What Causes Truck Accidents?
Truck accidents can occur for a variety of reasons. When a collision results from negligence, the victim may be entitled to seek compensation for their injuries in a truck accident claim. Below are some common causes of truck accidents leading to injury lawsuits:
- Speeding
- Driver fatigue
- Operator error
- Distracted driving
- Unsafe lane changes
- Neglected maintenance
- Improper loading techniques
- Operating a truck under the influence of drugs or alcohol
What Is the Statute of Limitations for Truck Accident Claims in Colorado?
In Colorado, the statute of limitations for truck accident claims is generally three years from the date of the accident (C.R.S. § 13-80-101). However, this only applies to injuries arising out of the use or operation of a motor vehicle and differs from the state’s standard two-year statute for personal injuries (C.R.S. § 13-80-102).
Working with a knowledgeable injury lawyer is essential to filing a timely claim and maintaining eligibility for damages. Our firm can help you navigate the claims process with care and efficiency to prevent costly procedural errors that may delay your case or prohibit you from recovering compensation.
Who Is Liable for a Truck Accident?
Proving liability in a truck accident claim can be complex due to the potential for multiple parties. Our attorney is well versed in these legal nuances to help you identify who is liable and gather evidence to meet the burden of proof.
Common liable parties in truck accident claims include:
Truck Drivers
The truck operator may be responsible if their negligence contributed to the accident, such as failing to check mirrors or driving too fast for the load weight.
Truck Companies
The truck company may be liable if it failed to hire qualified drivers, provide adequate training, or follow safety protocols.
Cargo Loaders
The cargo loaders may be held accountable if overloading or inadequate securement caused the collision.
Maintenance Companies
The maintenance company may be liable if negligent maintenance or repairs contributed to the collision, such as a faulty part or brake failure.
What Damages Are Recoverable in a Truck Accident Claim?
Victims may be entitled to various forms of compensation in a truck accident claim, such as:
- Lost income
- Property damage
- Medical expenses
- Pain and suffering
- Emotional distress
- Lost earning capacity
- Future treatment costs
- Loss of enjoyment of life
- Permanent scarring or disfigurement
The exact damages depend on the severity of the injury, evidence, medical expenses, fault, and other unique factors, making it crucial to seek legal guidance as soon as possible. Our attorney can assess the full extent of your injuries and calculate both direct and indirect losses to maximize available compensation.
How Can I Prove Liability in a Truck Accident Claim?
The plaintiff is responsible for proving liability in a truck accident claim, making it paramount to have a trusted lawyer on your side. We can meticulously investigate the accident and help you demonstrate the necessary elements to meet the burden of proof. These include:
- Duty of care. The defendant owed you a duty of care, such as operating the truck safely and checking blind spots before turning.
- Breach of duty. The defendant breached their duty by acting negligently, such as driving while fatigued.
- Causation. The defendant’s negligence directly caused the accident and resulting injuries.
- Damages. You suffered actual harm (“damages”) as a result of the breach.
Can I Recover Compensation if I Was Partially at Fault for a Truck Accident on Gun Club Road?
Even if you are partially at fault for a truck accident on Gun Club Road, you may still be eligible to recover compensation as long as your share of the fault is less than 50%. This is known as the modified comparative fault rule.
However, any compensation awarded will be reduced accordingly. For example, if you are found to be 20% at fault for a truck accident totaling $50,000 in damages, you may only be entitled to recover $40,000 ($10,000 less than the original claim value).
Unfortunately, insurance companies will often place undue blame on victims to reduce or minimize payouts. We can protect your rights and calculate both economic and non-economic damages to pursue the maximum settlement available to you.
I Was Hit by a Truck Near The Gardens on Havana. Should I Accept the Insurance Company’s First Offer?
No. Insurance companies often push lowball settlements in an effort to delay, reduce, or avoid payouts altogether. If you were harmed in a truck accident near The Gardens on Havana, we highly recommend contacting our attorney for a free consultation before accepting any settlement offer. We can review the details of your case, evaluate the full extent of your injuries and damages, and negotiate with the insurance company on your behalf to pursue a settlement that reflects the true impact of your accident.
How Can a Truck Accident Lawyer Help Me?
Securing legal representation is critical to recovering compensation in a truck accident claim, especially while recovering from a serious injury. Our firm provides invaluable guidance and support so you can focus on healing during this challenging time. Below are some important reasons to partner with our truck accident attorney:
- Legal guidance. We provide personalized guidance to help you navigate the claims process and keep your case on track.
- Building a case. We can help you gather strong evidence to support your claim, establish liability, and meet the burden of proof.
- Maximizing damages. We can assess every avenue for financial recovery to pursue a comprehensive settlement that covers your current and future care needs.
- Negotiating a fair settlement. Insurance companies have a reputation for evading just payouts. We can prevent you from settling for less than you deserve.
- Trial readiness. We prepare every case for trial and never shy away from litigation if necessary to pursue the best possible outcome in your case.
Don’t leave your future to chance after a wrongful injury. Call (720) 802-1466 to schedule a free consultation with our skilled injury lawyer. Se habla español.
