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If you need a Tempe truck accident lawyer, Elmm Law Group handles your case from evidence to settlement, including all insurance communication.
Arizona law gives most injured victims two years to file a personal injury lawsuit under A.R.S. § 12-542. That window sounds generous, but in truck accident cases it disappears quickly because critical evidence, including ELD data, onboard camera footage, and driver logs, can be overwritten or destroyed within days or weeks unless a formal legal hold is in place. For more detail, see our guide on Tempe Motorcycle Accident Lawyer.
Here are the key rights and deadlines Tempe truck accident victims should understand: For more detail, see our guide on Arizona Car Accident Statistics.
When a passenger car collides with an 80,000-pound semi-truck, the physical damage is obvious. Less obvious is how aggressively the trucking company’s insurer will work to minimize or deny your claim. Large motor carriers often have rapid-response teams that arrive at the crash scene before the injured victim has even left the hospital. Their goal is to document the scene in a way that favors the carrier, not you.
Insurers in truck accident cases use several common tactics to reduce payouts. They may argue that you were speeding, following too closely, or distracted. They may claim the driver was an independent contractor rather than an employee, attempting to sever the carrier’s liability. They may offer a fast, low settlement before the full extent of your injuries is known. They may also delay producing records, hoping that electronic data is overwritten before it can be used against them.
Arizona’s comparative fault framework under A.R.S. § 12-2505 means that every percentage point of fault shifted to you reduces your recovery. Trucking company attorneys are skilled at building comparative fault arguments, and countering them requires a lawyer who understands both the federal regulatory framework and Arizona tort law.
Arizona law allows truck accident victims to pursue both economic and non-economic damages. In cases involving egregious conduct, punitive damages may also be available under A.R.S. § 12-820.04 and related case law. The following categories of compensation are commonly pursued:
Tempe’s geography creates a convergence of heavy commercial truck traffic and dense civilian activity unlike that of most Valley cities. The Loop 101 (Price Freeway) carries significant freight movement along the eastern edge of Tempe, and the Loop 202 (Red Mountain Freeway) funnels trucks through the city’s northern corridor. US 60 (Superstition Freeway) is a primary route for commercial vehicles moving goods between the East Valley and central Phoenix, and its interchange areas near Priest Drive and Elliot Road are frequent congestion points where rear-end and sideswipe crashes involving large trucks occur.
Apache Boulevard, which runs parallel to the Valley Metro light-rail line, presents a distinct hazard. Trucks making right turns across the light-rail corridor and bicycle lanes frequently conflict with cyclists and pedestrians, particularly near the ASU campus area. University Drive and Rural Road see heavy delivery-truck activity around Tempe Marketplace and the university’s supply chain operations, creating merge and turn conflicts with student cyclists and pedestrians who are present at all hours.
Specific causes our attorneys investigate in Tempe truck accident cases include:
The size and weight disparity between a commercial semi-truck and a passenger vehicle means that even a low-speed truck collision can produce catastrophic injuries. Occupants of smaller vehicles absorb forces that the human body is not designed to withstand. The following injuries appear frequently in the truck accident cases we handle:
The actions you take immediately after a truck accident in Tempe directly affect both your health and the strength of your legal claim. Follow these steps as closely as your physical condition allows:
The moment Elmm Law Group takes your case, we send a formal spoliation letter to the trucking company and its insurer demanding preservation of all electronically stored information. This includes ELD data showing hours of service and driving patterns, onboard event data recorders (black boxes), dashcam and forward-facing camera footage, driver qualification files, drug and alcohol testing records, and all pre-trip and post-trip inspection reports. Under 49 C.F.R. § 379.9 and related FMCSA regulations, carriers have specific record retention obligations, but data can still be lost if a legal hold is not enforced promptly.
We also retain accident reconstruction experts when the facts of the crash are disputed, and we work with medical experts who can document the full scope and future trajectory of your injuries. When cargo loading is a factor, we investigate the shipper and freight broker’s role in addition to the carrier’s.
A truck accident claim is rarely just a claim against one driver. Depending on the facts, potentially liable parties may include the motor carrier under respondeat superior or negligent entrustment theories, the freight broker under emerging federal and state liability frameworks, the cargo loader if improper loading caused the crash, the truck or parts manufacturer if a defect contributed, and the entity responsible for road maintenance if a hazardous condition played a role. Elmm Law Group investigates every link in the chain to ensure no source of recovery is overlooked.
We prepare every case as if it will go to trial, because insurers settle more fairly when they know opposing counsel is ready to litigate. If the carrier’s insurer refuses to offer fair compensation, we file suit in Maricopa County Superior Court and pursue your case through discovery, depositions, expert disclosure, and trial. Our preparation and willingness to go to court is often the most effective negotiating tool available. For more detail, see our guide on Maricopa County Car Accident Statistics.
Tempe is one of the most complex driving environments in the East Valley. The city sits at the intersection of multiple high-volume freeway corridors: Loop 101 along the east, Loop 202 cutting through the north, and US 60 running through the south. These freeways carry substantial commercial freight traffic, and their interchange areas, particularly around Priest Drive, Elliot Road, and McClintock Drive, are known high-conflict zones where trucks and passenger vehicles compete for limited space at highway speeds.
Surface streets add another layer of complexity. Broadway Road and Southern Avenue are major east-west arterials that carry both local delivery trucks and through traffic. Baseline Road, near the southern edge of Tempe, is a freight corridor connecting to distribution centers in Mesa and Chandler. Scottsdale Road through Tempe is a mixed commercial and residential corridor where large vehicles navigating tight turns create hazards for cyclists and pedestrians, a population that is unusually large in Tempe given the presence of Arizona State University’s main campus.
Arizona law shapes truck accident claims in ways that matter locally. Arizona’s pure comparative fault rule under A.R.S. § 12-2505 means that fault arguments about a cyclist’s lane position on Apache Boulevard or a pedestrian’s crossing behavior near Sun Devil Stadium can directly affect a victim’s recovery. Understanding how Maricopa County Superior Court juries evaluate these arguments, and how local judges handle FMCSA regulatory evidence, is part of the knowledge base that Elmm Law Group brings to every case.
Our Phoenix office at 3401 N. 32nd St. is a short drive northwest of Tempe via Loop 202 (Red Mountain Freeway) or Interstate 10, and we serve Tempe truck accident victims throughout Maricopa County. Cases are filed in Maricopa County Superior Court, located in downtown Phoenix, and we handle all filings, hearings, and court appearances on your behalf.
Gordana “Gordi” Mikalacki, Esq. leads Elmm Law Group and personally handles truck accident cases for clients throughout Tempe and the greater Maricopa County area. Her background is unusually well-suited to the demands of complex commercial truck litigation.
Gordi earned her J.D. from Sandra Day O’Connor College of Law at Arizona State University, giving her a deep familiarity with Arizona’s legal landscape and the courts where these cases are litigated. She served as a law clerk for the Arizona Court of Appeals, where she analyzed complex civil and procedural issues at the appellate level. She then served as an Assistant Attorney General for the State of Arizona, where she litigated on behalf of the state and developed the courtroom skills that now benefit her personal injury clients.
When you hire Elmm Law Group, you work directly with Gordi, not a paralegal or junior associate. She is available 24 hours a day, 7 days a week, and she consults with clients in English, Spanish, and Serbo-Croatian. Truck accident victims in Tempe should not have to navigate a language barrier on top of a serious injury, and Gordi’s multilingual capability ensures that every client can communicate clearly and confidently about their case.
If you or a family member was injured in a truck accident in Tempe, the time to act is now. Evidence in truck accident cases can disappear within days, and the trucking company’s legal team may already be working to protect its interests. Elmm Law Group offers a free, no-obligation consultation so you can understand your rights and options without any upfront cost or commitment. There is no fee unless we recover compensation for you.
Gordi Mikalacki is available around the clock, seven days a week, and consultations are available in English, Spanish, and Serbo-Croatian. Reach out today to get started.
Get Your Free Consultation - Available 24/7In most truck accident cases, Arizona’s two-year statute of limitations under A.R.S. § 12-542 applies. The clock generally starts running on the date of the crash. If you miss this deadline, you will almost certainly lose the right to pursue compensation in court, regardless of how strong your case might otherwise be.
There are important exceptions that can shorten this window significantly. If a government entity, such as the City of Tempe or the Arizona Department of Transportation, bears any responsibility for the crash, a notice of claim must be filed within 180 days under A.R.S. § 12-821.01. If the injured person is a minor, different tolling rules may apply. Because of these variables, it is important to consult with a Tempe truck accident attorney as soon as possible after a crash.
Truck accident liability is rarely limited to the driver alone. Depending on the facts, potentially responsible parties include the motor carrier (the trucking company), the freight broker who arranged the load, the shipper or cargo loader if improper loading caused the crash, the truck or component manufacturer if a defect contributed, and the entity responsible for maintaining the road if a hazardous condition was a factor.
Arizona law allows claims against multiple defendants in a single lawsuit. Under A.R.S. § 12-2506, each defendant is generally responsible only for their proportionate share of fault, though joint and several liability may apply in certain circumstances. Identifying all liable parties is one of the most important things a truck accident attorney does early in the case.
A spoliation letter is a formal written notice sent to the trucking company and its insurer demanding that they preserve specific categories of evidence related to your crash. In truck accident cases, this evidence includes electronic logging device (ELD) data showing the driver’s hours of service, onboard event data recorder (black box) information, dashcam footage, driver qualification files, drug and alcohol testing records, and maintenance and inspection logs.
This evidence is critical because it can prove hours-of-service violations, prior mechanical problems, or a pattern of unsafe driving. The problem is that much of this data is automatically overwritten after a short period, sometimes as little as 30 days. If a carrier destroys evidence after receiving a spoliation letter, that destruction can be used against them in court as an adverse inference. Sending this letter quickly is one of the most important early steps in any truck accident case.
Truck accident lawsuits arising from crashes in Tempe are filed in Maricopa County Superior Court in Phoenix. Tempe is located within Maricopa County, and the Superior Court has general jurisdiction over personal injury cases above the jurisdictional threshold for lower courts.
The litigation process typically involves filing a complaint, serving the defendants, engaging in written discovery and depositions, exchanging expert witness disclosures, and then either settling the case or proceeding to trial. Many truck accident cases resolve before trial, but the willingness and preparation to go to trial is often what drives a fair settlement. Elmm Law Group handles all aspects of the court process for Tempe clients from our Phoenix office, which is easily accessible from Tempe via Loop 202 or Interstate 10.
Arizona follows a pure comparative fault system under A.R.S. § 12-2505. This means that even if you were partially at fault for the crash, you can still recover compensation. Your total damages are simply reduced by your percentage of fault. For example, if you are found 20% at fault and your total damages are $500,000, you would recover $400,000.
Trucking company insurers frequently attempt to inflate the victim’s percentage of fault to reduce the payout. They may argue that you were speeding on US 60, following too closely on Loop 101, or distracted at an intersection on Baseline Road. Having an attorney who understands how to counter these arguments with evidence, including ELD data, dashcam footage, and accident reconstruction analysis, is essential to protecting your recovery.
Elmm Law Group handles truck accident cases on a contingency fee basis. This means you pay no attorney fees upfront and no attorney fees at all unless we recover compensation for you. Our fee is a percentage of the recovery, which is explained clearly in your representation agreement before you sign anything.
The initial consultation is completely free and carries no obligation. You can speak directly with Gordi Mikalacki, learn about your rights and the strength of your potential claim, and decide whether to move forward, all without spending a dollar. For truck accident victims already dealing with medical bills and lost income, this structure means that access to experienced legal representation does not depend on your financial situation.
Given our firm specializes in and exclusively handles personal injury cases, we’re able to provide one-on-one Client-Attorney contact to ensure our clients feel heard. Also, we don’t get paid unless you do! Our team can provide multilingual services in English, Spanish, and Serbo-Croatian.
If you’ve been injured in a car crash, motorcycle wreck, pedestrian accident, trucking collision, or from a dog bite, call our Phoenix personal injury lawyer today for a FREE consultation. We’re available 24/7!
Take your first step towards speaking with our office by contacting us for a FREE consultation today. Call us at (480) 329-5084 or complete the form below. We look forward to evaluating your case!