Free Consultation 24 Hour Response
Call Today Local (480) 498-8998
free consultation
no fee unless we win
F(480) 546-5262
Request Free Consultation

What To Do After a Truck Accident in Arizona?

Posted on August 29, 2022 in

Under Arizona law, an accident between two passenger vehicles is very different than an accident between a passenger vehicle and a commercial truck. If you have the misfortune of being involved in an accident with a commercial truck, know there will be questions asked and actions taken that are different than those relating to a car accident.

Qualification

Before getting to the specifics of the actions to be taken, let it be known that the steps are given in the context of the driver or the passenger vehicle being able to perform on their own behalf. Unfortunately, there are often serious injuries to those in a personal vehicle and, often, cannot gather the necessary information at the scene. If this should be the case, then these fact-finding measures will be handled by the responders at the scene. This information must be obtained as soon as practicable after the accident.

The General View

In Arizona, there are laws and definitions specific to an accident involving a commercial truck. First, Arizona defines a commercial truck as one used primarily for carrying or hauling property other than the personal property of the driver or the passengers. This definition needs to be met before the laws specific to a truck accident apply.

Laws Governing Truck Accidents

In truck accidents, both Federal and Arizona laws will be considered. Federal laws establish standards to which a trucking company and the drivers must comply. Arizona has laws governing commercial trucks to keep all drivers safe on the roads.

When information is being gathered relative to the scene of the accident, there will also be information gathered relative to compliance with Federal and State laws prior to the accident. There is significantly more information to be gathered in a truck accident.

The above paragraphs are a precursor to the following information. Again, if the driver or any of the passengers in the private vehicle cannot perform these steps, then these steps must be taken, and followed through, as soon as practicable after the accident of their behalf.

What To Do After the Accident

The following must be performed:

  1. assess the condition of those involved in the accident
  2. call for the police and emergency vehicles
  3. obtain the contact information of the truck driver and the relevant information as to the owner of the truck and the cargo, and
  4. obtain the contact information of any witnesses

The above information will be handled by the police at the scene and will be made available to all parties involved in the accident and to their attorneys.

Liability of the Trucking Company and Others

Arizona carries the theory of “respondeat superior.” This theory can be applied to a trucking company for it to be liable for the actions of its employee driver if both of the following are met:

  1. the actions of the driver were not intentional; and
  2. the driver was acting within the scope of employment.

The above conditions are assumed that the driver is an employee of the trucking company. Often, drivers are independent contractors of the trucking company. In addition, the trucking company may not be the owner of the truck or of the cargo being hauled.

This is where and how the technicalities and the layers of potential responsibility come into play.

Accidents between a passenger vehicle and a commercial truck carry different sets of laws and regulations, the severity of injuries are serious and the pool of persons and entities identified as involved is larger.

In order to properly protect your position, it is imperative to retain a personal injury attorney in Arizona specializing in accidents involving commercial trucks. This expertise will be needed when the evidence is being gathered and the responsible parties are being identified.