Lawsuit Over Fiery Wreck on I-10 Highlights Trucking Liability Issues

On a heavily-traveled section of Interstate 10 between Phoenix and Tucson, disaster struck on September 8. An eastbound 18-wheeler driven reportedly crossed a median and entered the westbound lane, careening head-on into oncoming traffic. The rig slammed into a minivan, setting it aflame, before impacting another semi-tractor trailer and ultimately coming to a rest on its side.

The accident killed four people, including the driver of the semi. According to the Arizona Department of Public Safety, it could be months before investigators discover why the driver lost control of his truck.

Truck Driver’s Employer Sued

A few weeks after the crash, the sole surviving immediate family member of the victims filed suit against the driver’s employer. Among other things, the lawsuit alleges that the driver of the semi fell short of his responsibilities by failing to take proper evasive action, being inattentive at the wheel and failing to properly maintain his vehicle.

The trucking company is accused of negligent supervision, hiring and training. In addition, the suit seeks to hold the company financially responsible for the crash under the legal theory of respondeat superior.

Respondeat superior is a Latin term that, translated literally, means “let the master answer.” In legal actions, respondeat superior refers to a form of vicarious liability that makes employers responsible for certain actions of their employees. There is one key factor in determining whether a worker’s actions can be attributed to their employer: was the conduct in question within the scope of employment?

Actions that occur substantially within the normal time and geographical limits of a job, fit within the general job description and that are performed with at least partial intent to further the employer’s business are within the scope of employment. With any semi accident in the state, a qualified Phoenix Trucking Accident Lawyer is the best resource for a complete analysis of whether respondeat superior applies.

Legal Damages in Semi Crash Cases

“Damages” is the legal term for the compensation provided to accident victims or their family members from responsible parties. Typical damages for injuries often account for medical expenses, wages lost due to an inability to work, and pain and suffering. Wrongful death actions brought by family members of accident victims may seek to recover types of damages similar to those available in an injury suit, like compensation for medical bills and the loss of future earnings. Wrongful death cases may also include damages for loss of companionship, funeral expenses and other costs attributable to the accident.

The abovementioned damages are compensatory damages, or money awarded by a judge or jury that is intended as repayment to a victim or a victim’s family for direct harm suffered. In some cases, usually those that involve more egregious wrongdoing, punitive damages may also be awarded. Punitive damages are meant to punish a party for wrongful actions and to deter similar behavior in the future.

When punitive damages are awarded, they are in addition to compensatory damages. According the survivor’s lawsuit, the victim is seeking all damages recoverable under statutory and common law.

Fault for Truck Accidents in Arizona

Fault is a critical element in motor vehicle claims. Of course, some insurance companies offer extra coverage to help pay for damages regardless of fault. But, insurance policies notwithstanding, generally the person whose negligence caused the accident (or in some cases his or her insurer or employer) must pay for the resulting damage.

Arizona is a pure comparative fault state. This means if an injured person is partially responsible for causing his or her own injuries, damages are reduced by the percentage of his or her fault. For instance, if damages for an injury amounted to $10,000, and the injured person was 70 percent at fault, he or she would be able to recover $3,000 from other responsible parties. There is no “magic formula” for determining fault – it is based on the circumstances surrounding the accident as interpreted by a jury or judge.

In cases like this particular trucking accident in which the other driver crossed the median and was going the wrong way down the road, victims would likely bear very little, if any, fault.

I-10 Particularly Dangerous In the Phoenix Area

Unfortunately, this tragic accident is not an isolated incident. Interstate I-10 is one of the most dangerous Arizona highways. A mere two months later, another fatal crash rocked I-10 in Phoenix.

In the latest incident on November 9, a milk truck struck the rear of a tanker truck filled with a highly flammable diesel and gasoline solution. The crash ignited a blaze that left the driver of the milk truck dead. It took emergency crews nearly two hours to quench the flames, and miles of I-10 were closed for almost 24 hours as workers scrambled to make the scorched highway drivable.

Legal Counsel

Many serious accidents occur in and around the Phoenix area on I-10 and other particularly hazardous roadways. The lawsuit filed by the victims will hopefully provide compensation to help him through his time of need. In addition to providing monetary compensation, righteous legal actions encourage better driving, and promote a keener focus on safety for trucking firms. If you or a family member has been the victim of an accident, contact an Arizona attorney today to discuss your legal options.