[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.phoenixlawteam.com\/blog\/fault-determined-truck-accident\/#BlogPosting","mainEntityOfPage":"https:\/\/www.phoenixlawteam.com\/blog\/fault-determined-truck-accident\/","headline":"How Is Fault Determined in a Truck Accident in AZ?","name":"How Is Fault Determined in a Truck Accident in AZ?","description":"To obtain a financial recovery for injuries from a truck accident in Arizona, you will need to show that someone else was at fault for the crash. When you have a potential truck accident claim, it\u2019s crucial to understand how the legal system determines fault. If you have suffered severe...","datePublished":"2021-12-20","dateModified":"2025-03-31","author":{"@type":"Person","@id":"https:\/\/www.phoenixlawteam.com\/blog\/author\/phoenixlawteam-zach\/#Person","name":"Zachary Mushkatel","url":"https:\/\/www.phoenixlawteam.com\/blog\/author\/phoenixlawteam-zach\/","identifier":24,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/fd982df245bac5ca956f9a35879e7f3b6827ba255c2fba7b3af833bca79ccc76?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/fd982df245bac5ca956f9a35879e7f3b6827ba255c2fba7b3af833bca79ccc76?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Mushkatel, Gobbato, & Kile","logo":{"@type":"ImageObject","@id":"https:\/\/www.phoenixlawteam.com\/wp-content\/uploads\/2021\/02\/Mushkatel-robbins-becker-pllc-logo.png","url":"https:\/\/www.phoenixlawteam.com\/wp-content\/uploads\/2021\/02\/Mushkatel-robbins-becker-pllc-logo.png","width":459,"height":157}},"image":{"@type":"ImageObject","@id":"https:\/\/www.phoenixlawteam.com\/wp-content\/uploads\/2021\/12\/truck-collision.jpg","url":"https:\/\/www.phoenixlawteam.com\/wp-content\/uploads\/2021\/12\/truck-collision.jpg","height":661,"width":1000},"url":"https:\/\/www.phoenixlawteam.com\/blog\/fault-determined-truck-accident\/","about":["Truck Accidents"],"wordCount":1144,"articleBody":"To obtain a financial recovery for injuries from a truck accident in Arizona, you will need to show that someone else was at fault for the crash. When you have a potential truck accident claim, it\u2019s crucial to understand how the legal system determines fault.If you have suffered severe injuries in an Arizona truck accident, reach out to Mushkatel, Gobbato, & Kile, P.L.L.C., to discuss the accident with an experienced Arizona truck accident lawyer. We\u2019re ready to discuss how we can investigate the collision and gather the evidence needed to prove liability in your case. We offer consultations so you can learn about your options for seeking fair compensation for the injuries and losses you suffered due to the crash.Don\u2019t hesitate to contact us. We\u2019re available to listen to your story and analyze how to build the strongest case possible.Table of ContentsFactors in Determining Fault for an Arizona Truck CrashTypes of Evidence in Arizona Truck Accident CasesDoes the Insurance Company Have the Final Say on Fault?Do I Bring a Suit Against the Driver or the Trucking Company?What Is the Statute of Limitations for Truck Accident Claims in Arizona?Get Legal Help Proving Fault for an Arizona Truck CrashFactors in Determining Fault for an Arizona Truck CrashSome of the factors that could affect fault for a truck accident in Arizona include:The cause of the accident, such as whether the accident was due to a driver\u2019s negligence or factors other than the driver\u2019s error, such as defective truck design, poor vehicle maintenance, or dangerous road design.Whether multiple parties were at fault for the accident, such as multiple drivers playing a role in causing the crash, a trucking company having responsibility due to its negligent actions, or cargo loaders failing to secure a load properly.Whether the victim has any share of fault for causing the accident. In Arizona, you can still pursue compensation if you bear some of the responsibility for the crash, but your compensation would be reduced by your percentage of fault.Types of Evidence in Arizona Truck Accident CasesExamples of evidence that a claimant could use to establish fault for a truck accident include:Truck driver logs, which show how long a driver had spent on duty before the accidentLogs from the truck\u2019s electronic data recorder, a type of \u201cblack box\u201d device that records information about the truck, such as GPS position, speed, engine operation, driver inputs, and in-cab camera footageResults from any alcohol or drug screens performed on the truck driver following the accidentSurveillance or traffic camera videosDashcam videosThe load manifest, which shows what cargo the truck carried and how the cargo was loaded onto the truckTruck inspection and maintenance recordsPost-accident vehicle inspection reportsPolice officer accident reportsTrucking company internal investigation reportsEyewitness statementsOur firm often works with accident reconstruction experts who can use all this evidence to prepare a written report or visual depiction of the crash to identify the causes of the accident and the responsible parties.Does the Insurance Company Have the Final Say on Fault?After a truck accident, you will likely begin the process of pursuing financial recovery for your injuries and losses by filing a claim with the insurance companies for the drivers involved. Whether the insurers offer compensation for your truck accident claim will depend on their determining fault for the accident. If the insurance providers conclude that the parties they insure did not cause the accident, the insurer will deny your claim.However, insurance companies do not have the final say on fault. If the insurance company denies your truck accident claim, you have the option of filing a lawsuit to continue pursuing your case. In a lawsuit, the courts will determine fault for the accident.Do I Bring a Suit Against the Driver or the Trucking Company?While victims of other kinds of motor vehicle accidents, such as car accidents, typically file their claims against the drivers involved in the crash, a truck accident victim could bring a claim against the truck driver and other parties who may have liability for the accident.Examples of parties that could bear liability for a truck crash:The truck driverThe trucking companyThe truck\u2019s owner, if not the driver or trucking companyThe freight company responsible for loading the cargoThird-party repair shops that perform maintenance on the truckThe truck\u2019s manufacturer or manufacturers of parts used on the truckA truck driver could be liable for a truck accident entirely or in part due to the driver\u2019s negligence or recklessness. That may include unsafe or negligent driving behaviors like speeding (exceeding the speed limit), texting while driving, or driving under the influence. It could also involve violations of state and federal trucking regulations, such as continuing to drive beyond hours-of-service limits or failing to inspect the truck or cargo before setting off.A trucking company can be held liable for a truck driver\u2019s negligence or recklessness if the company has an employer-employee relationship with the driver. A trucking company that employs a driver who causes an accident may be subject to vicarious liability for the driver\u2019s behavior. The law may consider a truck driver an employee even if the trucking company uses an \u201cindependent contractor\u201d label.A trucking company can also be held liable for its own negligence that caused the truck accident, even if the driver was actually an independent contractor and not an employee. Examples of trucking company negligence include knowingly or negligently hiring a truck driver who posed a serious risk of causing a crash, failing to train or supervise drivers adequately, or ordering or encouraging drivers to engage in behaviors that violate traffic laws or trucking regulations.What Is the Statute of Limitations for Truck Accident Claims in Arizona?In Arizona, the Statute of Limitations typically gives victims only two years from the date of a truck accident to file a lawsuit for injuries and losses. If you file suit after the statute of limitations expires on your truck accident claim, the court will most likely permanently dismiss your claim, and you will lose the right to recover compensation from the parties at fault for the harm and losses you endured.Get Legal Help Proving Fault for an Arizona Truck CrashIf you have been injured in a truck crash in Arizona, contact a personal injury attorney at the law firm of Mushkatel, Gobbato, & Kile, P.L.L.C., today for a confidential consultation with a compassionate lawyer. We\u2019ll review the facts of your case and discuss steps our firm can take to help you prove fault and pursue the best possible outcome in your case.Visit Our Arizona Truck Accident Law Offices {\"@context\":\"https:\/\/schema.org\",\"@type\":\"FAQPage\",\"mainEntity\":[{\"@type\":\"Question\",\"name\":\"Factors in Determining Fault for an Arizona Truck Crash\",\"acceptedAnswer\":{\"@type\":\"Answer\",\"text\":\"Some of the factors that could affect fault for a truck accident in Arizona include:\\n\\n* The cause of the accident, such as whether the accident was due to a driver\u2019s negligence or factors other than the driver\u2019s error, such as defective truck design, poor vehicle maintenance, or dangerous road design.\\n* Whether multiple parties were at fault for the accident, such as multiple drivers playing a role in causing the crash, a trucking company having responsibility due to its negligent actions, or cargo loaders failing to secure a load properly.\\n* Whether the victim has any share of fault for causing the accident. In Arizona, you can still pursue compensation if you bear some of the responsibility for the crash, but your compensation would be reduced by your percentage of fault.\"}},{\"@type\":\"Question\",\"name\":\"Types of Evidence in Arizona Truck Accident Cases\",\"acceptedAnswer\":{\"@type\":\"Answer\",\"text\":\"Examples of evidence that a claimant could use to establish fault for a truck accident include:\\n\\n* Truck driver logs, which show how long a driver had spent on duty before the accident\\n* Logs from the truck\u2019s electronic data recorder, a type of \u201cblack box\u201d device that records information about the truck, such as GPS position, speed, engine operation, driver inputs, and in-cab camera footage\\n* Results from any alcohol or drug screens performed on the truck driver following the accident\\n* Surveillance or traffic camera videos\\n* Dashcam videos\\n* The load manifest, which shows what cargo the truck carried and how the cargo was loaded onto the truck\\n* Truck inspection and maintenance records\\n* Post-accident vehicle inspection reports\\n* Police accident reports\\n* Trucking company internal investigation reports\\n* Eyewitness statements\\n\\nOur firm often works with accident reconstruction experts who can use all this evidence to prepare a written report or visual depiction of the crash to identify the causes of the accident and the responsible parties.\"}},{\"@type\":\"Question\",\"name\":\"Do I Bring a Suit Against the Driver or the Trucking Company?\",\"acceptedAnswer\":{\"@type\":\"Answer\",\"text\":\"While victims of other kinds of motor vehicle accidents typically file their claims against the drivers involved in the crash, a truck accident victim could bring a claim against the truck driver and other parties who may have liability for the accident.\\n\\nExamples of parties that could bear liability for a truck crash:\\n\\n* The truck driver\\n* The trucking company\\n* The truck\u2019s owner, if not the driver or trucking company\\n* The freight company responsible for loading the cargo\\n* Third-party repair shops that perform maintenance on the truck\\n* The truck\u2019s manufacturer or manufacturers of parts used on the truck\\n\\nA truck driver could be liable for a truck accident entirely or in part due to the driver\u2019s negligence or recklessness. That may include unsafe or negligent driving behaviors like speeding, texting while driving, or driving under the influence. It could also involve violations of state and federal trucking regulations, such as continuing to drive beyond hours-of-service limits or failing to inspect the truck or cargo before setting off.\\n\\nA trucking company can be held liable for a truck driver\u2019s negligence or recklessness if the company has an employer-employee relationship with the driver. A trucking company that employs a driver who causes an accident may be subject to vicarious liability for the driver\u2019s behavior. The law may consider a truck driver an employee even if the trucking company uses an \u201cindependent contractor\u201d label.\\n\\nA trucking company can also be held liable for its own negligence that caused the truck accident, even if the driver was actually an independent contractor and not an employee. Examples of trucking company negligence include knowingly or negligently hiring a truck driver who posed a serious risk of causing a crash, failing to train or supervise drivers adequately, or ordering or encouraging drivers to engage in behaviors that violate traffic laws or trucking regulations.\"}}]}"},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.phoenixlawteam.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"How Is Fault Determined in a Truck Accident in AZ?","item":"https:\/\/www.phoenixlawteam.com\/blog\/fault-determined-truck-accident\/#breadcrumbitem"}]}]