I have sustained extensive medical injuries from my involvement in multi-vehicle accident where semi-truck driver was distracted; the semi caused an immediate 3 car collision and then my vehicle was rear-ended moments later. Is the semi-truck driver at fault since his distraction was the initiating factor? My medical bills continue to accumulate since the accident which was 2 months ago.
Very likely the semi truck driver is at fault. As others have mentioned in Arizona we have pure comparative fault so the fault for any accident can be apportioned to whoever caused the accident in whatever percentage. For example it may be that the semi driver is 80% at fault and that the driver that hit you was 20% at fault. These situations can be tricky and you would be wise to get an experienced attorney.
Fault can bestowed among many vehicles. Because Arizona follows the comparative negligence rule, a jury might apportion the fault among the vehicles involved in the accident, including the semi-truck. It seems more likely, however, that the vehicle that rear-ended you will still be solely at fault. That vehicle has the duty to be traveling at a safe speed and be able to slow down before read-ending you. They did not, and despite what happened in from of you with the semi, it's the vehicle behind you that's most likely solely to blame.
Insurance companies work relentlessly to low-ball accident victims. It's how they keep their profit margins high. Speaking to a skilled physical injury attorney is a smart way to protect your rights.
Kyle J. Shelton is licensed to practice law in both Arizona and California. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. You are encouraged to contact an attorney in your state to ensure that you receive the proper guidance/advice in your situation.
Yes, the semi-truck driver would be at fault according to the facts that you have given. You should consult with an attorney such as myself that has litigate cases involving semi-trucks to make sure you get fairly compensated for your injuries.
First off, I am sorry this has happened to you. Being injured in a car accident is always a frustrating experience. From what you have described, you may have a claim against one or more of the cars involved in the accident. I tell all my clients that in the beginning, there are more questions than answers though, and I need to investigate all the facts to give solid advice. The best thing to do is talk with an experienced attorney who regularly handles car accidents. Most will have a free consultation and then work on a contingency fee, meaning the attorney does not send you a bill and only gets paid at the end of the case with a successful outcome for you. If you have not hired an attorney yet, I suggest speaking with one immediately, as the insurance company already has a two month head start on building their case against you. You need to start building your case against them, and with the help of a professional.
This answer does not establish an attorney-client relationship. All states are different and all cases have unique facts. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I suggest contacting an attorney licensed to practice law in your state.
It sounds to me like the semi-truck driver does not only have some responsibility, he/she has primary responsibility.
The issues in a multi-vehicle accident can get very complicated very quickly. You should be seeking advise and counsel of an experienced personal injury attorney. Soon.
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