What Compensation Can I Recover in a Truck Accident Claim?
Common types of recoverable compensation in truck accident claims include:
- Lost income
- Property damage
- Medical expenses
- Pain and suffering
- Loss of earning capacity
- Loss of enjoyment of life
- Treatment and rehabilitation costs
- Permanent scarring or disfigurement
At Justice Now Injury Lawyers, we can assess every avenue for financial recovery to maximize recoverable compensation and advocate for a settlement that covers your current and future care needs.
When Can a Truck Accident Lead to a Lawsuit?
Merely suffering an injury isn’t sufficient to recover compensation in a truck accident lawsuit. To have a valid claim, the following elements must apply:
- The at-fault party (defendant) owed you a duty of care.
- The defendant breached their duty by acting negligently.
- The defendant’s negligence directly caused the accident and resulting losses.
- The victim (plaintiff) suffered actual harm or damages as a result of the breach.
Negligence in truck accidents can take various forms, such as fatigued driving, driving while impaired by drugs or alcohol (DUI), distracted driving, operator error, improper loading techniques, speeding, failing to check mirrors or blind spots, and traffic violations.
If you were wrongfully injured in a collision, every second counts. Our attorney is well versed in these legal nuances to help you file a timely claim, identify liable parties, present clear and convincing evidence of negligence, and meet the burden of proof in your case.
How Long Do I Have to File a Truck Accident Claim?
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). Failure to file within this timeframe can result in the loss of eligibility for damages, making it crucial to have a knowledgeable injury lawyer on your side. We can guide you through the claims process with care and efficiency while protecting your rights at every turn.
Who Is Liable for a Truck Accident?
Truck accidents often involve multiple parties and complex commercial regulations, which can make it tricky to establish liability. We have a deep understanding of these legal intricacies to determine responsible parties and gather evidence to prove liability by a preponderance of the evidence (e.g., that the defendant’s negligence “more likely than not” caused your injuries).
Common liable parties in truck accident claims include:
Truck Driver
The truck operator may be liable if their negligence contributed to the accident, such as driving at excessive speeds or turning too sharply for the load weight.
Truck Company
The truck company may be responsible for damages if it failed to hire qualified drivers, provide adequate training or equipment, or follow safety protocols.
Cargo Loaders
Cargo loaders may be liable if the accident resulted from improperly loaded cargo, such as overloading or inadequate securement.
Maintenance Company
The maintenance company may be responsible if negligent maintenance or repairs contributed to the collision, such as failing to replace old tires or detect steering defects.
My Loved One Was Killed in a Truck Accident on Arapahoe Road. Can I Seek Justice on Their Behalf?
Certain family members may be eligible to file a wrongful death claim after a fatal truck accident. These claims allow surviving families to pursue compensation for losses, such as funeral and burial expenses, lost financial support, and the emotional impact of losing a loved one. However, wrongful death cases follow a shorter statute of limitations than standard truck accident claims.
Most truck accident injuries fall under a three-year deadline, but wrongful death claims must be filed within two years of the date of death, or four years if the fatality resulted from a hit-and-run (C.R.S. § 13-80-102(2)). Missing this window can bar your right to pursue damages, so it’s critical to act promptly.
If you lost someone in a truck accident on Arapahoe Road, you don’t have to navigate this process alone. We can explain your legal options and help you determine the next steps toward accountability and justice. Our goal is to provide compassionate guidance while you focus on healing and honoring your loved one.
I Was Hit by a Negligent Truck Operator on Smoky Hill Road. Can I Recover Exemplary or Punitive Damages?
Exemplary or punitive damages are only available when the truck operator’s actions are especially reckless, intentional, or show a conscious disregard for the safety of others, such as driving under the influence, repeatedly violating safety regulations, or knowingly operating a defective vehicle. We can evaluate whether your case qualifies for exemplary damages, guide you through the legal process, and collect evidence of reckless or intentional misconduct if appropriate to pursue a full settlement.
Importance of Working with a Truck Accident Lawyer
Recovering from a wrongful injury can be painful and overwhelming. Working with a truck accident lawyer can not only alleviate stress during your recovery, but also make a meaningful difference in the outcome of your case.
Below are some invaluable ways that our truck accident attorney can assist you:
- Investigating the accident. We leave no stone unturned in our pursuit of justice and conduct thorough investigations to determine fault, navigate modified comparative negligence laws, and provide compelling evidence of liability.
- Analyzing evidence. We coordinate with qualified experts to support your claim and analyze technical evidence, such as accident reconstruction, tire and axle inspection reports, electronic logging device (ELD) records, and ABS data.
- Maximizing compensation. We can accurately calculate both economic and non-economic losses to maximize available damages and prevent you from settling for less than you deserve.
- Trial readiness. We never hesitate to litigate cases in court if necessary to achieve a favorable outcome. Our attorney is an award-winning trial advocate with proven results and a reputation for holding insurance companies accountable.
Don’t let an act of negligence upend your life. Call (720) 802-1466 to schedule a free consultation with our skilled truck accident lawyer. Se habla español.
