Causes of Truck Accidents in Colorado
There are several different factors that can cause truck accidents. Sometimes, truck crashes occur because of mistakes on behalf of passenger vehicle drivers.
Oftentimes, truck accidents may occur as the result of negligence on behalf of the truck driver or even the trucking company.
Some common causes of truck accidents in Colorado include:
- improper cargo loading
- aggressive driving
- brake problems
- alcohol and drug use
- driver error
- bad weather/road conditions
- congestion/traffic flow issues
Types of Colorado Truck Accidents
Semi-trucks are huge commercial vehicles that can cause catastrophic injuries when they collide with other, smaller motor vehicles.
Because tractor-trailers are so large, they are involved in many unique types of accidents, including:
- Rollover accidents: These occur when a truck overturns, either onto its side or when it completely flips over.
- Jackknife accidents: When the rear trailer portion of a big rig swings too far toward the front cab, the vehicle is left incapacitated. This is referred to as “jackknifing”.
- Underride accidents: Because big rigs have so much ground clearance, smaller vehicles often crash into the underside of a truck, usually in the rear or on the side. These crashes can result in fatalities and serious injuries.
- Cargo spill accidents: When the cargo a truck is carrying is not secured properly, it can spill into the roadway.
- Runaway truck accidents: Runaway trucks are big rigs that lose control of their brakes when traveling downhill.
- Squeeze-play accidents: This common type of truck accident happens when a big rig swings left before turning right, leaving room for cars to merge on the right before “squeezing” them when turning.
- Override truck accidents: These occur when a big rig runs over a smaller vehicle, often ending up on top of them.
Difference Between Fault and Liability in Colorado Truck Accidents
As you dive into the world of personal injury lawsuits, two terms that will come up a lot are ‘fault’ and ‘liability’. You must understand the differences and similarities between these two terms in order to understand how truck accident lawsuits work.
Fault simply means the party that causes a truck or car accident to occur. A truck driver could be at fault, as could the driver of a smaller vehicle. Even a city or state could be at fault for improperly maintaining a roadway which leads to a crash.
Liability, on the other hand, refers to the party who is responsible for paying damages to the victims of an accident.
Colorado is an at-fault state, meaning victims of accidents can seek compensation from the at-fault driver’s insurance company.
A personal injury attorney can help you determine who was at fault in a truck accident and who should be liable for any damages such as injuries or property damage.
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Who Is Liable in a Semi-Truck Accident?
Determining liability in an accident involving a large commercial truck is not always straightforward.
During a case evaluation, personal injury lawyers will use their expertise to sort through all the information pertaining to an accident and determine who is liable.
The most likely parties to be held liable in a truck accident case are:
- Truck driver: If truckers are working as independent contractors and they are at fault in an accident, they might be held liable for damages.
- Trucking company: The trucking company could be liable for an accident if a driver employed by them caused an accident, or if a truck was improperly maintained or loaded.
- Insurance company: Trucking companies and even independent drivers often have insurance that will pay for damages.
What Is Negligence and How Does it Affect Truck Accident Claims?
All personal injury lawsuits must establish negligence in order to seek compensation from a liable party.
Negligence means that a party has violated their ‘duty of care’, meaning they did something that they knew or should have known would put others in danger.
In a truck accident case, your lawyer will use their years of experience to establish that negligence not only led to the accident but also resulted in injuries and other damages.
What Injuries Are Common in Colorado Truck Accidents?
Accidents involving big rigs and smaller vehicles are known for causing a variety of serious injuries, including fatalities in the most severe cases.
The following injuries can occur during truck accidents:
- Cuts and lacerations
- Bone fractures
- Disfigurement
- Dismemberment
- Organ damage
- Internal bleeding
- Traumatic brain injuries and other head injuries
- Spinal cord injuries and paralysis
- Fatality
What Damages Can You Claim in a Truck Accident Personal Injury Case?
When you are injured in any auto accident, it can impact your life in a variety of ways. To be fairly compensated for your injuries and any problems that result, you need to understand the types of damages you could be eligible for.
All of the following are common damages in truck accident cases:
- Medical expenses: All medical care related to your injury can be claimed. This includes medical treatment you have already received, as well as projected costs for future care.
- Wrongful death: If your loved one has died as a result of truck accident injuries, you could be eligible to receive wrongful death damages.
- Lost wages: If you are unable to work due to your injuries, your settlement should include any lost wages and any projected lost wages.
- Pain and suffering: These damages can be any effects, whether physical, emotional, mental, or otherwise, that occur as a result of the crash, your injuries, and any trauma you have encountered.
A lawyer can help truck accident victims get fair compensation for any pain and suffering caused by the accident.
Truck Accident Rates in Colorado
Truck accidents are particularly dangerous, especially for the drivers of smaller vehicles involved in the crash.
Check out these statistics pertaining to truck accidents on a national level in 2019:
- More than 5,000 people died in truck accidents in 2019.
- 71% of the people who died were in smaller vehicles.
- 77% of fatal commercial truck accidents occurred on weekdays.
- 150,000 people were injured in truck accidents in 2019.
Because crashes involving big rigs are so dangerous, truck accident cases and personal injury lawsuits are common in the state of Colorado.
What Steps Should You Take After a Colorado Truck Accident?
After a truck accident in Colorado, the first thing you should do is call 9-1-1. If anyone is hurt, notify the dispatcher, and let them know if any obvious dangers are present such as leaking fluids or objects in the roadway.
When officers and medics arrive at the scene, they will assist you with any injuries you may have. If your injuries are not severe, they may ask you to file a police report. It is important to not refuse medical attention, and to give police a detailed report about what happened during the crash.
If you are able to, it can help to take photographs of the accident scene and talk to any witnesses that may be present.
The last step is to hire a truck accident attorney. If you are in the Denver area, a Denver truck accident attorney can give you legal representation and help to make sure that you receive a fair settlement for any damages related to the accident.
How Do Truck Accident Personal Injury Claims Work?
Most law firms with experienced personal injury lawyers will offer a free consultation to talk about your truck accident claim.
During this consultation, lawyers will review your case and help you determine whether negligence was at play and whether filing a personal injury claim is the right thing to do.
Supposing you do move forward with your claim, your legal team will help you gather all documents and evidence related to your case. Next, they will file a lawsuit with the party that has been deemed as liable in the accident.
Your lawyers will consider all damages, including medical bills, pain and suffering, and any other related information when filing your claim.
Usually, personal injury claims such as truck accident cases will settle out of court. This means that the liable party, you, and your attorneys will agree on a compensation amount without the need for a judge or other assistance from the court.
In the rare case that a settlement cannot be agreed upon, you will be glad to have experienced attorneys who can present your claim in a strong manner in court to help you get a fair settlement.
The Benefits of Working with a Lawyer for Your Truck Accident Claim
You are never required to hire a lawyer for a personal injury claim, but there is a good reason why most people who file such a claim do work with attorneys.
The bottom line is that the expertise of your attorneys will help you to receive maximum compensation for any damages you are owed related to an accident.
In the case of a truck accident, your lawyers will assess your claim, handle all communication related to your case, work to clearly establish how negligence played a role in your accident and damages, and make a strong case for you to receive fair compensation for the incident.
If your case goes to court, your lawyers will use their years of experience to argue your case and give you the best chance at a fair settlement.
List of Top-Rated Colorado Truck Accident Lawyers Near You
Anyone who has been involved in a truck accident in Colorado, whether in Denver, Colorado Springs, or elsewhere, should reach out to an attorney for a free case evaluation. Florin|Roebig offers free case assessments for people in Colorado who have been in a truck accident and think they might be eligible for a personal injury claim.
Florin|Roebig is known as one of the top law firms in Colorado, with a recent selection to U.S. News & World Report’s “Best Law Firms”, and recognition by Best Lawyers.
Experienced attorneys await your case at Florin|Roebig. Our team includes several top personal injury lawyers, including:
- Parker Y. Florin, LL.M.
- Wil H. Florin, B.C.S.
- Chase P. Florin, B.C.S.
- Tommy D. Roebig, B.C.S.
- John J. Hart
- Nollys R. Solarte, O.C.
- Taylor D. Roebig
- Andrew M. Leone, O.C.
- Lawrence J. Najem, O.C.
Our team of lawyers has worked to win our clients over $1 billion in settlements for personal injury cases like yours. We do everything we can to help our clients receive a fair settlement.
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Get in Touch With a Qualified Colorado Truck Accident Attorney Today
After a truck accident in Colorado, it can be overwhelming to figure out what steps to take next, especially if you are injured.
Take some of the pressure off your hands by reaching out to Florin | Roebig for a free case evaluation. Our attorneys will assess your case and let you know whether filing a personal injury claim is the right thing to do.
To learn more about the services we offer or schedule your free case evaluation, reach out to Florin|Roebig’s offices today.