Truck driver fatigue can pose a serious threat to others on Arizona roadways. Because of the size and mass of semi-trucks, other drivers, passengers, cyclists, and pedestrians are at a much higher risk of catastrophic injuries or fatalities in case of a collision. Many factors can escalate the risk of a crash, including distracted driving or intoxication. However, the nature of the trucking industry makes drowsy driving particularly likely. Truckers drive for many hours at a time, often in the dark, over long stretches of monotonous highways.

These conditions can help to foster exhaustion, something that poses a severe risk to others on the road. Accidents are more likely when truck drivers are exhausted, especially when they violate federal hours of service regulations. Truckers can drive 11 hours out of a 14-hour workday and are required to keep electronic logs, a change that came in 2017 in response to deadly truck crashes linked to fatigue.

Many industries are dependent on trucking, including in North Dakota’s oil region. Two fatal crashes that took place on a roadway bypass constructed explicitly to increase highway safety by reducing exposure to trucking accidents have drawn attention to this issue. In both crashes, one involving two semi-trucks and the other involving a large truck and a pickup truck, one of the semitrucks crossed the centerline of the road and rammed head-on into the other vehicle.

Weaving in and out of lanes can be one sign of truck driver fatigue, and the injuries to occupants of other vehicles can be catastrophic. People who have been hurt in a collision due to someone else’s negligent driving might want to have the help of an attorney when seeking compensation for their losses.

Email Us: [email protected]

Phone: (480) 757-5000

Fax: (480) 471-5181

Hours of Operation

Monday: 8:00 am – 5:00 pm
Tuesday: 8:00 am – 5:00 pm
Wednesday: 8:00 am – 5:00 pm
Thursday: 8:00 am – 5:00 pm
Friday: 8:00 am – 5:00 pm





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When dealing with a personal injury case, it’s nice to know what’s going on. This allows you to have confidence in what’s occurring during your case and not just trusting an attorney blindly. Although it’s important to pick an attorney that’s good at what they do and whom you can trust, it’s still important to be prepared and knowledgeable yourself. Having tabs on your own case and understanding the steps as they come allows you to make an informed decision when presented with one. Below covers some topics on personal injury cases when you are the one who has sustained the injuries.

What Does a Typical Personal Injury Case Look Like?

When an injury occurs at the negligence of another party, most states have laws that allow the person injured to recoup costs. This can include emotional trauma connected to the injury. Negligence can be from a workplace being unsafe or not kept up to code which resulted in an injury. Negligence can also include careless driving, malpractice by a doctor, and more. A typical case will have an injured party and a negligent party seeking to prove whether negligence was indeed the issue.

What Happens After Filing a Case?

The assumed negligent party is then served papers of the notice and becomes the defendant while you become the plaintiff. The next step is called “discovery” as lawyers on both sides gather evidence, ask questions, and build a case. Once this mode has ended, offers can be made before the case is taken to trial. If the offer is refused, it will go to trial and be decided by a judge. However, it’s common for personal injury cases to be settled outside the courtroom.

What Happens if I Win?

A judge or jury will decide an amount for damages and you will be rewarded this amount of money. Those deciding the amount will take into account the injury, grief caused by the injury, future wages lost, etc. All angles will be considered in order to fully cover the plaintiff. This is why cases like this are often settled outside of court.

How Long Do I Have to File a Case?

Each state differs on the length of time following an injury that you have to file a claim. This is referred to as the “Statute of Limitations.” Your attorney should be able to help you with this amount of time for your state. However, it’s always best to file a claim as quickly as possible following the injury. This often helps with evidence trails and the case in general.

Some other important notes to consider are that the defendant of the case isn’t punished. Other than paying out what’s rewarded to the plaintiff if they lose the case, a defendant won’t have to worry about aspects such as probation, jail time, etc. Further, if you decide to settle a case outside of court, this is when you and the defendant agree on a specific outcome of the case without a judge or jury. Your lawyer will handle the details.

You may have heard of an umbrella policy when discussing insurance. However, many people are unaware of what it actually is and how to utilize it. Because of this, umbrella policies may not be purchased or even used. When it comes to personal injury cases, it’s important to know what your umbrella policy will cover. After all, there’s no sense in having the policy if it’s not going to be of some use to you down the road. Keep reading for the basics of personal injury coverage with an umbrella policy.

What Does an Umbrella Policy Cover?

An average umbrella policy is basically an add-on to the policies you already have. This means it covers above what your normal policy covers. Bodily injury, personal injury, property damage, and landlord liability is what an umbrella policy more commonly covers. Umbrella policies don’t cover things like business losses, written or oral contracts, personal belongings, etc.

How Does an Umbrella Policy Work?

As mentioned above, an umbrella policy kicks in when your normal policy isn’t enough. It acts as a band-aid of extra coverage just in case your usual policy isn’t enough. For example, if you were in a car accident that was your fault, and the other party was injured in the incident, your normal car insurance will cover up to a certain amount. However, if something happens and the case ends up calling for more than your car insurance will cover, the umbrella policy will begin covering the amount that went beyond the coverage of your normal car insurance.

Perspective

Many people think having an umbrella policy isn’t worth it. However, here is a scenario to put it into perspective. Car insurance policies will only cover so much and you can’t purchase any more than their highest limit. Therefore, the only way to get extra coverage is to go for an umbrella policy. When personal injury cases are presented, aspects such as lost wages, grief, etc. are covered outside of the cost of medical bills for the injury itself. Say you hit a doctor and he sues you for lost wages on top of everything else. You could be looking at a million-dollar payout for damages with your car insurance only covering $500,000 of that. If your insurance doesn’t cover it, the judge and jury won’t care. You will still have to find a way to put the leftover damages amount. This can result in garnered wages, loss of property, home, other belongings, and more.

Umbrella policies aren’t necessary or required by law. However, they can prove to be quite the backup in such a sue-happy world. Umbrella policies commonly can be purchased in one million increments for up to five million in coverage.

Proving Negligence in a Personal Injury Claim In Mesa Arizona

When it comes to a personal injury case, the biggest factor that must be proven is negligence. Many people think of medical cases when this word pops up. However, this word applies to all personal injury cases. No matter the case, negligence must be proven. Keep reading for a further breakdown of what negligence means and how to prove it.

Duty – This refers to the duty a person had towards the person who was injured. For example, in a pedestrian accident involving a vehicle, the driver and the pedestrian have laws to uphold which is their duty to the people around them. In each particular case, it will be assessed whether or not the defendant had a legal duty in some way to the plaintiff. This is the first step.

Breach – Did the driver or pedestrian breach these duties? In other words, did they break the law and therefore fail at upholding their duty? It then must be proven that the duties the defendant had towards the plaintiff were breached or broken. However, it must be proven that this breach was done so in a manner that any reasonably prudent person might choose. There is a basic guideline that acts as a guideline for pointing out how the average person may breach their legal duties. If the attempted explanation of the breach doesn’t fall within these guidelines, then the defendant isn’t considered negligent. 

Causation – What caused the accident and was it because those duties were breached by either party? Once the other two steps are proven, the final step is to prove the injuries in question were actually caused by the breach of legal duties. For example, say someone sprained their knee a few days before the accident and then tried to pin that sprained knee on what occurred with the defendant. The way to prove this is by keeping detailed records of the injury. Take photos right away, go to the doctor to have official medical documentation, have witnesses, etc. This is the best way to prove how bad the injuries were and that they were definitely caused by the incident. An important factor to point out is that the defendant may be able to prove that they had no idea their actions would or could cause injury. For example, say a random act of nature was involved. If this is the case, then the liability wouldn’t fall on the defendant. 

Damages – What was the injury, or injuries, that were a cause of the accident? Did the vehicle sustain damage, did the pedestrian break their leg, etc. If so, did any of these incur medical charges or repair bills? If awarded, the plaintiff would receive damages for all of this. Often included is also emotional or psychological damages. Of course, damages are commonly in the form of money which goes to cover the expenses involved with the incident. Sometimes, damages can be other things, but it’s not as common as monetary sums.

If you or your loved one need help in proving negligence concerning a personal injury case, don’t hesitate to contact us for a consultation.

Contact Schenk Podolsky Attorneys at Law today, your Arizona Injury Lawyers in Mesa and Phoenix.

We are conveniently located off the U.S. 60 on Baseline Road between Val Vista and Greenfield in The Gateway Executive Suites.

Email Us: [email protected]

Phone: (480) 757-5000

Fax: (480) 471-5181

Hours of Operation

Monday: 8:00 am – 5:00 pm
Tuesday: 8:00 am – 5:00 pm
Wednesday: 8:00 am – 5:00 pm
Thursday: 8:00 am – 5:00 pm
Friday: 8:00 am – 5:00 pm





Please prove you are human by selecting the Car.