Semi-truck accidents leave thousands of victims seriously injured across America every year. 18-wheeler accidents can be particularly devastating for the victims’ lives due to their substantial size compared to a standard car.
Unfortunately, passenger vehicles and their occupants often pay the price for truck drivers’ negligence in these accidents, from whiplash and serious spinal cord injuries to even fatalities. That’s why talking to a Denver truck accident lawyer after an accident is important.
Recovering a fair amount of compensation in these cases can be complex. If you’ve been involved in a truck, semi-truck, or 18-wheeler accident and sustained injuries, seeking assistance from a seasoned truck accident lawyer is crucial. A truck injury attorney can help you determine the liable parties, collect evidence, and negotiate with the insurance companies to ensure you get a fair settlement.
Call Zinda Law Group today to receive your free consultation with a Denver personal injury lawyer. Our truck accident lawyers can help you find out if you have a solid case and to develop a plan of action moving forward. Remember that you will pay nothing unless we win your semi-truck accident case.
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What to Do After an 18-Wheeler or Truck Accident in Denver
Experiencing a truck accident can be a traumatic event. The victims may feel confused and wonder what to do after a truck accident. Ahead, we present some recommendations from our experienced trucking accident lawyers.
Seek Medical Attention
Trucking accidents can lead to serious injuries. Such as broken bones, cuts, bruises, permanent or temporary paralysis, and even death. The number one priority after a trucking accident is to seek medical attention, even if you believe that you have not been injured,
Calling for paramedics or going to the hospital can help your recovery process but may also reveal a latent injury. This is important because many victims of trucking accidents skip medical attention thinking they are not currently injured. Some injuries sustained in a motor vehicle accident may take months to manifest, so looking for appropriate medical attention can increase your chances of recovering as quickly as possible.
Report the Accident
After medical attention, the next step is to report the accident to the authorities. An official police report can be created after an accident, which can then be used by your accident lawyer to establish your case against the responsible party.
When filling out the report, try to include all the details you can remember, such as dates, location, and any important aspects of the accident, such as the way the collision occurred, your injuries, and the damages to your car as a result of the crash. Refrain from admitting liability or accepting any blame for the accident that may be used against you to diminish or eliminate your claim.
Document the Accident
After an accident, gathering evidence is crucial to building a strong foundation for your claim. It is important to collect essential information, in addition to the police report, to create a comprehensive file.
- Start by obtaining the truck driver’s name, the trucking company’s name, and contact details of any witnesses present at the scene. Relying solely on the police report may not provide all the necessary information.
- Take photographs of the accident scene, vehicle damage, injuries, and any other relevant aspects. These visual records can be invaluable later on when gathering evidence becomes challenging.
Compiling such a file can significantly bolster the value of your claim, increasing the likelihood of receiving fair and just compensation for your injuries and damages. Collecting evidence proactively strengthens your position in seeking the financial recovery you deserve.
Contact a Denver Truck Accident Lawyer
It is important to speak with a truck accident lawyer after an accident. They will carefully examine the details of your case and create a legal plan to ensure that you receive fair compensation. This involves investigating, collecting evidence, and talking to witnesses.
Your lawyer will also work to protect your rights by advocating against insurance companies who may try to undervalue your claim. Rather than relying on the trucking company’s insurance provider, contacting one of our Denver truck accident attorneys is wise. They can help you understand your rights and what kind of compensation you may be entitled to.
AWARDED TO JOHN C. (JACK) ZINDA BY THE NATIONAL TRIAL LAWYERS ASSOCIATION (2016-2020)
AWARDED TO JOHN C. (JACK) ZINDA (2009, 2011-2012, 2014-2021), JOE CAPUTO (2019-2021), BURGESS WILLIAMS (2019-2020), & NEIL SOLOMON (2020-2021)
AWARDED TO JACK ZINDA (2016-2020), JOE CAPUTO (2016 – 2020) & BURGESS WILLIAMS (2016-2017)
LIFETIME MEMBERS JOHN C. (JACK) ZINDA & JOE CAPUTO
For a free legal consultation with a truck accidents lawyer serving Denver, call 800-863-5312
Common Injuries in Denver Trucking Accidents
Commercial truck accidents can cause many types of injuries, some with severe consequences for the victims. The most common injuries our experienced truck accident lawyers handle are:
- Internal injuries. Internal organ damage is common in victims of truck crashes.
- Traumatic brain injury. Catastrophic injuries, such as a traumatic brain injury (TBI), can be devastating for the victims and their finances.
- Spinal cord injury. A spinal cord injury is one of the most severe injuries arising from a truck accident lawsuit.
- Bone fractures. Since trucks and semi-trucks are big and heavy, they can cause injuries such as broken bones in the victims.
- Psychological injuries. Truck collisions can cause psychological injuries such as mental anguish, emotional distress, and even develop post-traumatic stress disorder.
- Fatal injuries. Unfortunately, many truck accident victims experience Wrongful death as a consequence of the accident. In those cases, close relatives may be entitled to pursue damages.
These are only a few of the most common injuries we see. Even if your injury does not appear on the list, you should talk to an experienced attorney since you may be entitled to damages still.
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Filing a Trucking Accident Claim in Denver
Contact a Denver Truck Accident Lawyer
Professional Legal Assistance may be crucial in the aftermath of a truck accident. An attorney will take proactive steps to build a solid case on your behalf, such as conducting investigations, gathering evidence, and interviewing witnesses. By reaching out to your attorney, you can ensure that they will thoroughly review any details of your case and formulate a strong legal strategy to pursue the fair compensation you deserve.
Your Denver truck accident lawyer will advocate for your rights and negotiate with insurance companies, preventing them from undervaluing your claim. Beware of the trucking company’s insurance provider, as their priority is to save money. You can consult with a truck accident attorney to protect your right to a legal claim and fight for your rightful compensation.
Gathering evidence is often the most challenging and time-consuming aspect of an 18-wheeler accident, but your lawyer has valuable resources to aid in this process. For instance, many semi-trucks have a “black box,” which captures essential data and serves as key evidence. Your legal representative can also contact you with accident reconstruction specialists, police officers, and witnesses that may be necessary to demonstrate your case.
Remember that proving injuries and damages may require the expertise of medical staff, rehabilitation experts, and other relevant professionals. A Denver truck accident attorney from Zinda Law Group can use their legal knowledge to collect evidence and pursue the best possible outcome for your case. Contact our team today to ensure your rights are protected.
Your attorney will conduct a comprehensive investigation to strengthen your case. That includes interviewing the responsible party and witnesses, reviewing important documents, and developing an effective legal strategy.
They will also assess your damages, counting medical expenses, lost wages, and property damage, among others, to build a solid foundation for your case and ensure you have the best chance of securing the compensation you deserve. Trust in their expertise and commitment to advocating for your interests.
Once the investigation concludes, you may enter into a settlement process with the liable parties or their insurance. Your attorney will negotiate, representing your interests and striving to secure a settlement that reflects the full value of your claim.
Litigation may become necessary if the insurance company is unwilling to offer fair compensation. In those cases, your attorney can guide you through the legal process to make sure that your case is presented correctly in court so you can pursue the compensation you deserve.
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Establishing Fault in Denver Truck Accidents
Under Colorado law, you can pursue damages even if you are partially at fault for the accident. A driver can be liable for a trucking accident due to their actions or failure to act, whether intentional or negligent. Negligent behavior includes driving under the influence, disrespecting transit laws, improper truck loading or maintenance, and distracted driving.
Truck drivers are often responsible for these accidents, but it’s important to note that other parties can also be legally liable for your injuries and damages. Your lawyer will investigate the accident to identify all potentially liable parties, such as the trucking company, maintenance providers, or manufacturers.
These are some of the commonly liable parties for a truck accident:
- Truck Driver. Truck drivers can be accountable for accidents when their actions show negligence or intentional misconduct. Negligent behaviors encompass a range of actions that are considered unsafe driving, such as speeding, failing to yield, disregarding traffic laws, or driving while fatigued. Distracted driving is another form of negligence that poses significant risks on the road.
- Trucking Company. Trucking companies can also face liability, as they have a duty to ensure the safety of their drivers and vehicles. For instance, when the trucking company fails to train drivers properly, it can result in inexperienced or unqualified drivers being on the road.
- Manufacturer. Under some circumstances, manufacturers of vehicles and components can be liable for trucking accidents. When a manufacturer supplies a trucking company with a defective piece of equipment that contributed to an accident, they may bear responsibility for damages.
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Proving Truck Driver Negligence After a Truck Wreck in Denver
To succeed in a negligence lawsuit, a plaintiff must establish four essential elements to prove their case:
- The defendant owed a duty of care
- The defendant breached their duty of care
- The plaintiff suffered damages
- The defendant’s negligence resulted in damages to the plaintiff.
One crucial aspect of trucking accidents is establishing the duty element, which involves demonstrating that the driver or trucking company is responsible for operating and maintaining their vehicles safely. Various regulations and legislation often support this duty.
However, establishing damages can be more straightforward since photographs and medical bills demonstrate that the plaintiff suffered damages and losses.
Still, proving negligence or breach of duty may present challenges. In some cases, for instance, negligence can be established through evidence, such as demonstrating that the driver was intoxicated or ran a red light. However, many situations are not as easy and require an extensive investigation.
Witness statements can also play a crucial role in corroborating the events and providing additional information about the accident. Eyewitnesses of the driver’s behavior can provide valuable testimony to support a negligence claim. Expert witnesses with specialized knowledge may be consulted in complex cases to analyze the evidence, reconstruct the accident, and offer their professional opinion.
By conducting a comprehensive investigation and gathering relevant evidence, your Denver truck accident attorney can build a strong case and demonstrate that the driver or trucking company’s negligent act or omission was a factor in causing the accident.
This will help establish a compelling argument in your favor and increase the chances of recovering a fair compensatory amount.
While every trucking accident is unique, and the evidence may vary depending on the circumstances, consulting an experienced truck accident attorney is crucial to navigating the legal complexities, identifying the necessary evidence, and building a solid case tailored to the specific details of the accident.
Common Causes of Truck Accidents in Denver
Alcohol is involved in many traffic accidents, but it is relatively uncommon as a cause of 18-wheeler accidents. Truckers face severe consequences, including the potential revocation of their commercial driver’s license if caught driving under the influence.
On the other hand, distracted driving is far more prevalent in these accidents. Distractions while driving can include cell phone use, particularly texting, and activities like adjusting the radio, checking GPS navigation, or any action that diverts the driver’s attention away from the road.
These distractions compromise a driver’s visual and cognitive skills, impairing their ability to respond under pressure. Despite awareness campaigns and legal restrictions, some truck drivers succumb to the temptation of using their cell phones while operating their vehicles, jeopardizing safety.
Driver fatigue poses a significant challenge for truck drivers, despite the regulations preventing drivers from exceeding safe hour limits on their service. Fatigue can impact a driver’s judgment and cause extremely risky situations, such as neglecting to turn on headlights during nighttime driving, running red lights, and making unsafe lane changes, among many others.
It is necessary to raise awareness about the dangers of fatigue among truck drivers and promote responsible work schedules. Regular breaks and encouraging drivers to report fatigue-related concerns are crucial steps in mitigating the risks. Additionally, technology advancements, such as fatigue detection systems and electronic logging devices, can aid in monitoring and managing driver fatigue effectively.
When a vehicle malfunction contributes to an accident, determining the truck driver’s liability can vary. For instance, if the driver fails to react to a tire blowout-induced accident due to intoxication, fatigue, or lack of reasonable response, they may be responsible for the accident. But the trucking company and/or mechanic can share liability, complicating an 18-wheeler truck accident case.
If the vehicle malfunction played a substantial role in the accident, it might be possible to file a claim against the manufacturer or seller, such as the tire manufacturer or the truck dealer.
However, taking legal action against these entities can be challenging in many ways due to their legal departments. Looking for an experienced legal counsel’s assistance is essential to determine your claim’s viability.
Navigating the complexities of shared liability and pursuing legal action against multiple defendants or product manufacturers/sellers often demands the knowledge of a seasoned attorney. They can help evaluate the evidence, assess the potential for success, and guide you through negotiation or litigation to seek fair compensation for your truck accident case.
Lack of Training or Maintenance
Trucking companies can be responsible for causing an accident, particularly when inadequate training and failure to maintain the truck are key factors for a trucking accident.
In those situations, the trucking company can be considered negligent for not exercising reasonable care in providing training or ensuring their vehicle’s safety.
Unsafe Driving/Road Rage
Truck drivers have incentives to adhere to impeccable driving practices. Still, the reality is that they all can engage in unsafe behaviors, such as speeding, failure to use turn signals, running stop signs, and other hazardous driving practices.
It is also important to notice that truck drivers spend long hours on the road, which can result in frustration when dealing with heavy traffic or reckless drivers. That frustration may escalate into road rage.
Collecting Compensation for a Denver Trucking Accident
A serious semi-truck accident can result in significant damage that can reach a high sum depending on how extensive the victim’s losses are after an accident.
The term “damages” refers to the various losses; in a trucking accident, damages for the victim are categorized into economic and non-economic damages, which cover financial and non-financial losses.
Economic damages in trucking accident cases cover quantifiable losses. These damages consist of several components, such as:
- Medical bills. Medical bills cover things like hospital stays, doctor appointments, medications, rehabilitation, and physical therapy expenses.
- Lost income (present and future). Lost income covers the victim’s loss of wages due to the injury, and it may also include loss of future earnings when injuries leave long-term consequences.
- Property damage. Property damage refers to the harm caused to the victim’s vehicle and personal belongings. These different categories of damages aim to address the financial and personal impact suffered by the victim as a result of the accident.
Non-economic damages refer to intangible losses that can be evaluated subjectively by a judge or jury. Including all current and future damages is crucial, as you won’t be able to seek additional compensation later. Various types of non-economic damages include:
- Emotional distress
- Pain and suffering
- Loss of consortium
Punitive damages represent a different category of compensation that aims to punish the responsible party rather than compensate the victims.
However, those damages are only granted when the at-fault party’s behavior is considered highly reckless or intentional. For instance, punitive damages may be awarded to the surviving family in wrongful death cases.
Statute of Limitations in Colorado
A “statute of limitations” is the legal time restriction people have to present a lawsuit. That is important information because failure to file a claim within the appropriate time can mean losing your right to compensation for good.
In Colorado, truck accidents are subject to a three-year statute of limitations. This means you must file a legal claim against the at-fault party within three years from the date of the accident.
In cases of wrongful death, the surviving family members have a two-year period to sue, which begins from the date of the person’s death.
When a child gets injured, the statute of limitations is “tolled” or extended until the child reaches the age of eighteen. They then have three years from that date to file a lawsuit. It is highly recommended that you seek the assistance of a Denver truck accident attorney as soon as possible to collect crucial evidence and avoid common mistakes that could harm your case.
Common Types of Denver Truck Accident Claims
Trucking accidents include a wide range of incidents beyond rear-end collisions or sideswipes, and the claims arising from these accidents can take various forms.
These are some examples of the most frequent truck accident claims:
Truck drivers can face significant challenges because of a truck’s blind spots. Unfortunately, drivers often fail to detect vehicles passing in these blind spots, causing collisions between the truck and the passing vehicles. Such incidents can escalate into multi-car accidents with severe consequences.
Jackknifing accidents can be dangerous, and they often happen when a truck driver brakes unexpectedly and causes the trailer to slide or skid sideways, forming a sharp 90-degree angle with the truck’s cab. This swinging trailer can present a significant risk for other vehicles and cause severe accidents.
If a truck driver loses control of their vehicle due to a sudden stop or abrupt maneuver, the truck can tip over onto its side and slide into the surrounding traffic. Such rollover accidents can substantially damage nearby vehicles and pose a significant threat to the safety of other motorists on the road.
Truck drivers may rear-end another vehicle when they fail to maintain a safe following distance. Large trucks’ sheer weight and size can escalate the impact and severity of such accidents. Unlike minor collisions between non-commercial vehicles, a rear-end trucking accident can cause significant damage, potentially resulting in a totaled vehicle.
Wide turn accidents primarily occur when a truck driver is maneuvering to make a right-hand turn. The driver often swings the truck to the left to optimize the turning angle. Unfortunately, this action can lead to an unintended collision with a vehicle on the left side that may not anticipate the truck’s movement.
Lost Load Accidents
Lost load accidents occur when the cargo on a truck is inadequately loaded or improperly secured. Such negligent actions can result in objects becoming airborne from the truck’s cargo bed, posing significant risks to nearby motorists.
Head-On Collisions/T-Bone Collisions
Head-on and T-Bone collisions involving a truck and a regular car are frequent occurrences that can have devastating and potentially lethal outcomes.
Get Help from a Denver Truck Injury Attorney Today
At Zinda Law Group, our dedicated team of Colorado trucking accident lawyers is committed to fighting for your rights and pursuing the maximum compensation for your injuries.
We understand the severity of semi-truck accidents and the financial burdens they can impose, including costly medical bills, lost wages, and immense pain and suffering. Let our Denver truck lawyers safeguard your interests and ensure you receive the justice you deserve.
With our attorneys ready to assist you, you can focus on your recovery while we handle your semi-truck injury case. Call us today for a no-obligation consultation with one of our seasoned 18-wheeler injury lawyers. Your journey to justice starts here.