Colorado Truck Accident Lawyer

Commercial vehicle accidents occur often and may be highly dangerous. Commercial trucks, such as tractor-trailers (or cargo trucks), tanker trucks, and dump trucks, carry large loads and are much heavier than other vehicles on the road. When a car is involved in an accident, the vehicle’s sheer size and weight may cause devastating destruction, including permanent injuries, substantial property damage, and even death.

Due to the challenges inherent in determining who is financially liable for accident-related damages and injuries, truck accidents are notoriously problematic. Depending on the circumstances of the occurrence, truck drivers may be held personally responsible for damages, or the trucking company may be held liable.

What Happens if a Truck Driver Has an Accident?

Suppose a truck driver is involved in an accident while on the job. They are not liable for damages unless the driver willfully caused the mishap. Even if a truck driver is at fault, the trucking company is often held accountable. However, there are occasions when a truck driver may be held liable for the injury caused by an accident that they created.

When a trucking accident is mostly the driver’s fault, and considerable losses occur, the driver is likely to lose their job. It is conceivable for the company that owns the vehicle and employs the driver to be held accountable for the driver’s behavior. Following a catastrophic accident, the contract between a contract-based truck driver and the truck owner is likely terminated.

Truck Crash

Determining Fault

State law governs auto insurance claims. Additionally, how negligence is defined in a particular jurisdiction has a considerable influence on how damages are paid and the amount of compensation obtained. Often, a vehicle crash is not entirely the fault of a single driver. An insurance company may assign a percentage of blame to each party involved in an automobile accident based on the circumstances of the occurrence.

As an example, suppose you changed lanes suddenly and were rear-ended by a large truck. If you and your spouse were involved in an automobile accident, you may both have some responsibility. The other driver may be judged accountable for 60% of the collision, while you may be held responsible for 40%. Following a car accident, the amount of compensation you get depends on how negligent you are judged to be.

Colorado is not a no-fault state. If you are harmed in a vehicle accident in Colorado, you have the right to sue the at-fault motorist. You do not have to have catastrophic or long-lasting injuries in a vehicle accident in Colorado to bring a claim against the at-fault driver.

If you are more than 50% or 51% at fault for an accident, you cannot recover expenses from the other driver under Colorado’s modified comparative negligence statute. Even if the other driver was partially at fault for the collision, you would be liable for any medical or repair expenses. If identifying who is at fault in a car accident is unclear, it involves much investigation. In the case of an accident, witnesses or bystanders may be contacted to provide information about what occurred.

When an insurance company becomes involved in an accident, they immediately begin examining the reason or causes of the event. In the case of a multiple-car accident, one or more insurance companies will cover the expenses of medical care and vehicle replacement or repair. It may be challenging to identify who is at fault in an automobile accident if the percentage of culpability is large. Numerous circumstances exist in which more than one driver may be held liable.

A witness can help determine who is at fault when it is unclear. Even if two or more drivers involved in an accident refuse to admit fault, witnesses who are unfamiliar with the drivers may be able to provide valuable information. When two or more drivers collide, the case may be strengthened. Any lawsuit involving a car accident must interview eyewitnesses. Finding out a person’s identity, phone number, and why they believe a particular driver is at fault can help the case.

With vehicle accidents, only evidence and eyewitness testimony can establish fault. If the cause of the accident is unknown, traffic cameras may have captured the event. After reviewing the video, it may be possible to blame the accident more quickly. Visual evidence may also be used. Immediately call the authorities after an accident. Based on the evidence, some drivers may be ticketed or penalized. Bruises, skid marks, and paint on the car can help identify who caused an accident.

Statute of Limitations

According to Colorado Revised Statute 13-80-101(1), you have three years from the date of the automobile accident to file a compensation claim. If you wait longer than this, the courts will likely dismiss your claim. Under specific circumstances, you may postpone bringing a claim to ensure that you get the compensation you deserve for your injuries before the three-year statute of limitations expires.

You must file a claim within three years of the accident date. Colorado’s statute of limitations for car accident claims requires that you initiate the procedure within three years of the date of the accident, regardless of whether you file your claim on the same day or two years and 364 days later. On the other hand, the likelihood of evidence or witnesses disappearing increases with each passing day, making recompense increasingly challenging to get.

For many reasons, an early claim is usually preferred. The sooner you get legal representation, the more evidence you will have to support your claim for damages.

Contact the Law Offices of Pit Martin Today

While vehicle accidents occur in seconds, the damage they cause may last a lifetime. Even though the damage seems to be minor at the time, the effects of an automobile accident may be life-changing. A truck accident lawyer at The Law Offices of Pit Martin can assist you in obtaining the financial compensation you deserve for the pain and suffering you’ve endured as a consequence of another driver’s negligence.

Contact Us