When Can Negligence Lead to Truck Accidents?
Common causes of truck accidents resulting from negligence include:
- Driver fatigue. Truck operators often work long hours and overnight shifts, which can lead to fatigue and delayed reaction times.
- Distracted driving. Driving a truck while eating, texting, talking on the phone, or engaging in other distractions can increase the likelihood of a collision.
- Speeding. Operating a truck at excessive speeds makes it harder to control the vehicle during sharp turns or emergency maneuvers.
- Improper loading. Cargo that is unevenly distributed, overloaded, or unsecured can shift during transit and affect the truck driver’s control and stability.
- Improper turning or lane changes. Misjudging space, blind spots, or clearance can cause collisions with other vehicles.
- Failure to obey traffic laws. Running red lights, ignoring stop signs, and disregarding posted speed limits can all contribute to truck crashes.
How Long Do I Have to File a Truck Accident Claim?
In Colorado, the statute of limitations for truck accident claims is three years from the date of the accident (C.R.S. § 13-80-101). However, this only applies to injuries arising from the use or operation of a motor vehicle.
If the accident results in a wrongful death, this timeframe is reduced to two years unless the fatality is caused by a hit-and-run, which extends the statute to four years (C.R.S. § 13-80-102, C.R.S. § 13-80-102(2)).
Failure to file within the correct statute can result in the loss of eligibility for damages, so timely action is critical. Our firm can analyze the details of your case, help you file a timely claim within the appropriate deadline, and represent your best interests throughout every stage of the process.
What Compensation Is Recoverable in a Truck Accident Claim?
There are two primary types of compensation available in a truck accident claim: economic damages and non-economic damages.
Economic damages cover direct financial losses, such as medical bills, hospital stays, future treatment costs, rehabilitation expenses, lost income, loss of earning capacity, and property damage.
Non-economic damages cover indirect losses, such as pain and suffering, loss of enjoyment of life, loss of consortium or companionship, permanent scarring or disfigurement, and psychological trauma.
At Justice Now Injury Lawyers, we can accurately calculate all available damages and advocate for a settlement that fully reflects your injuries and losses.
Who Is Liable for a Truck Accident?
Some potentially liable parties in a truck accident claim include:
- The truck driver may be liable if their negligence contributed to the crash, such as failing to check mirrors before changing lanes or driving while drowsy.
- The truck company may be responsible for the accident if it failed to hire qualified drivers, provide adequate training, or obey safety regulations.
- The maintenance crew may be liable if the collision was caused by negligent maintenance or repairs, such as failing to properly inspect or repair brakes.
- The cargo loaders may be held accountable for the crash if it resulted from improper loading techniques, such as overloading or inadequate securement.
Truck accidents often involve multiple parties, strict state and federal regulations, commercial operations, and catastrophic injuries that make determining fault more complicated than a typical car crash. Our attorney is well versed in these legal intricacies to help you identify responsible parties and gather evidence to meet the burden of proof in your case.
I Was Hit by a Drunk Truck Operator on the Lariat Loop. Is It Possible to Recover Punitive or Exemplary Damages?
In Colorado, exemplary or punitive damages are only available when the defendant’s conduct is particularly egregious, reckless, or shows a conscious disregard for the safety of others. Some examples include knowingly violating safety regulations, repeatedly ignoring hours-of-service rules, driving under the influence, or willfully neglecting vehicle maintenance.
Unlike economic and non-economic damages that directly compensate the victim for losses, exemplary damages are solely awarded to punish the wrongdoer and deter similar behavior. Establishing eligibility requires clear evidence of reckless or intentional misconduct and a thorough investigation of driver behavior, company policies, and regulatory compliance.
If you were hit by a drunk truck driver on the Lariat Loop, we can help you pursue maximum compensation by evaluating the potential for exemplary damages, investigating the driver’s reckless conduct, gathering evidence of egregious behavior, and building a case that demonstrates a conscious disregard for safety.
I Was Injured in a Wide-Turn Accident Near Lookout Mountain Park. Can I Recover Compensation Even if the Truck Had a Wide-Turn Warning Sign?
Yes. If you were injured in a wide-turn accident near Lookout Mountain Park, you may still be entitled to compensation even if the truck displayed a warning sign. A wide-turn advisory does not automatically absolve the driver or trucking company from liability.
If the operator failed to check blind spots or mirrors before turning, did not signal properly, or turned too quickly or sharply for the current load or traffic conditions, they may be held accountable for your injuries. We can review the accident details and collect evidence to establish liability by a preponderance of the evidence.
Do I Need to Hire a Truck Accident Lawyer?
Truck accidents can be devastating and costly. Having a knowledgeable attorney on your side can mean the difference between recovering a full settlement and walking away with less than you deserve, especially while recovering from a serious injury.
Below are some invaluable ways that Justice Now Injury Lawyers can assist you:
- Investigating the accident. Our firm leaves no stone unturned in our pursuit of justice. We can carefully investigate the accident to identify responsible parties, determine fault under Colorado’s modified comparative negligence rule, and provide clear, convincing evidence of liability.
- Analyzing technical evidence. Evidence in truck accidents is often more complex and technical than standard car accidents. We can analyze driver logs, black box data, GPS tracking, vehicle maintenance records, and surveillance or dashcam footage to present a compelling case.
- Leveraging expert resources. Reconstructing truck accidents requires analyzing speed, stopping distance, braking patterns, and vehicle dynamics. We coordinate with a vast professional network of qualified experts, engineers, and accident reconstruction specialists to support your claim.
- Maximizing compensation. Insurance companies often push lowball offers and take advantage of victims by evading or minimizing fair payouts. We can advocate for a comprehensive settlement that covers your current and future care needs to prevent you from settling for less than you deserve.
- Trial representation. If a just settlement cannot be reached, we are fully prepared to represent you in litigation. We prepare every case for trial and never hesitate to stand up to greedy insurers and powerful corporations if necessary to achieve a favorable outcome.
Seeking justice after a wrongful injury can be overwhelming, but you don’t have to fight alone. Contact us online to discuss your case. Se habla español.
