Commercial trucks perform the crucial task of hauling goods and cargo to where they need to be. Most truck drivers drive their vehicles responsibly as they drive across the country. Unfortunately, some trucking companies and truck drivers drive their trucks negligently. They may speed to make up for lost time or disregard trucking rules and regulations meant to keep other motorists safe.
When a truck driver’s or trucking company’s negligence causes commercial truck accidents that result in bodily injuries, such as traumatic brain injuries, broken bones, spinal cord injuries, and severe burns, those at fault are held liable for the severe injuries and damages they cause.
If you have been injured in a Denver truck accident by a negligent driver, contact an experienced truck accident attorney at DCAL. To schedule a no-cost initial consultation to discuss your legal rights and options, contact our personal injury law firm today at 720-770-5454.
What Makes Truck Accident Claims So Complex?
Many people mistakenly think that filing a truck accident claim is the same as any other type of car accident case. In reality, several factors tend to make truck accident claims much more complex than the average car accident:
The Amount of Evidence Required
There are many state and federal regulations that govern the trucking industry. These regulations and the complicated nature of the truck industry result in many more pieces of evidence that must be reviewed following a truck crash to determine the cause of the accident.
There Are More Parties That Can Be Found Liable
Several parties play different roles in the operation of a truck. Recklessness or negligence by any of these parties may cause an accident. To ensure that injured parties get the maximum financial compensation they deserve, each of the involved party’ actions must be reviewed. This investigation determines which of them bears fault for the truck accident and in what proportion.
Damages and Injuries Are Typically More Serious
The impact of a truck accident often causes catastrophic injuries. These serious injuries complicate a truck crash case since they take can take a significant amount of time to heal. This makes it likely that truck accident victims will still be undergoing medical treatment by the time their insurance claim goes to settlement negotiations or to a court trial. Any fair settlement should include the truck accident victim’s future expenses and financial damages.
Learn More: Damages You can get From a Truck Accident Claim
Who Can Be Held Liable After a Truck Accident in Denver, Colorado?
Again, a commercial truck crash differs from the average car accident because they often result in serious injuries and extensive property damage. Further, unlike your usual fender bender where one driver or the other is the responsible party for the accident, it's possible for multiple parties to be responsible for a truck wreck. Some of the parties that may share liability following a truck accident include:
- Truck Driver
- Trucking Company
- Truck Owner
- Maintenance Company
- Defective Truck Part Manufacturer
- Cargo Loading Company
- Governmental Entity
- Shipping Agency
- Another Driver
Multiple liable parties are common in truck crashes because many truck drivers are independent contractors who don’t own the commercial vehicle they're driving. Additionally, one trucking company might own the trailer while another owns the tractor or the cargo inside.
Our experienced Denver truck accident lawyers will thoroughly investigate your accident to identify all liable parties and sources of financial compensation for you. To schedule a no-cost initial consultation, contact an experienced truck accident lawyer at DCAL today at 720-770-5454.
What Evidence Can Be Used in a Truck Accident Claim in Colorado?
Establishing the exact cause of a truck crash can be very difficult. Thoroughly investigating a truck crash claim requires gathering and reviewing numerous pieces of evidence to figure out the cause of the accident and who should be held responsible. Some examples of evidence that our experienced Denver truck accident lawyers may use in a truck case include:
- The truck driver’s log. Truck drivers must follow federal and state-mandated limits on the number of hours they can drive. Truck drivers must maintain a log of their service hours to ensure they obey these limits. Reviewing the log can determine if a truck driver had exceeded those limits at the time of a truck accident and thus may have been driving while fatigued.
- The driver’s toxicology report. In accidents involving catastrophic injury or death, drivers are often required to take blood alcohol, and drug tests to determine if they were impaired.
- Employment records for the truck driver. These can prove whether the truck driver was properly trained to drive their vehicle, or if the driver had an unsafe driving record or caused accidents prior to this.
- Electronic data records from the truck. What is typically referred to as a “black box” is often attached to commercial trucks. The black box” records all the information. This box keeps track of records including the truck’s speed and position, or even the acceleration, steering, and braking inputs by the truck driver. This data shows what the driver did or didn't do before the crash.
- The loading company manifest. The manifest can prove whether a truck had an unbalanced, unsafe, or unsecured load that may have contributed to or caused the crash.
- Maintenance records for the truck. Truck drivers and operators must keep trucks in good working condition and observe recommended maintenance schedules. Not doing so can lead to the failure of critical systems, causing a crash.
Learn More: Statute of Limitations for Injury Claims in Colorado
What Are Common Causes of 18-Wheeler Accidents in Colorado?
Safely driving commercial trucks calls for a great deal of skill and training. When truck drivers and trucking companies ignore state and federal safety regulations, it puts other drivers and motorists at risk. Even a momentary lapse of judgment or concentration by a truck driver can cause a catastrophic crash. Common causes of truck accidents include:
- Speeding
- Following too closely, or tailgating
- Reckless or careless driving, like speeding
- Brake failures
- Improperly changing lanes, including not checking mirrors or blind spots, or using turn signals
- Drowsy or fatigued driving
- Unsafe turns, such as not yielding to oncoming traffic or cutting far left for a right-hand turn
- Distracted driving, such as texting while driving
- Driving under the influence of alcohol and/or drugs
- Inexperienced drivers, who may not know how to properly operate vehicles that are a certain size or weight
- Manufacturing or design defects in trucks or truck parts
- Unsafely loaded cargo, including loads that are too heavy for the vehicle or cargo that is not properly secured or is imbalanced
- Unfamiliarity with routes, which can cause truck drivers to get lost and end up on roads unsafe for large commercial trucks
- Improper or deferred truck maintenance
- Heavy snow or rain, heavy fog, or low lighting
- Defective road conditions such as broken pavement or potholes
How Can a Denver Personal Injury Attorney Help?
An experienced experienced personal injury attorney can improve your odds of securing the maximum financial compensation for your bodily injuries and financial damages.
Truck companies and their insurance providers use tricks and tactics to get accident victims to accept low-ball settlement offers. Their goal is to limit the amount of compensation they have to pay you. An experienced truck accident attorney can fight back against these malicious efforts. Our legal team can help you seek the maximum financial recovery you deserve by:
- Thoroughly investigate your truck accident to gather all available evidence. This includes sending evidence requests to the trucking companies to secure all the documents in their possession.
- Working with expert witnesses to build a solid defense strategy that persuasively explains how the truck accident occurred, who was liable for the accident, and the extent of your financial damages.
- Fiercely negotiate with the trucking and insurance companies on your behalf to recover a financial settlement as efficiently as possible. The settlement will provide you with the full and maximum compensation you deserve.
- Preparing your accident case to go to trial. That preparation shows the at-fault party that you're serious about getting your full and fair monetary compensation.
Contact our Denver personal injury law firm today at 720-770-5454 for a no-cost initial consultation with an experienced truck accident attorney in Denver.