When it comes to personal injury claims, they all require you to have an experienced attorney who is well familiar with the process and knows the differences from cases involving auto accidents, nursing home abuse or neglect. But what are the main burning questions when it comes to personal injury law?Important questions about personal injury law

Is your personal injury claim valid?

If you want to pursue a successful personal injury claim, you need to be able to prove that your injuries are caused by someone else’s negligence. Extensive medical treatments are usually part of every personal injury case. However, not all personal injury claims have physical injuries. Some have non-physical harms or losses. A good example is if someone attacks your professional reputation or invade your privacy. These can all be good grounds for a personal injury claim.

How soon can you file a lawsuit?

This depends from one state to another. To be more precise, on the states ‘statute of limitations’. This statute basically determines how much time you have to file a personal injury claim. Of course the statute of limitation differs from case to case. Some states have a statute of limitation of 4 years for a personal injury lawsuit, but for medical malpractice this statute is only two years.

The best thing you can do is to pursue the lawsuit as soon as possible after your injury. This is because preservation of evidence is very important in these cases. Furthermore, a standard procedure involved in a personal injury case is investigation done by your personal injury attorney, which can take some time.

What is negligence exactly?

Negligence concerns actions taken in a specific situation by a ‘reasonable person’. For example, you would expect a truck driver (or basically any driver) to obey the traffic rules and to drive at full attention in order to avoid putting themselves and others at risk. In the event that they cause a car accident because they didn’t pay enough attention while driving, they can be liable for the accident.

So basically, someone is negligent if he/she fails to act in a way an ‘ordinary reasonable person would’ in a specific situation. Personal injury cases are generally found on negligence.

Will the person at fault be punished?

Personal injury cases are NOT criminal actions. They are civil actions. Jail terms cannot be sentenced to defendants in personal injury cases. The same goes for criminal fines. This is because there was no real malicious intent that caused the injury. The cause of the injury is negligence.

Nonetheless, in some rare cases, there can be punitive damages. Punitive damages have a goal to punish the defendants that were reckless OR didn’t act in the best interest of the public. The end result of punitive damages is to discourage defendants to behave in such way.

If you think that you have a valid personal injury case, because someone else’s negligence caused you harm, contact us today and let’s review your case together!

In our previous blog posts we’ve summarized that car accident are life-changing events that can occur out of nowhere. Useful tips on settling a car accident claimOne moment driving down the motor way listening to the radio, and in the next your car is totaled, your body is aching with pain and you’re trying to grasp what has happened.

We also talked about what insurance companies usually do, how they want to deny or minimize your claim payment and what reasons (or tricks) they use to deny your claim. Today we will be focusing on the tips on settling a car accident claim.

Contacting the authorities

If you wish to successfully settle your car accident claim, there are several things you need to do immediately after the accident.

First and foremost, you need to contact the authorities and wait until the police arrives at the scene. Once the police arrive, make sure to tell them exactly what happened and seek medical attention if you need to. You might not feel that you need help from a doctor, but that can be a result of the shock your body went through. So make sure that you get examined by the doctor. Once the effects of the shock settle down, you will feel the effects of the accident. This can take a few hours.

Once the doctor establishes that you’re safe and not injured, take photographs of both damaged vehicles and make sure that the license plates are clearly visible. You should also make notes about the other car e.g. the make, model, color and exchange information with the owner of the other vehicle. Taking photos of the scene and location is also a good idea because this will provide useful information on the weather, traffic signs and even skid marks.

Doing this, you’re starting the car accident settlement the right way. Also, you need to keep in mind that you might not be settling the claim directly with the owner of the other vehicle, but rather with his insurance company.

Consult a Personal Injury Lawyer

Not all accidents will lead to a totaled car. Some will just end up with minor property damage, for which you don’t heel to have an attorney. It’s easy to settle this.

But if the accident caused severe damage to your vehicle and caused significant injuries to you, you should really consider getting help from a skilled and experienced personal injury lawyer. It might help your claim.

Experienced personal injury lawyers are well informed about the process to come and can anticipate the strategies that the other side will implement so he/she can be well prepared.

The goal of the insurance company is to protect the bottom line and their self-interest. They do this by offering you very low settlements and they might even try to dispute the entire claim. But having a good personal injury lawyer in these cases can help you a lot because he/she will be negotiating on your behalf.

Recorded statements and documents

It’s not uncommon practice, that insurance company representatives will contact you as soon as they learn about the accident. The representative might sound reasonable, friendly, polite and helpful but keep in mind one thing…they work for the insurance company, not you. The goal is to minimize the value of the claim. And since many car owners aren’t exactly skilled in these matters, the insurance representatives will even try to use some rather questionable methods to get what they need/want.

One of the things they might use are recorded statements. If you get asked to give a statement, politely decline and tell the insurance representative that you will be speaking with an attorney first. This is your right before giving any statements. You might as well use it.

Another thing that insurance companies also do, is send you documents like a medical authorization or similar. The strongly advise that you DO NOT sign any type of authorization that comes from the at-fault driver’s insurance company. Why? Well because then the insurance company can then dig through your medical history looking for a way to prove that some of your previous injuries were the cause of the accident.

So when settling a car accident claim, it’s imperative that you speak to a personal injury lawyer. He will be negotiating with the insurance company, he will release any medical records and advise you on giving statements.

A car accident can change your life in an instant and it can happen without any warning.  As if injuries aren’t enough, but you also might need to navigate the complex and lengthy process of an insurance claim. This can be both stressful and confusing, especially if you know nothing about car insurance claims.

But the question still remains. How do car insurance claims exactly work? Here’s what you need to know about car insurance claims, especially if you were injured in a car accident.

After the car accident that you were involved, you should notify the insurance company right away. In some states you can file the claim with the at-fault driver’s insurance company. And in other states, different rules will apply. For example, did you know that Kansas has a no-fault insurance system? This basically means that if you were in a car accident and you’re not the at-fault driver, you have to file the claim with your own insurance company.

After the accident, in most cases the insurance companies will contact you. Sometimes even while you’re recovering. Once the claim gets filed, the insurance company appoints an adjuster who will evaluate your claim and determine its worth.

You might think that the adjuster is here to work in your favor. Well, he/she isn’t. The adjuster appointed by the insurance company works for the insurance company’s interests. The sole goal of the adjuster is to minimize the amount that the insurance company will pay you for your claim.

Working with the adjuster

It’s often the practice that the insurance adjuster will contact you in order to get more information about the accident. The adjuster might even ask you to give a recorded statement. However, if you haven’t yet spoken to a personal injury lawyer, we strongly recommend that you don’t give a recorded statement to the adjuster or any other representative from the insurance company.

The recorded statement and any other evidence is collected for processing your claim. So when the adjuster asks you to give a statement, just politely decline and let him know that you will be willing to give a statement once you consult your personal injury lawyer. In case you’re still under some stress from the accident or you’re experiencing pain and take medication for it, allow yourself some time to pass before giving a statement. Also, you can rely on your personal injury lawyer to negotiate the process with the insurance provider.

Sometimes, the car accident will only cause property damage and no one will be injured. In cases like that, the insurance claim process is pretty simple. The insurance company will ask you to take your car to the mechanic, who will then assess the damage and provide the estimate to the insurance company. Car accidents that only end in property damage is something that you can handle. So you don’t really need a personal injury lawyer.

Determining who’s at fault

It’s the adjuster’s job to determine who caused the accident and who’s at fault. Sometime, even when the police record clearly state that you’re not at fault, the adjuster will try to dispute it.

Another practice is that insurance companies sometimes want to settle a claim rather quickly. If someone from an insurance company approaches you and makes you an offer, don’t accept it. It’s best to first speak to a personal injury lawyer who can evaluate your claim. Because when insurance companies make you an offer right away, the offer is usually extremely low compared to the realistic value that you should be compensated for (the insurance company is trying to pay out as little as possible).

Once your personal injury lawyer evaluates your claim, you will realize that the offer from before was really low. The lawyer will provide you a range of values and a fair offer from the insurance company should fall within that range.

When you agreed on how much you would request from the insurance, the lawyer will draft a letter, include additional proof and send the new offer to the insurance company. The insurance company can do three things: accept your offer, offer you a lower amount or just deny it.

As you can see, the insurance claim process is not as simple. The entire process can be a complicated maze you need to navigate and that’s why it’s important that you have a good and experienced personal injury lawyer who will support you.

In the past two posts, we have discussed what to do when insurance companies deny your claim and what tips and tricks insurance companies use in order to deny your claim.

This week we will be focusing on the potential reasons WHY insurance companies deny your insurance claim. So let’s get started.

Being in an accident is stressful enough. But learning that the insurance company has denied your insurance claim is very disconcerting.

There are several reasons why they refuse your insurance claim. Some of them can be valid, while others not so much but hey still use them in order to pay you as less as possible. So if you’re dealing with an insurance claim and it gets denied, it’s good do consult with a personal injury lawyer because they know the system and are more aware what tactics insurance providers use in order to either minimize your claim or just deny it.

Cause of the accident

Many insurance companies have denied insurance claims to their policyholders simply because the accident you were in could have been avoided OR because your behavior caused the accident. Furthermore, claims have also been denied if your conduct was in conflict with your insurance policy. This practically renders your policy ineffective. And if the vehicle was operated by someone who is NOT included on the insurance policy or didn’t have a driver license when operating the vehicle…well that’s another potential reasons insurance claims get denied.

These are the most common reasons and mostly logical and valid. But what about if the insurance provider is using not valid reasons and starts acting in bad faith?

Insurance claim denied over previous injuries / surgeries

It’s a common practice that insurance companies ask their prospective policyholders to sign so called ‘medical authorization forms’. The important thing to point out about these forms is that you shouldn’t (under ANY circumstance) sign them until you’ve spoken to a personal injury lawyer. You must ask yourself ‘What’s the big deal about those forms?’. Well, when you sign those forms, you’re basically giving the insurance company permission to dig through your medical history and to look for previous injuries or surgeries.

If by any chance, you had injuries and surgeries for those injuries before, the insurance company could use that as a possible (but not really valid) reason for the accident and thus deny your insurance claim. Another example is that insurance providers may use previous injuries as an argument to diminish your injuries from the accident i.e. to present as less severe than they really are.

Pre-existing conditions

Another reasons why insurance companies require you to sign the medical authorization forms is so that they could see if you have any pre-existing conditions. Let’s say that you have pre-existing back injury and that you suffered new injuries in the accident. Since your back injury is a pre-existing condition, the insurance company can argue that the accident was cause because of your back problems and deny your claim.

Time of accident and time of seeking treatment

When you’re in a car accident it’s important that you seek medical treatment immediately. Waiting to seek treatment, may be another reason why your insurance provider refuses your claim. The lapse of time between the accident and treatment, can give ‘ground’ to the insurance provider to argue that your injuries are actually caused another even, not the accident.

Insurance companies go so far that they even state in their insurance contracts a specific time frame in which you need to seek treatment for your accident-related injuries. Of course, there are cases when it’s good to wait before seeking treatment and you can learn more about that from your personal injury lawyer.

Right after the accident, while on the scene, make sure that you don’t deny any injuries until you have been thoroughly checked out by a medical professional. Denying injuries at the scene of the accident may also be another reason why they deny your claim. So if you get into an accident seek medical evaluation at once.

What do to if your insurance claim is denied?

We must be clear on one thing. Insurance companies make profit from taking higher premiums from their policyholders than what they pay in claims. So their interest in denying insurance claims is quite significant.

In the event that your claim gets denied, you will need help from an experienced personal injury lawyer. Furthermore, policyholders that have a lawyer are taken more seriously.

Injuries Seen After a Car Accident

There are a variety of injuries that can occur after a car accident. These injuries can range from minor injuries, to more severe injuries that require hospital stays, time off work, and more.

Because there are so many factors that come into play when an accident occurs, and such a wide variety of injuries and costs associated, it is in your best interest to get a lawyer who wants to help see that you, or anyone involved on your side, is taken care of adequately.
The following are some of the most recognized injuries that can occur during and after a care accident.

One of the most common car-accident related injuries that people experience afterwards is whiplash. This type of neck injury occurs when the head and neck are jerked forward when a car is suddenly stopped from the impact of a car accident.

The normal symptoms of whiplash may not show up for around 12 hours, to sometimes a few days, after the accident has taken place. The whiplash may heal within the weeks following the accident, on it’s own. Some cases may require further treatment, such as physical therapy, to heal completely and correctly.

Whiplash can cause pain in the neck and back, as well as an overextension to the nerves, muscles and joints.
Some of the typical symptoms of whiplash include headache, pain, blurred vision, ringing in the ears, trouble sleeping, and dizziness.

Concussion

Another type of injury that is seen a lot in car accidents is a concussion, which is a type of injury that occurs from suffering a blow to the head. Think, when the impact of your vehicle during the accident is so forceful, that it causes your brain to ram against the inner part of your skull. During a car accident, victims often suffer a concussion when the blow forces their brain to slam against the inside of their skull.

There are several symptoms that can be signs of a concussion, both physical and mental. Some of these include; mood swings severe headaches, sensitivity to light and sound, trouble with eating or sleeping, and disorientation.
It is important to seek medical attention after an accident, as soon as possible, because some signs of a concussion may be misread as something else, and vice versa.

Soft Tissue Damage

Torn muscles, bruising, strains, and sprains all fit under the category of soft tissue damage. These, while seeming minor, may not cause any further or worse symptoms for up to a week after the accident has occurred.

Some of the things you may notice with these injuries include sharp pains, swelling or inflammation, stiffness in or at the area, and noticeable color changes.

Back Injuries

In accidents that are rear-ended or side-impact situations, back injuries are a common injury. Adrenaline can hide the symptoms of a more serious injury that has occurred due to the accident, namely when it comes to back injuries.
There are a few symptoms that you should be on the lookout for pertaining to back injuries:

  • Noticeable pain in the neck, back, or shoulder area
  • A limited range of motion in any of these areas
  • Unusual or extensive bruising
  • Weakness in the affected area
  • Difficulty breathing or balancing, or pain with these motions

Emotional Distress

Car accidents are many times traumatic and violent, because they happen so quickly and can be devastating. Due to this, many of the people in them suffer from things like post-traumatic stress disorder (PTSD), and other types of emotional distress.

This type of injury, while not necessarily physical, can have many negative impacts on the victims life.
It may manifest in many different ways. Some of the more common ones include anxiety, panic attacks, and depression. Others may have flashbacks of when the accident happened, or nightmares of the event. All of these can spiral into mood swings, hopelessness, and potentially a cycle of reckless behavior due to that.

Many of those who suffer from this type of injury may not realize or want to accept that that is this case. This may cause their symptoms to get worse, as they do not want to get help. If you or someone you know suffers from any type of emotional distress such as PTSD, please do not be afraid to ask for help and to seek treatment.

Contact an Attorney for Help

If you believe you have been injured in a car accident that was not your fault, do not hesitate to consult with our office and speak with an experienced attorney as soon as possible, so that we can discuss your claim.

Contact us to schedule a free, no obligation consultation with one of our skilled attorneys to find out if you have a case against the at-fault party. We work on a contingency fee basis and will only charge you if we recover compensation for your claim.

 

Delayed pain from injury in a car crash

Just like everything else, car accidents in the East Valley come in all different shapes and sizes, from larger multiple car pileups in on the US 60 to small rear-end crashes on Baseline and Higley. It’s not uncommon to see a couple per day just on your regular route to work and home. It’s important to note that regardless of the size of the crash or severity of the car accident that you’ve seen or have been in, that they are all serious!

Just about any car accident can be considered a traumatic event. Catastrophic collision or fender-bender, there is a lot of force involved when a vehicle hits or is hit by another car or truck. Many times, when people are in a car accident that may seem minor, they won’t notice any injury symptoms right away. There are a lot of reasons for this, and we hope that this article will bring you some insights to be aware of in case you’re ever injured or involved in an accident. Again, all accidents are serious, and it’s important for many reasons to understand how to monitor your injuries following a car accident – both for your physical health and well-being and to protect your legal rights. 

Injuries Sustained From A Car Accident Are not Always Obvious.

Major injuries like broken bones, lacerations and bruising are typically pretty easy to notice immediately after an accident, that is, if you’re not unconscious. . .

However, there are multiple other injuries such as whiplash, pulled or torn muscles that are not always immediately apparent following a car accident. 

The chaos and adrenaline that comes with an accident of any size can often times, be hindrance in noticing these injuries. It can take hours or even a few days to begin feeling the symptoms of whiplash. Dizziness, headaches, soreness, and or pain in the upper back and neck can sneak up on you. This is one of the reasons why it’s so important to take your time in handling your car accident claim. See a doctor, relax and rest and visit with a local attorney in Mesa (like us). Give it some time and make sure you understand what’s happening in your body and what’s happening with your medical bills and insurance coverage. 

Ignoring an injury, even minor injuries can lead to long-term pain. We always recommend that you see a doctor immediately following an accident. Just get a check-up, so that they can properly diagnose your injuries. 

When filing a personal injury claim after a car accident, delayed symptoms can make it difficult to prove that the pain or injuries have stemmed from the accident, making it challenging for a lot of people to recover the compensation that you need and deserve for treatment. For this reason, we said earlier, take your time, visit a doctor, and meet with your attorney. We offer all of our potential clients who contact our Law office in Mesa, AZ, a free, no-obligation consultation. Biased maybe, but it is 100% in your best interest to speak with a lawyer about your accident, coverage, injuries, and how to properly file your claim. 

Our law firm will fight for you, to recover the maximum compensation you deserve for medical bills, lost wages, pain and suffering. The compensation needs to include all of this, along with suffering for potential delayed injuries. 

 

 

car accident civil criminalHow Much Do Arizona Car Accident Lawyers Charge (Updated For 2020)

If you’ve recently been involved in a car accident whether in Phoenix or Mesa, you know how scary it can be. The noise, that feeling of being out of control, the confusion–all of these things stay with you for days and weeks after the collision. You may also have been hurt in the accident and have to deal with pain and doctors and tests. You may think that hiring a lawyer is one expense and hassle you can do without. Nothing could be further from the truth.

There are a variety of factors that come into play when figuring out how much your personal injury attorney may charge for your case. If you have other questions, feel free to contact our office and our team will help set up a meeting to go over your case in more detail.

Why a car accident lawyer is important

A good lawyer knows who to talk to and how to make things happen in the local courthouse and can often get you a settlement without your having to face a jury. He or she can also negotiate for a settlement that will be adequate to cover all of the past, current and future expenses relating to the accident. For example, it’s not fair for the person who caused the accident to simply pay for your medical bills if the accident caused you to be off work and suffer lost wages, you also deserve money to help you pay your mortgage, put food on the table for your family and make your car payment. No one wants to profit from being in a car accident, but neither should you have to face a financial hardship for something that wasn’t your fault. What you can expect to pay for a good car accident attorney it’s difficult to generalize about lawyers’ fees and charges. After all, every situation and every accident is different.

However, there are a few things you should consider when deciding whether to work with a car accident law firm.

1. Many lawyers work on a contingency basis. If you have been injured in a car accident, many lawyers will help you get the money you deserve for medical payments and emotional trauma without charging an upfront fee. You pay the lawyer’s fee out of the money you receive from your court settlement. When working on a basis, payment for the lawyer occurs when the client receives a settlement from the accident (for instance, from the at-fault driver’s insurance company) or a court judgment in his or her favor. So, the attorney’s fee is “contingent” upon a successful outcome to the case.

2. Court costs and expenses are usually additional. A typical contingency fee is around 33% of the case in most personal liability cases. Court costs, which are accessed at the conclusion of a case and expenses, which may be necessary to pursue your case, are generally charged in additional to the set percentage. These are generally billed as they happen.

3. Most car accident lawyers will evaluate your case during a free 15-30 minutes session where they will hear the details of the accident and decide if they want to handle the case.

4. Unlike most criminal cases, no retainer is required in most car accident cases. The fees are then put into place based on if a lawsuit needs to be filed, if the case settles before the trial, or if the case does end up needing to go to trial. If you have been in a serious car accident, the potential consequences of the accident are too great for you and your family to leave to the mercy of the court. Visit myarizonainjurylawyers.com or call us at (480) 757-5000 today to schedule a free case evaluation.

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.

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
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A complete and thorough investigation should be conducted shortly after an accident to determine the cause of the accident. Negligence or a defective product may have been the proximate cause of the collision. In any event, you are entitled to seek the truth and have your case heard by a jury or judge. In Arizona, the parties can agree to have the matter heard by a judge in a more expeditious and inexpensive manner.

 Truck Accident Statistics

 In 2005, the Federal Motor Carrier Safety Administration (FMCSA) disclosed that there were over 5,000 fatalities involving the use of commercial trucks. You should be ready to file a claim after a trucking accident, given the great number of accidents caused by trucks and the severe injuries that are commonly suffered after one of these accidents.

 If you have been injured after one of these victims, you deserve to have your rights protected.

 Truck Inspections and Highway Safety

 Trucks must be inspected regularly and must adhere to the FMCSA standards. The drivers must also be regularly supervised and certified so that safe road can be assured for the general public.

 Truck Insurance

 Unlike passenger vehicles in Arizona, that require minimum insurance coverage of $15,000 to $30,000 for any bodily injury, commercial trucks must carry at least a minimum of $750,000 in insurance for any bodily injury that may occur on the road. It is essential to verify insurance coverage in these trucks after an accident because sometimes the owner may lease the truck, and the lessor may not carry the insurance mandated by the law.

 Trucking Company and Truck Driver Regulations

 Regulations set forth by the Federal Motor Carrier Safety Administration standardize the use and maintenance of commercial trucks. These truck regulations include the use of controls and displays, starter interlocks, windshield defrosting and defogging systems, hydraulic and electric brake systems, and trailer load-carrying capacity.

 Further, truck drivers must comply with rules regarding receipts and bills, the transportation of household goods in interstate commerce, controlled substances and alcohol use and testing, commercial driver’s license standards, and other employee safety and health standards.

 The regulations are extensive, and the breach of any of these rules may cause an accident and severe injuries or loss of life.

 Seriously Injured in a Truck Accident?

 You need to pursue legal action within the statute of limitations and gather all the necessary information quickly before you lose valuable evidence in your case. The preservation of evidence is needed so that you are able to present all the correct and relevant information at court. The attorneys at Schenk Podolsky are highly qualified to handle trucking accident claims and lawsuits—contact us today to pursue your legal claim.

 If you have suffered a severe injury, or if a loved one has lost his or her life, as a result of a trucking accident, please contact our law firm. We can understand the scale of these cases, and we know how to properly conduct truck accident investigations through experts to prosecute your claim.

 We have a commitment to excellent personal service and to helping victims of truck accidents involving serious injury, or wrongful death, and will diligently pursue your claim.