Commercial truck crashes produce injuries in a different category from ordinary car accidents — because an 80,000-pound semi has 20 times the mass of a passenger car. The legal landscape is similarly more complex, with multiple potentially liable parties and federal regulatory layers that don't exist in a standard two-car case.
Who can be held liable
The truck driver is the starting point, but rarely the only defendant. Under respondeat superior, the trucking company is vicariously liable for a driver's negligence committed in the course of employment — and even when drivers are classified as independent contractors, the carrier may still be liable depending on the level of control exercised. The company that loaded the cargo can be liable if improperly secured freight caused the crash. The entity responsible for truck maintenance is liable if a mechanical failure — brake failure, blowout, defective steering — caused the collision. The truck or component manufacturer may be liable in product liability if a defect contributed.
Federal motor carrier regulations (FMCSA rules) impose duties on both drivers and carriers around hours of service, driver qualification, inspection requirements, and cargo securement. Violations of those regulations are evidence of negligence.
Evidence that must be preserved immediately
Trucking companies have an obligation to preserve logs, GPS data, and electronic records — but that obligation is only triggered when they receive notice of a potential claim. Black box data recording speed, brake application, and driver inputs at the time of impact, hours-of-service logs, the driver's qualification file, inspection and maintenance records, and cargo loading documents are all potentially critical. Preservation letters to the trucking company should go out immediately. Some evidence gets overwritten within days.
Comparative fault
Arizona's pure comparative fault rule (A.R.S. § 12-2505) applies here as in any crash — your recovery is reduced by your percentage of fault. Trucking company insurers will attempt to shift blame onto the passenger vehicle driver. See our post on Arizona comparative negligence law.
What a truck accident claim can recover
Medical expenses past and future, lost wages and reduced earning capacity, property damage, pain and suffering, emotional distress, and loss of enjoyment of life are all recoverable. Because truck accident injuries are frequently catastrophic — spinal cord damage, traumatic brain injury, multiple fractures — future medical costs are often the dominant component of the claim.
The filing deadline
Arizona gives most personal injury victims two years from the accident date (A.R.S. § 12-542). Cases involving government-owned vehicles require a Notice of Claim within 180 days. See our post on the Arizona personal injury statute of limitations for exceptions.
Our car accident attorneys handle truck crash claims throughout Phoenix and Scottsdale on a contingency fee basis. No fee unless we win. Call (480) 418-SHER (7437) or reach out online.