Are There Caps on Truck Accident Damages in Arizona?

Truck accident compensation in Arizona typically includes both economic and non-economic losses. Known collectively as “compensatory damages,” these are intended to compensate people who suffer serious injury due to someone else’s negligence. Some states cap, or limit, how much a victim can receive in damages. There is, however, no cap on truck accident damages in Arizona. The Arizona constitution explicitly forbids any law that limits the amount of compensatory damages recoverable for injury or death in personal injury claims.

Insurance companies, knowing that legal action can result in higher payouts, are often quick to offer victims of truck crash injuries a settlement. Accepting one of these offers will bar you from seeking more substantial compensation through a truck accident lawsuit.

Before you discuss truck accident compensation in Arizona with an insurance adjuster, talk to one of the lawyers at Burg Simpson. We can review your rights and options, and help you determine how best to move forward with your claim.

Discuss Your Right to Seek Truck Accident Compensation in Arizona for FREE

To schedule a FREE case review with one of the truck accident attorneys at our Phoenix office, call Burg Simpson at 602-777-7000 today. We serve individuals and families dealing with the consequences of serious injury throughout Arizona.

A Closer Look at Truck Accident Compensation in Arizona

In Arizona, truck accident compensation may include:

Economic Damages

• Medical expenses such as ER care, hospitalization, surgery, rehabilitation, medications, assistive devices, and anticipated future medical needs.
• Lost income and diminished earning capacity, including missed paychecks, reduced hours, loss of benefits, and the long-term impact on what you can earn in your career.
• Property damage, including the repair or replacement of your vehicle and any personal property damaged in the crash.

Non-Economic Damages

• Physical pain
• Mental anguish
• Loss of enjoyment in life
• Disfigurement
• Loss of companionship and support

Wrongful Death Damages

When a trucking collision is fatal, certain family members may be entitled to file a wrongful death claim. Damages in these claims can include:

• Funeral and burial costs
• Lost financial support
• Loss of love, companionship, and guidance

Punitive Damages

Available only in rare cases, punitive damages are intended to punish parties who cause intentional harm or otherwise behave in a grossly negligent or reckless manner. As with all truck accident compensation in Arizona, punitive damages are not capped. However, they are not available in cases against public entities or their employees working within the scope of their duties.

How Is Truck Accident Compensation in Arizona Calculated?

There are a number of methods that might be used to calculate damages in an Arizona truck crash claim. In some cases, economic experts, medical specialists, and other professionals are brought in to assist in calculations. This helps to ensure that the damages you seek are consistent with the way your injury has and might continue to impact your life.

Generally speaking, economic losses are calculated from medical bills, wage records, vocational assessments, and expert projections of future care and earnings. Non-economic losses are based on medical evidence, testimony, and day-in-the-life proof, such as photographs, journals, and witness accounts.

The value of a claim is dependent on what can be proven, how fault is allocated, and whether you are up against a private company or a protected public entity. It can also be impacted by comparative negligence.

In Arizona, if you are partly responsible for an accident, your award is reduced by your percentage of fault. For example, a $500,000 verdict will become $350,000 if you are found to be 30% liable for the crash. However, it is very important to remember that liability is not always straightforward.

You should never accept blame for an accident or suggest you might share responsibility when talking to others involved, emergency personnel, the police, or an insurance adjuster. It may be impossible to know the cause of your crash until after an investigation has been conducted.

Much like when calculating truck accident compensation in Arizona, your attorney may work with outside experts, such as accident reconstruction specialists, to determine exactly how the collision occurred. Understanding the root causes of your accident is an essential part of calculating damages, particularly when multiple parties might share responsibility. During your FREE consultation, we can discuss how both liability and truck accident compensation are determined to help you understand what your case may entail.

Do I Need an Attorney to Pursue Truck Accident Compensation in Arizona?

You are never required to have a lawyer after a truck crash. It is, however, a very good idea to consult with one before you accept any offers from insurance. Bringing in counsel early helps to protect your interests and guard against accepting less in compensation than your case is worth.

A truck accident lawyer can help with:

• Evidence Preservation. Carriers legally cycle driver logs, ELD data, dash-cam footage, Qualcomm messages, and maintenance records. Acting fast helps ensure your lawyer can access information that may be essential to valuing your truck accident compensation.
• Understanding Regulations. The trucking industry is regulated by both state and federal laws. Understanding how these laws factor into evaluating liability can help to strengthen your claim for compensation.
• Insurance Complications. Beyond the driver and motor carrier, viable claims may involve the tractor-trailer owner, maintenance vendor, freight broker, or shipper. Each of these parties will have separate insurance policies, all of which will try to reduce their share of blame. Several-only liability makes correct fault allocation a key part of establishing who will pay truck accident compensation in Arizona.

Why Choose a Lawyer from Burg Simpson for Your Truck Crash Claim?

At Burg Simpson, our lawyers move quickly to secure evidence and conduct thorough investigations to establish liability. We have decades of experience handling truck accident cases throughout Arizona. We know the interstates and highways, the metro and rural areas, and the realities of hauling freight in our state’s deserts, mountains, and varied climates. Backed by the strength of a national and award-winning law firm, we combine local knowledge with the comprehensive resources needed to help victims of serious injury get fair and full compensation.

From accident reconstructionists and vocational economists to life-care planners and other experts, we have access to the professionals needed to accurately calculate damages, building solid cases that we are fully prepared to take to trial. Our proven history of results, including for truck accident compensation in Arizona, is a testament to our refusal to back down. We are here to stand by your side and fight for what is fair, so you can focus your energies on the more pressing task of recovery.

Talk to a Truck Accident Lawyer from Our Phoenix Office for Free

When it comes to seeking truck accident compensation in Arizona, going it alone can be an overwhelming task. Use our online contact form or call our Phoenix office today to schedule a FREE and confidential consultation and learn how we can help. We serve clients across Arizona, including Tucson, Flagstaff, Yuma, Mesa, and Prescott.