Mansorian law group
Colorado Truck Accident Lawyer
You have probably never thought about hiring a semi-truck accident lawyer, but, then again, getting into a trucking accident in Colorado isn’t usually a planned event. A Colorado truck accident lawyer is here to help protect your rights no matter if you’re in a fender bender or an accident that resulted in personal injury. We will investigate the case and gather all of the information. From there, we will decide what is the best course of action for you.
What is a Truck Accident
A truck accident is a motor-vehicle collision involving a tractor-trailer, 18-wheeler, or semi truck. Truck accidents are categorized differently than car accidents because of the size of the vehicles relative to sedans or SUVs on the road. Since the mass and weight of these vehicles and what they are carrying is greater than that of regular cars on the road, the damage done in these accidents is typically much greater than if the cars involved had been similar sizes.
Why Differentiate Between a Car Accident and a Truck Accident?
In a car accident, when the at-fault driver owns the car, it is easy to know whose insurance to contact and who is at-fault. In a truck accident, however, especially involving a commercially owned vehicle, things may not be so straight-forward. When determining who is at-fault, liability may fall on the company who owns the vehicle, the driver, or other outside parties. If the truck is leased by an outside company, the company who leased it, the cargo-loaders, or the truck manufacturers, may be, at least partially, responsible depending on the details of the case.
This makes truck accident cases more complicated than car accident cases because liability may fall on more than just the at-fault driver. For this reason, working with an experienced truck accident law firm is crucial for correctly assigning fault and determining damages owed.
Common Truck Accident Causes in Colorado
The Colorado State Patrol (CSP) investigates about 30% of traffic accidents and 70% of car accidents involving fatalities. In 2020 the CSP responded to 268 fatal crashes, the majority of which were caused by DUI/DUID, Lane Violations, and Exceeding Lawful Speeding.
While there is some overlap in the common factors that cause accidents in general, these are other common causes that are specific to semi-truck accidents in Colorado:
- Mechanical defects
- Driver fatigue
- Construction zone crashes
- Job stress
- Failure to give right of way
- Inattentiveness while driving (using a cell phone or eating)
The contributing reasons why these are the most common causes of trucking accidents may have to do with the conditions that truckers are in. Truck drivers are expected to work long hours and trucking companies tend to pay truckers by the mile. These things may contribute to trucker burn out, and, as a result, the above-listed reasons why these accidents occur.
Our truck accident lawyers have previously worked on the other side as defense attorneys for corporations. They are knowledgeable about what arguments corporations’ defense attorneys, such as commercial truck companies, apply to cases. This makes us able to anticipate corporations’ moves several steps ahead of them. Inside of a trial setting, we know how to demonstrate that the company is responsible for creating dangerous conditions, which in turn gets money back for our clients. Outside of trial, we understand the motivations behind corporations’ actions and know how to negotiate with them.
Common Injuries as a Result of a Truck Accident in Colorado
Truck accidents are not as common as car accidents, but due to the difference in size in a large truck and a regular car on the road, the damage caused in truck accidents tends to be more serious than that of a car accident. Consumer Notice reports that trucks make up only 4% of the cars on the road, yet account for 1 in 10 highway deaths.
When injured in a truck accident, here are some common injuries:
- Spinal cord and neck injuries
- Broken bones
- Traumatic brain injury (TBI)
- Soft tissue injuries
- Chest injuries
- Internal injuries
- Sprains, strains, and muscle tears
- Burns (from fuel tank explosions on impact)
Mansorian Law Group Colorado Truck Accident Law Firm
If the above sounds like your situation, you may be questioning if you should hire a truck accident lawyer, and if so, how to know which lawyer is right for you.
In making your decision, consider your safety and peace of mind. Ideally, a truck accident lawyer would relieve your stress—not add to it. When looking for a truck accident lawyer, make sure to hire one who takes a personalized approach and considers the best option for your specific case. Cases can last for months if not years, so make sure your truck accident lawyer is reputable and committed.
When looking for a lawyer, ask yourself:
- How long have the lawyer(s) been practicing attorneys?
- Does the firm have experience with this type of case?
- How often do they try versus settle cases?
- What kind of results do they get for their clients?
- What reputation do they have in the legal community?
Can I Handle My Truck Accident Case Without A Lawyer?
Truck accidents that result in injuries and fatalities are on the rise in Colorado. If you or a loved one has been injured in a trucking accident, a truck accident lawyer can help. Truck accident injuries range in terms of severity, but they almost always cost money and peace of mind. A truck accident lawyer in Colorado will be able to evaluate your case, make a claim against the responsible party, and get you on the path to recovery.
The law and insurance policies can be difficult enough to navigate without also dealing with personal injury or loss. Let a Colorado truck accident lawyer handle everything from negotiating with insurance companies to presenting evidence in court, if your case comes to that.
Although truck accidents are rarer than car crashes, which happen every day, people are often not well prepared for the day they are injured in one.
Truck accidents cost a lot of money. Between damages to your vehicle, damages to your property inside your vehicle, medical bills, and the time you missed at work, you could be looking at a devastating loss – a loss that you might not ever be able to recover from. A Denver truck accident lawyer can lower your initial costs in negotiations with insurance companies and help you avoid having to pay for damages and lost wages by ensuring that the responsible party and their insurance cover necessary costs.
Truck accidents, and navigating the aftermath of them, are stressful enough. Rather than having to worry about battling for getting money back, leave it to us so you can get on with your life.
Requirements for a Personal Injury Claim After a Truck Accident in Colorado
In order to file a personal injury claim in Colorado, normally, your claim must meet the following requirements:
- There must be an identifiable at-fault driver
- You must have bodily injuries
- A medical professional must have your injuries documented
- You must be able to prove that your injuries are a result of the accident
However, with truck accidents, since there are often several people involved, this process is not so clear. A truck accident is like a ticking timebomb in that the causes of truck accidents are more preventable well in advance than spur-of-the-moment like a car accident might be. If truck companies knew of an issue and did nothing to stop it from escalating, this is a different fact pattern to prove.
With truck accident cases, you should look for an experienced truck accident lawyer who understands the nuance of truck accident cases, how to demonstrate a pattern of behavior from the truck companies, and a lawyer who can perform corporate depositions well under C.R.C.P. 30(b)(6). This is beneficial, as is having a truck accident attorney who is familiar with the specific set of duties imposed on a truck driver as someone who has a Commercial Drivers’ License (CDL).
Under a CDL, penalties for any of the following could mean that your license would be suspended or revoked. If someone with a CDL commits more than one of the following, their license can be suspended for life.
- Knowingly leaving the scene of an accident in a Commercial Motor Vehicle (CMV)
- Causing a fatality in a CMV
- Not keeping records of where you were and what you were doing
- Putting excessive cargo into the truck (over the maximum weight the truck could handle)
- Running a red light
- Loading every wall of the truck with hazardous materials
- Driving while impaired
Damages That Can Be Recovered After a Truck Accident in Colorado
There are two types of damages that a truck accident lawyer can recover for you after you’ve been in a crash:
- Economic damages – this refers to medical expenses, loss of wages, and any additional costs that are related to how your injuries alter your life.
- Non-economic damages – this generally refers to pain and suffering; damages that occur as a result of your (or a loved one’s) physical and non-physical injuries.
In order to have medical expenses paid, you will need to give your truck accident lawyer a copy of your medical records, tests, prescriptions, etc.
To have your wages reimbursed, you will have to provide your truck accident lawyer with a recent tax return or recent pay stubs so they can verify your income.
Hiring a Truck Accident Lawyer in Colorado
It’s always a good idea to call a truck accident lawyer in Colorado, especially if there are serious damages to you, a loved one, or your property. A truck accident can seriously alter your life in the blink of an eye. The best truck accident lawyer in Colorado will be able to help get you what you need to live a healthy and comfortable life. Let one of our Denver truck accident lawyers help you. If you would like to schedule a free consultation, complete the “Contact Me Now” information available on this page.
What to Do After a Truck Accident in Colorado
The steps you take after you’ve been involved in a truck accident in Colorado are crucial because they determine the future of your claim.
- Move your car out of traffic, if possible
- Wait for emergency services. Medical personnel will evaluate you when they arrive
- Do not leave the scene or touch any evidence
- Take photos of the vehicles involved in the accident, road conditions, debris, traffic signals, signage – anything that could be pertinent to building a case
- Exchange insurance information with the other involved driver(s)
- File a police report
- Don’t speak to any insurance agents until you get the best truck accident lawyer
Commercial Drivers’ Licenses
Commercial Drivers’ Licenses, or CDLs, are licenses truckers are required to get in Colorado to drive commercially owned trucks. There are different designations for types of CDLs, but because the materials being transported in commercial trucks are hazardous and/or the load the truck is carrying is so heavy, the requirements for CDLs are more extensive than they would be for a general drivers’ license.
Some of the safety requirements for Commercial Motor Vehicles (CMVs) that would mean you would need a CDL to drive them include:
- Emergency equipment
- Brakes on all wheels
- Annual inspections
- Daily vehicle inspection reports performed by driver
- Hourly logs by the driver of what they were doing and when
The safety regulations under CDLs are strict, with escalating periods of suspension or revocation if a driver is found to not be in compliance.
Deterrence is a concept borrowed from Criminal Law, but one that applies to truck accident cases as well. The idea is that the law functions not only to reimburse people for the monetary value of items; it also exists to prevent certain harmful behaviors. While in Criminal Law, it is with time, in Civil Law, the price you pay for harming others is with money.
Laws that govern corporations such as commercial truck companies exist for a reason—the rules are in place to keep the public safe. Otherwise, commercial truck companies could cut corners and not check the equipment as much as they should, for example, and there would be no added incentive for them to stop doing this apart from it being the right thing to do. If the trucking company is unmotivated to do what is moral, knowing that they certainly will owe a fee for not doing something, or for doing something that harms others, creates a built-in reason for them to follow the rules that are in place.
With Deterrence, certain behaviors are decided as being so unacceptable that there is a fee for doing them anyway. Deterrence aims to make the world a better place by regulating behaviors and preventing the abuse of power. Moreover, it allows people who otherwise would not be able to raise a lawsuit for something that is bigger than them to be able to. This is significant because it acknowledges that in the Civil system, if no one brings it up, then it is not considered an issue. While people may be tempted to avoid bringing up harm done to them, Deterrence allows for justice by checking large corporations in favor of the underdog.
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