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FAQs

What qualifies as a commercial truck in a truck accident lawsuit?

This is a common question a Scottsdale, AZ truck accident hears from injured clients. Since there are different factors in truck accident cases, it is important to be aware of what type of case you actually have. The Federal Motor Carrier Safety Administration (FMSCA) is the federal agency that oversees the trucking industry. According to the agency, if a vehicle meets any of the following criteria, it is deemed a commercial vehicle for interstate commerce:

The greater amount of either the gross vehicle weight rating or the gross combination weight rating is more than 10,000 pounds.
Any size vehicle that is used to transport hazardous materials that are cited in the federal government’s Hazardous Materials Transportation Act.

These include tractor-trailers, semi-tractor-trailers, big rigs, 18-wheelers, tanker trucks, and cement trucks.

What is a wrongful death lawsuit?

As a Scottsdale, AZ wrongful death lawyer can explain, Arizona law allows the victim of a fatal accident’s family to pursue legal action if the death was the result of someone else's negligence or recklessness. These accidents include:

Car accidents
Truck accidents
Medical malpractice
Defective products
Work-related accidents
Premises liability accidents

Some of the damages a family can pursue in their wrongful death action include:

Funeral and burial expenses
Loss of the victim’s income (including future income)
Loss of the victim’s love and guidance
Loss of the victim’s companionship
Emotional anguish

The victim’s family (or a representative of their estate) may also be able to file a survival action to recover the same damages the victim would have been able to recover in a personal injury lawsuit had they survived their injuries.

Who is the liable party in a multi-vehicle car accident?

A Scottsdale, AZ car accident lawyer knows that this can often be a complex question to answer. All drivers owe a duty of care to those they share the road with, but when more than two vehicles are involved in a crash, a car accident lawyer will likely need to conduct a thorough investigation and analysis of the crash to determine the at-fault driver for your injuries. This will also determine which driver’s insurance company your lawyer will file your accident claim with. Filing with the wrong insurance company could result in a significant delay in obtaining the financial compensation you deserve for your losses.

What is birth injury asphyxia?

If your child has suffered birth injury asphyxia, you need a seasoned and knowledgeable Scottsdale, AZ birth injury lawyer aggressively advocating for your family. Birth injury asphyxia is one of the most devastating types of birth injuries infants can suffer. It occurs if there is a deprivation of oxygen to the baby for any extended period of time during the labor or delivery.

This lack of oxygen to the baby’s brain and the damage caused is irreversible and can cause multiple issues with the baby’s neurological abilities. It is also often caused by the negligence of the obstetrician or other medical professionals involved in the labor and birth – failing to properly monitor or respond to any signs the baby is in distress.

What is a settlement in a personal injury claim?

Your Scottsdale, AZ personal injury lawyer will work diligently to get you the financial compensation you deserve for the losses your injuries have caused. This involves coming up with a financial figure for those losses – both economic and non-economic – and presenting that amount (along with evidence that justifies the amount) – to the at-fault party’s insurance company. At this point, the insurance company will accept that figure, or your lawyer and the insurance company will negotiate another amount that both sides agree on.

This is referred to as a settlement and eliminates the legal necessity for the case to elevate to a lawsuit that has to be decided on by a jury. The majority of personal injury cases resolve via settlement.