If you or a loved one has been in a motor vehicle accident in Denver involving a big rig, you might be eligible to receive financial compensation from the liable parties.
Florin|Roebig is one of the nation’s premier personal injury law firms, with four decades of experience in helping truck accident victims, and multiple $1 million verdicts and case outcomes.
Colorado law states that people who sustain truck accident injuries can seek fair compensation from the liable parties if negligence caused the accident and injuries.
An experienced Colorado truck accident lawyer like ours at Florin|Roebig can help you get a fair settlement for your losses. In personal injury cases, people with legal representation get higher settlements, on average, than those without representation.
Keep reading to learn all about truck accidents in the Denver, Colorado area and how personal injury claims work.
Steps to Take After a Truck Accident in Denver, CO
If you have been in an accident with a big rig in the Denver area, there are certain steps you should take.
Some recommended steps to take immediately after a commercial truck accident are:
- Accept medical treatment: If medical treatment or examination is suggested following a commercial vehicle crash, it’s important that you do not reject it. Even if you feel that you are uninjured, following recommendations from first responders is always a good idea.
- File a police report: Once you are out of harm’s way and able to do so, filing a police report is critical. The report will include factual information that can help you if you file a personal injury claim later.
- Connect with a lawyer: Even if your injuries are minor or you aren’t sure about filing a personal injury claim, it is a good idea to connect with an experienced personal injury attorney. They can give you a free consultation and tell you whether filing a claim is the right thing to do.
What Should You Expect From a Truck Accident Personal Injury Claim in Denver?
Most people find that the personal injury claim process is much simpler than they expected.
If you’ve been injured in an accident with a tractor-trailer, a lawyer can help you determine whether you have a strong case for receiving a settlement offer from the liable party.
You will begin the process with an initial consultation, where your lawyers will review documents related to your accident and determine if you have a case.
Next, your lawyer will help you file a personal injury claim against the liable party. The claim will demand compensation for losses you have suffered due to your injuries.
After that, your lawyer and the liable party will engage in negotiations, exchanging settlement offers until a favorable amount is reached.
In the rare case that a settlement cannot be agreed upon, you have the option to file a personal injury lawsuit, which will move the claim to court. Here, your lawyers will demonstrate to a judge how negligence led to your injuries and why you should receive compensation.
Determining Fault and Liability in Colorado Truck Accidents
Two terms you will hear throughout the claims process are ‘fault’ and ‘liability’. Knowing the difference between these two concepts is critical.
Fault
Fault refers to the party who caused an accident to occur. Truck drivers, drivers of passenger vehicles, or even the state or municipality can be placed at-fault in an accident.
But, just because a party was at fault does not mean they are going to be held liable for damages sought in a personal injury claim.
Liability
The liable party is the party who is legally responsible for paying damages to the claimant in a personal injury claim. In Colorado, the at-fault party in an accident is liable for paying damages.
However, in some cases, the at-fault party is someone other than the driver.
Possible liable parties in truck accidents include:
- Trucking company: If a truck driver who is employed by a trucking company is at fault in an accident while on the job, the company could be held liable. Trucking companies have a legal responsibility to train truckers to operate the big rig safely.
- Insurance company: More often than not, a trucker’s insurance company will be liable for paying damages.
- Truck driver: Sometimes, at-fault truck drivers are operating as self-employed drivers or independent contractors. They might not have insurance or their liability coverage might be too low to cover damages from an accident. In these cases, the truck driver might be held liable for damages.
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Common Causes of Truck Accidents in Denver, CO
Truck accidents can occur for a wide range of reasons. The cause of an accident can directly affect a resulting personal injury claim, including who the liable party is. Below you will find the most common causes of truck accidents.
Manufacturer Error
Sometimes, accidents occur because of faulty parts in a truck or another vehicle. If a mistake on behalf of the manufacturer is to blame for an accident, they could be held liable.
Driver Error
Driver negligence is one of the most common causes of truck accidents. Truckers might make mistakes such as failing to check mirrors before merging, causing an accident.
Cargo Loading Errors
The way cargo is loaded into a truck can affect how well the truck is able to operate on the roadway. Truckers, trucking companies, or a third party might be responsible for loading a truck’s cargo improperly.
Improper Truck Maintenance
State and federal regulations require big rigs to be properly maintained before they can be operated. If a trucking company or another responsible party fails to properly maintain a truck, this mistake could lead to part failures and accidents with other motorists.
Hazardous Road Conditions
Sometimes, road conditions are to blame for a truck crash. Slick roadways or improperly maintained roads can lead to hazardous conditions.
Trucking Industry Negligence
Trucking companies are required to properly vet and train their employed truckers.
Negligence on behalf of trucking companies could include not following regulations, ignoring daily maximum hours of service allowances, or failing to keep proper logbooks.
What Injuries Happen During Truck Crashes?
Truck accidents have a higher rate of severe and catastrophic injuries because of the major damage that is often inflicted on smaller vehicles when they collide with a big rig.
All of the following injuries are seen often in truck accident victims:
- Internal bleeding
- Dismemberment
- Disfigurement
- Organ damage
- Back injuries and spinal cord injuries (including paralysis)
- Cuts, burns, and lacerations
- Traumatic brain injuries
- Bone fractures
- Fatality
How Negligence Affects Your Colorado Truck Accident Claim
Negligence is an important part of personal injury law. A party who is negligent has acted in a way that they knew, or should have reasonably known, would put others in harm’s way.
In truck accident claims, a party’s negligence must have led to the crash and the resulting injuries in order for a personal injury claim to be successfully filed.
An experienced truck accident attorney will investigate your accident and determine whether negligence was present, and therefore whether you have a valid case for a personal injury claim.
Negligence in a truck accident could look a number of different ways, including operating a truck during driver fatigue, improperly maintaining a truck, etc.
Different Types of Semi-Truck Accidents
Because of the large size of semi-trucks, they are commonly involved in some unique types of accidents that only happen when big rigs are present.
Underride Accidents
Underride accidents happen when a vehicle crashes into the side or rear of a big rig, wedging itself under the body of the truck. These accidents are particularly dangerous and often result in serious injuries.
Override Accidents
These accidents happen when a big rig runs over a smaller vehicle, sometimes ending up on top of it and often causing extensive property damage and/or injuries.
Squeeze-Play Accidents
This common type of truck accident happens when a big rig swings left before making a right turn, allowing smaller vehicles to merge on its right side before being “squeezed” as the truck turns right.
Cargo Spill Truck Accidents
Sometimes during big rig accidents, a truck’s cargo spills onto the roadway, causing additional hazards for nearby drivers.
Runaway Truck Accidents
Big rigs traveling downhill are at risk of losing control of their brakes. A big rig that has lost function of its brakes is called a runaway truck.
Rollover Accidents
When a truck turns over onto its side or completely rolls over during an accident, this is called a rollover truck accident.
Jackknife Accidents
Sometimes during slick road conditions or other hazardous situations, a big rig might lose control and the body of the truck might swing towards the cab, rendering the truck inoperable. This is called ‘jackknifing’.
What Damages Occur in Truck Accident Cases?
When calculating a fair settlement amount for your case, an experienced truck accident lawyer in Denver will consider all of the ways that your injuries and losses have impacted your life.
All of the following are common damages claimed in truck accident cases:
- Lost wages: People who have been unable to work due to their injuries can seek compensation for lost wages. If you expect to continue to be unable to work, compensation can include projected lost wages also.
- Medical expenses: Any medical bills you have incurred as well as costs for ongoing medical attention you may need can be reimbursed through a settlement.
- Pain and suffering: Injuries can make life hard in many ways. Personal injury lawyers have years of experience helping people receive maximum compensation from their claims, which means clearly showing how an injury has affected your life emotionally, mentally, and physically.
- Wrongful death: If you have lost a loved one in a truck accident, you might be able to file a wrongful death claim to seek compensation for your hardship.
Denver, Colorado Truck Accident Facts
Truck accidents are very dangerous, especially for drivers of smaller cars that are in a crash involving a big rig.
Here are facts on how truck accidents impact people on a national level:
- More than 5,000 people were killed in truck accidents in 2019.
- 77% of commercial truck accidents that had fatalities involved occurred on weekdays.
- In 2019, 150,000 people were injured in accidents involving trucks.
- 71% of people who died in commercial vehicle-involved accidents were in smaller cars.
Truck accident lawsuits and personal injury claims are common in the Denver area. Make sure you know who to call if you have been involved in a truck crash.
The Florin|Roebig law firm can help you file your claim and fight for compensation for your injuries.
Why You Should Work With a Denver Truck Accident Lawyer
You are not required by law to hire a lawyer in Colorado if you wish to file a truck accident personal injury claim. However, most people who file claims do hire an attorney.
People who hire truck accident attorneys receive higher average settlement amounts than people who do not in personal injury cases.
Personal injury claims are also a lot of work. Your lawyers will be the primary point of contact for insurance companies, other lawyers, the liable party, etc.
You can rest easy knowing that your truck accident claim is in good hands when you hire an experienced attorney like the Florin|Roebig truck accident lawyers.
List of Top-Rated Truck Accident Attorneys in Denver
People who have been involved in a truck accident in the Denver area should reach out to the Florin|Roebig legal team for a free consultation to discuss your situation.
Our team of esteemed personal injury attorneys has extensive experience handling truck accident claims in the Denver area.
We have won over $1 billion in settlements for our clients, including numerous favorable verdicts when cases are pushed to court.
Recently, Florin|Roebig was selected to the U.S. News and World Report’s “Best Law Firms” list, and was also recognized by Best Lawyers.
The Florin|Roebig team has many experienced personal injury lawyers, including:
- Wil H. Florin, B.C.S.
- Tommy D. Roebig, B.C.S.
- Chase P. Florin, B.C.S.
- Parker Y. Florin, LL.M.
- Taylor D. Roebig
- John J. Hart
- Lawrence J. Najem, O.C.
- Nollys R. Solarte, O.C.
- Andrew M. Leone, O.C.
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Connect With a Denver Truck Accident Lawyer Today
After being involved in a truck accident in Colorado, you are probably focused on getting your life back on track.
The team at Florin|Roebig is standing by to make your recovery easier. We want to see you get the compensation you deserve after sustaining truck accident injuries.
If you want to learn more about our services or schedule a free initial consultation with an attorney, call us today.
