Call (800) 863-5312 To Speak with a Colorado Injury Lawyer for Truck Drivers for Free
The dangers of on the job accidents are heightened for truck drivers relative to many other jobs, as truck drivers spend a lot of time driving and lifting heavy cargo. These job tasks, unfortunately, lead to large amounts of injuries each year. All roadway accidents are dangerous, but the size and weight of trucks can make them harder to control at high speeds, making accidents more difficult to avoid and potentially more severe for all parties involved
We believe truck drivers should be competently legally represented. If you or a loved one has been injured as a truck driver, call Zinda Law Group today at (800)-863-5312 for a free consultation with an experienced Colorado truck driver injury lawyer.
Workers Compensation Claims
Workers compensation is available to Colorado truck drivers who are injured on the job. “On the job” does not only mean accidents that happen while driving the truck on the roadways, but can also apply to other activities surrounding the use of the truck and duties as a truck driver. These duties include, but are not limited to, loading the truck, checking the cargo, or entering and exiting the vehicle.
Workers compensation is insurance paid for by employers (including truck carriers) that is available to cover medical costs, lost wages, and disability costs associated with work-related accidents of employees. Thus, truck drivers who are injured on the job will usually qualify for a worker's compensation claim.
The difficult part is that many employers may attempt to characterize their employees as independent contractors in order to avoid having to pay workers compensation benefits on their truck drivers, as well as to save on federal and state taxes, and lower their social security insurance payments.
In Colorado, even independent contractor truck drivers are typically covered by worker’s compensation benefits, or covered by a similar private insurance plan. This means that even if your employer states you are not eligible for worker's compensation because of your independent contractor designation, you will not be disqualified from workers’ compensation benefits. Your experienced worker's compensation attorney will know how to initiate your claim or identify your employer's similar private insurance coverage plan in order to seek compensation for your injuries, disability, medical bills, and lost wages associated with your work-related injury.
Additionally, completing a worker's compensation claim is generally complex, and you may accidentally disqualify yourself from coverage based upon the substance of your worker's compensation claim. Thus, it is strongly advisable to speak with an experienced attorney who is familiar with the requirements to seek maximum compensation for your injuries.
Common Injuries for Truck Drivers
While all roadway accidents are dangerous and potentially life-threatening, due to the large size and increased weight of most commercial trucks, truck accidents are very dangerous. Also, due to the greater height of commercial trucks relative to passenger cars, drivers are prone to injury while entering and exiting the vehicle due to falling. It is important to realize many truck driver injuries may make it more difficult to adequately perform job duties that require loading the truck and sitting for long periods. If this is the case, lost wages will come into account when calculating the amount of compensation appropriate for the damages.
Some of the most common injuries for truck drivers are:
- Back injuries
- Spine Injuries
- Brian injury and trauma
- Bone fractures
- Loss of limbs and death
Noting the serious danger associated with common truck driver injuries, it is imperative that you seek immediate medical attention, and that you enlist the help of an experienced truck injury attorney who can help you seek compensation for your injuries. Some injuries may require ongoing medical attention and you will want to seek compensation for future medical costs as well as all previous and current medical bills and treatments.
Common Causes of Trucking Accidents
Many truck accidents are caused by the negligence of another party. In many cases, the trucking company was negligent in maintaining the vehicle or in overworking their drivers. Thus, if the cause of the accident was due to the negligence of another party, including the trucking company, you may sue the negligent party for your injury. Note that this can be any third party, including another motorist or truck manufacturer.
If another party's negligence played a role in your trucking accident, you may have an injury claim against them. To prove negligence, you generally must show other party acted unreasonably, and by doing so caused your injury.
Some of the most common causes of truck accidents are:
The Trucking Company
This can include the trucking company not maintaining the truck, violating a trucking regulation, overworking their drivers, or even not properly balancing the cargo. In these cases, where the trucking company/carrier has been negligent and thus attributed to your accident, the trucking company can be held liable for your damages.
Faulty Truck Components (Manufacturer Negligence)
With all of the truck parts that go into creating a finished truck, even one defective part could contribute to a truck accident. For example, a defective tire could lead to a blow-out while on the road. Defective brakes, brake pads, or a defective fuel system could result in not being able to properly control the vehicle. The truck manufacturer or truck part manufacturer could likely be held liable for your accident in an instance of faulty manufacturing.
Oversight of Maintenance Company
A third party truck maintenance company who does not properly maintain the truck, attributing to an accident, can be held liable for your accident. Proper truck maintenance and conformance with truck maintenance regulations are crucial for accident-free truck driving.
Negligence of Another Motorist
Negligence can also arise from other drivers on the road. For example, other drivers may be speeding, not obeying traffic laws, driving recklessly, under the influence, or merely not paying adequate attention while driving. If your accident was caused by the negligence of another motorist, you likely will be able to bring a claim against them for your injuries.
As there are many ways in which another party may be liable for your injuries, your attorney will conduct a full investigation and use the subsequent discovery period to ascertain who and what caused your accident and injuries. Notably, in many cases, multiple other parties may have caused the accident and thus compensation can be sought from them all.
As evidence is gathered on the cause of the accident and suspected negligence of a third party, there is a chance the other party will seek to settle the case in an effort to avoid additional legal costs or a loss at trial. Your attorney will navigate the legal process as well as claims processes to your benefit to seek your greatest compensation.
What To Do If You’re In an Accident That Is Not Your Fault?
The first steps after the accident are to seek immediate medical attention and get police help, if necessary.
Next, you will want to document the scene of the accident, if possible. This will help preserve crucial evidence that your attorney can later use to advocate for higher workers compensation claims, insurance claims, or damages in a lawsuit.
In many cases, insurance adjusters will not see the incident or your damage until after the accident has been cleaned up, or until you have begun to heal. Thus, documenting the full extent of your injuries and the party at fault for the accident will help in seeking your highest compensation.
Further, as insurance companies usually seek to pay the lowest amount, it is important to consult with an attorney on the damages amount in your lawsuit, and strongly consider having your attorney communicate with all insurance companies, your employer, and other parties on your behalf.
Do I Need a Lawyer?
While, technically, anyone who has been injured may bring a lawsuit or file a worker's compensation claim on their own behalf, an experienced lawyer will significantly ease the stress and difficulty of the process. Your attorney will have seen many similar cases, and thus, will be prepared to seek the highest levels of compensation on your behalf.
Being injured in an accident is already an incredibly difficult situation. Depending on the severity of the incident, there may be immediate and long term medical attention needed, claims to be filed, and legal time limits to abide by. An experienced personal injury attorney will know how to effectively navigate the applicable legal processes to your benefit. Thus, as your attorney fights for you, you may focus on your health and recovery.
Further, an experienced personal injury attorney will know how to maximally calculate your damages so insurance companies and other parties do not attempt to undercompensate you in any applicable settlements. It can be extremely stressful filing an insurance claim or workers compensation claim to begin with, and the complexity is compounded when the other party seeks to pay you significantly less than will effectively help you manage your bills and healthfully recover from your injury.
An experienced truck driver injury lawyer will have represented many truck drivers in the past and will know how to pursue your maximum compensation, as well as communicate with the other parties, insurance companies, and workers compensation department. Also, your attorney will conduct investigations to establish the negligence and guilt of the at-fault parties that caused your injuries.
Upon the results of an in-depth investigation, your attorney will have the best resources to seek maximum compensation for you.
OUR EXPERIENCED COLORADO TRUCK DRIVER INJURY ATTORNEYS CAN HELP!
As increasing amounts of cargo are transported in trucks all across the United States, as well as mass package delivery, there will continue to be an increasing need for truck drivers.
Truck drivers perform an incredibly important but potentially dangerous job, spending a lot of time driving on the roadways and lifting heavy cargo. If you have been injured as a truck driver, you may be entitled to significant monetary compensation.
Our highly experienced truck driver injury attorneys can advocate on your behalf in order to both ease the difficulty experienced in the aftermath of an accident, as well as fighting on your behalf for your greatest compensation. Call Zinda Law Group today for a free consultation with an experienced Colorado truck driver accident attorney at (800)-863-5312.
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