If you have lost a loved one in an accident involving a larger commercial truck in Arizona, we are so sorry for your loss. We know that this is an incredibly challenging time for you and your family, and talking to an attorney may be the last thing you want to do. However, getting a skilled truck accident lawyer on your side sooner rather than later is beneficial, particularly when it comes to recovering the compensation you and your family are entitled to. Reach out to a truck crash lawyer in Phoenix if you have any questions. We’re happy to help.
The Other Parties Will Close Ranks Behind Legal Teams
After a fatal trucking accident, you may find that the other parties involved, including the trucking company, the truck driver, and their insurers, quickly close ranks and begin to build their defense. These entities typically have extensive resources at their disposal, including experienced legal teams and insurance adjusters who are trained to minimize liability and protect the company’s interests. It is important to understand that these parties will begin their investigation immediately, sometimes even at the scene of the accident, with the goal of reducing or denying your claim.
Trucking companies and their insurers may attempt to shift blame onto the victim(s) or argue that external factors were responsible for the accident. They may also try to downplay the extent of the damages or offer a quick settlement that is far less than what you and your family deserve.
What Will Insurance Cover After a Fatal Trucking Accident?
After a fatal trucking accident, one of the primary concerns for surviving family members is understanding what compensation is available through insurance. In Arizona, commercial trucking companies are required to carry higher levels of insurance coverage compared to standard passenger vehicles due to the potential severity of accidents involving large trucks.
Insurance coverage in fatal trucking accidents may include the following:
- Liability coverage. This is the primary insurance that covers damages caused by the truck driver’s negligence. It can help cover medical costs your loved one incurred before death, funeral costs, lost income, and other financial losses resulting from the death of your loved one.
- Uninsured/Underinsured motorist coverage. If the trucking company or driver does not have enough insurance to cover the full extent of the damages, your own uninsured/underinsured motorist coverage may provide additional compensation. This type of coverage is particularly important if multiple parties are involved in the accident.
- Cargo and trailer insurance. In some cases, the cargo or trailer being hauled by the truck may have additional insurance coverage that could apply if the cargo contributed to the accident or caused additional harm.
- Wrongful death coverage. Some insurance policies may include specific coverage for wrongful death claims, which can provide compensation for surviving family members.
Can You File a Wrongful Death Claim in Court?
In Arizona, the surviving family members of a person who was killed in a trucking accident may have the right to file a wrongful death claim in court. A wrongful death claim seeks to hold the responsible party or parties accountable for the death of a loved one.
Under Arizona law, the following individuals are eligible to file a wrongful death claim:
- The surviving spouse of the deceased
- The surviving children of the deceased
- The surviving parents or legal guardians of the deceased
- The personal representative of the deceased’s estate on behalf of the surviving family members
A wrongful death claim can potentially seek several types of monetary compensation, including:
- Any medical costs related to the treatment of your loved one before their passing.
- The expenses associated with laying your loved one to rest.
- The loss of the deceased’s income and financial support that they would have provided to the family.
- The emotional impact of losing a loved one, including loss of companionship, guidance, and emotional support.
- Compensation for the mental anguish and suffering experienced by the surviving family members.
Arizona has a statute of limitations for filing wrongful death claims. Generally, you have two years from the date of your loved one’s death to file a claim. Failing to file within this timeframe could result in losing your right to seek compensation. That’s why working with an experienced accident attorney in Phoenix is advised.
Call an Arizona Truck Accident Attorney Today
If you have lost a loved one in a fatal trucking accident in Arizona, the team of Phoenix, Arizona personal injury attorneys at Sargon Law Group is here to help. We understand the pain and devastation that comes with losing a family member, and we are committed to providing compassionate and effective legal representation. Our goal is to hold the responsible parties accountable and secure the compensation you deserve.