CALL (800) 863-5312 TO SPEAK WITH A FORT COLLINS TRUCK ACCIDENT ATTORNEY TODAY
Truck accidents cause a myriad of injuries, however, no matter the fall-out, the victim(s) of a truck accident should not have to fight for compensation for their injuries alone. Our attorneys are happy to speak with you today free of charge to discuss your claim and determine what we may be able to do to help. An experienced attorney may be able to help you seek the maximum amount of compensation you may be entitled to for your injuries.
COMMON TRUCK ACCIDENT CASES WE HANDLE
The following list includes some of the common types of truck accident cases we handle:
- Wide turns
- Blind spots
- Head-on collisions
- Improperly loaded cargo
- T-bone accidents
- Underside accidents
- Rear-end accidents
- Tire blow-outs
COMMON CAUSES OF TRUCK ACCIDENTS IN COLORADO
A number of factors may ultimately contribute to a truck accident, but some of the most common causes include:
- Roadway problems
- Unfamiliarity with roadways
- Distracted drivers
- Driving under the influence
COMMON TRUCKING ACCIDENT INJURIES
With any type of accident, it’s important to know that injuries vary. Truck accidents can yield mild or severe consequences. Some of the common injuries that may occur after a truck accident include:
- Back and neck injuries
- Head injuries
- Brain injuries
- Broken bones
- Spinal injuries
- Internal injuries
- Emotional trauma
WHO CAN I SUE?
Those who operate commercial trucks are expected to demonstrate reasonable care while driving on Colorado roadways. A party who fails to exercise reasonable care will likely be deemed negligent, and thus are liable for the accident. When it comes to truck accidents, the truck driver or their employer can be found liable. The truck driver themselves may be held liable when they fail to adhere to the rules and regulations set forth by their employer and the Federal Motor Carrier Safety Administration (FMCSA). They may also be held liable if they are operating as an independent contractor, which limits their employer’s liability of the truck driver. Truck drivers are expected to follow certain local, state, and federal regulation, but so are their employers. A trucking company may be held liable for failing to adhere to these regulations, for negligent hiring or retention, or by engaging in practices that cause their drivers to engage in unsafe behavior.
PROVING DRIVER NEGLIGENCE
As mentioned above, truck accidents are often caused by a party’s negligence. This means that a truck driver, who owed a duty of care to other motorists, breached that duty and caused harm to another driver. This duty could be breached by disregarding rules of the road or even by disregarding certain trucking regulations. In fact, the responsible party may not even be the other truck driver at all, and the liability may be placed on their employer. However, sometimes the blame can be placed partially on the victim. Courts and insurance companies will analyze this under a theory of comparative negligence. If you are found to be partially at fault for your truck accident, this may affect your ability to recover.
Colorado law follows modified comparative negligence. Under this law, if any party involved in an accident is determined to have been 50 percent responsible or above, that party forfeits any right to receive compensation for their injuries.
HOW TO FILE A CLAIM
1. Call a Truck Accident Lawyer
In any personal injury accident, especially a truck accident, you may want to consider consulting an attorney. Trucking companies have a team of very skilled and experienced attorneys working in their favor and they will likely act quickly and aggressively to try and avoid liability. Having an experienced attorney on your side is the best way to make sure you don’t get taken advantage of and are in the best position to seek the maximum amount of compensation that you may be entitled to as a result of your truck accident.
Initiating a prompt and thorough investigation into the truck accident is a crucial step to gather valuable evidence to fight your claim. You want to gather the physical evidence resulting from a truck accident while it is still fresh. An attorney can play a special role by aiding you in conducting this investigation and letting you know what information is needed from you to file a successful claim. They can also advise you when speaking to the trucking insurance companies, who will be conducting their own investigation. They may know how to interview witnesses, review and analyze documents, and whether to hire any experts. One of the best ways you can help yourself after a truck accident is to take photographs not only of your property damage, but also of your injuries. This is an easy way to aid your attorney when an investigation ensues.
3. Case Settlement
The insurance provider for the trucking company will often offer the victim a monetary amount if the victim agrees to stop pursuing legal action. This is known as a settlement offer. These settlement offers can often be minimal and inadequate. The last thing you want to do as a recovering victim is get swindled into accepting a low-ball offer that is insufficient to compensate you for your injuries. An experienced attorney will provide advice about whether you should accept a settlement offer or negotiate further.
After a truck accident or any personal injury, different types of compensation may be awarded to help you get your life back on track. If you have been injured in an accident, you may be entitled to both economic and non-economic damages.
Economic damages cover expenses that can be straightforwardly quantified, which may include:
- Medical bills
- Lost wages
- Property damage
- Other incidentals
Non-economic damages are based on emotional injures and may include:
- Pain and suffering
- Physical impairment
- Loss of enjoyment of life
Pain and suffering is often something recovering victims have the most questions about. You are probably wondering how much you may be able to cover for pain and suffering after a truck accident or other personal injury. Unfortunately, without knowing the circumstances surrounding your particular claim it is impossible to estimate how much a victim will be awarded for pain and suffering. Ultimately. it will be dependent on how severe your injuries are and how severely those injuries will affect your life moving forward.
STATUTE OF LIMITATIONS
Time is always an important consideration if you are thinking about filing a claim for compensation after suffering injuries in an accident. Each state has what they refer to as a statute of limitations. This is a time limit that the state places on your ability to file a legal claim. In the instance of a truck accident, you will be concerned with your state’s limitations on personal injury or wrongful death claims depending on the circumstances of the accident. To determine your state’s statute of limitations for your claim, you can consult an attorney or even do a quick search on the Internet.
Under Colorado law, you have three years from the date of your trucking accident to bring a claim for compensation against the responsible party. Failing to bring a claim within your state’s legally permissible time limit may result in being barred from pursuing a claim.
HOW ZINDA LAW GROUP CAN HELP
Regardless of the circumstances surrounding your claim, it is in your best interest to consult with a Fort Collins attorney. You do not need one, but the world of lawsuits can be complex and burdensome without an experienced attorney in your corner fighting for you. Don’t make it harder on yourself by trying to go through this process alone. Our attorneys at Zinda Law Group have the experience to guide you through the legal process, make recommendations, negotiate with the involved parties, and help advise you on important legal decisions. Having an experienced attorney may improve your chances of being able to seek the maximum compensation you may be entitled to for your injuries. We want to fight for you and make sure you are being treated fairly after being involved in a semi-truck accident.
At Zinda Law Group we believe that quality representation should be available to everyone. That is why we work on a contingency fee basis. That means that unless we secure you appropriate compensation, then you don’t owe us anything. Give us a call today at (800) 863-5312 to discuss your case for free with a Fort Collins truck accident lawyer.
Meetings with attorneys by appointment only.