so by police
• Move out of the way of traffic if possible – use safety cones or flares if needed
• Call 911 immediately, especially in the case of injuries
• Document the accident, such as writing down what happened and taking pictures
• Exchange contact information with the other driver, including insurance information

• A flashlight (with batteries)
• A multi-purpose tool
• A First Aid kit
• Jumper Cables
• Bottled water

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