How Does Arizona Being an “At-Fault” State Affect My Truck Accident Claim?
Arizona is an at-fault, or tort, state. Being an at-fault state refers to how auto insurance claims and liability are handled after an auto accident. The driver who caused the crash is legally responsible for any resulting damages.
However, you need to prove negligence by the at-fault party to recover damages. Multiple parties could be responsible, especially in a truck accident case. This entire process often involves insurance claims, investigations, and, if necessary, lawsuits to determine fault and resolve damages.
How Is My Claim Affected by Arizona Following Pure Comparative Negligence?
Under pure comparative negligence, each party is assigned a percentage of fault, and damages are awarded based on that percentage, even if the injured party is primarily at fault. This means you can recover damages even if you’re 99 percent at fault. However, your percentage of fault reduces your compensation.
For example, in Arizona, if you’re involved in a truck accident and found to be 20 percent at fault, your damages would be reduced by that percentage. So, if your total damages were $10,000, you could only recover 80 percent of that, or $8,000. The driver who is 40 percent at fault and the third party, also 40 percent at fault, would each be responsible for their respective share of the damages.
What Is the Statute of Limitations on Truck Accidents in Arizona?
The statute of limitations for truck collision claims in Arizona is two years from the date of injury. This is a strict deadline, and failing to file on time could result in being barred from compensation. There are exceptions to this rule to be aware of. For instance, claims involving government entities only provide 180 days to file. However, wrongful death cases are subject to the original two-year timeline.
Does Arizona Have State Insurance Requirements for Commercial Vehicles?
All commercial trucks must meet FMCSA minimum insurance requirements: $750,000 Commercial Single Limit (CSL) for general freight over 10,000 lbs GVW, and $1 to $5 million CSL for trucks carrying hazardous or highly hazardous materials. These high limits often involve significant corporate policies and dedicated legal defense teams in claims. That’s why having an experienced truck accident lawyer is ideal.
Does the Hands-Free Law Cover Commercial Drivers?
Yes, Arizona’s Hands-Free Law covers all drivers, including commercial truck drivers. This prohibits writing, sending, or reading any text-based communication while behind the wheel. If a truck driver violated this law in any way, it can be used as powerful evidence of negligence in your claim.
What Does Arizona Say About a Truck Driver Leaving the Scene of an Accident?
In the event of an Arizona auto accident, it’s the legal duty of all drivers to stop, render aid, and exchange information per A.R.S. § 28-661 and 28-663. Leaving the scene and committing a hit and run can result in serious repercussions ranging from a misdemeanor (property damage only) to a felony (injury or death). Additionally, if a truck driver receives a hit-and-run conviction, their CDL will be revoked.
What if I Suspect That Alcohol or Drug Use Is in My Truck Accident?
If you believe your truck accident involved intoxication, it’s vital to share this information with your attorney. Arizona’s legal alcohol limit for a driver operating a commercial vehicle is 0.04 percent BAC, which is half the standard limit.
The state also considers ‘impaired to the slightest degree’ as grounds for arrest, even if blood alcohol content is below .08 percent. It’s important to note that drug use could be involved in this scenario. For a claim, a DUI involving alcohol or drugs can constitute extreme negligence, providing grounds for seeking punitive damages in addition to other compensation.
Do Commercial Trucks Need To Follow Arizona’s Right-Of-Way Laws?
Yes, all traffic laws in Arizona, including RoW, apply to trucks. However, the law does allow a turning exception, permitting long commercial vehicles to deviate from their lane for wide turns.
In Arizona, How Many Hours Are Truck Drivers Allowed To Work?
Truck drivers must follow strict Hours of Service regulations set by the Federal Motor Carrier Safety Administration (FMCSA). These rules limit driving time to a maximum of 11 hours after 10 consecutive hours off-duty, within a 14-hour on-duty window during which driving is not permitted once the window ends.
Additionally, drivers are required to take a 30-minute rest break after eight cumulative hours of driving. Compliance with these regulations is monitored through Electronic Logging Devices (ELDs) and any violations can serve as key evidence of negligence in the event of an accident.
Does Arizona Have Any Trucking Weight Limits?
In Arizona, the standard maximum gross weight limit is 80,000 pounds for vehicles with five or more axles. However, there are specific limits for a single axle (20,000 lbs) and tandem axles (34,000 lbs). These laws are put in place for safety purposes. Overweight trucks can be dangerous, increasing the risk of tire blowouts, shifting oversized loads, and tipping.
