If you are involved in an accident with a commercial truck driver, the law generally requires you to notify the police immediately. If you fail to notify the proper authorities, you could face criminal consequences and jeopardize your potential personal injury claim.
With so much at stake, you should do everything possible to protect yourself and any future legal claim you may qualify for. A Denver truck accident lawyer can ensure you comply with the law after an accident.
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Tell us about your caseYou Must Notify the Police of a Truck Crash Immediately
Per Colorado Revised Statutes §42-4-1606, any driver must notify the police as soon as possible after a motor vehicle collision that results in bodily injuries, death, or property damage.
While the law requires you to notify the police immediately after an accident, there is some leeway in the amount of time you have. Most people call the police from the accident scene to notify them of a crash. However, if you do not have a phone with you, you can leave the scene long enough to find a way to alert the police, as long as you return afterward and wait for an officer to arrive.
When Is a Report Not Required?
The only time a police report is not necessary after a truck crash is when there are no injuries and the damage is very minor. If the responding police officer determines there are no injuries and they believe less than $1,000 in total property damage occurred, they may not file a report.
Even in minor accidents, the police officer will file a report if requested by one of the accident victims or if one of the involved vehicle drivers is uninsured.
Failing to Report a Truck Accident May Be a Crime
Failing to report a traffic accident that results in injury is a Class 2 misdemeanor traffic offense. According to the Colorado General Assembly, if you are convicted of such an offense, you could spend as much as 90 days in jail and face a fine of up to $300. These penalties increase if someone involved in the accident sustains a severe bodily injury or passes away due to their injuries.
Why Is a Truck Accident Report Helpful to My Case?
When a police officer responds to the scene of a truck crash, they will usually create an accident report. This report can be a useful tool for your Colorado personal injury lawyer. Here are a few reasons a police report can be useful if you decide to seek compensation after a truck accident:
The Police Report Provides a Neutral View of the Accident
The police are not there to take sides. Instead, they should determine what occurred and make an objective report. Their information provides a viewpoint from someone without any bias or interest in the outcome of a claim or lawsuit.
The Accident Report Can Identify Important Witnesses
Neutral third-party witnesses are vital in these cases. Often, the report will note the name and contact information of anyone who witnessed the crash. Your automobile accident attorney can use this information to contact witnesses and get their statements about what happened.
The Police Report Can Help Prove Liability
Crash reports often include enough information to identify who was at fault for the truck accident. It might even include an admission of guilt made by the truck driver that they were responsible for the accident.
Often, the report also includes diagrams or details that show how the crash happened. For example, perhaps the truck operator did not have the right-of-way at the time of the crash.
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Tell us about your caseWhat Else Should You Do After a Truck Accident in Colorado?
Reporting the accident to the police is not the only thing you should do after a truck wreck. You should also:
- Seek immediate medical attention. Even if you don’t think your injuries are serious, allow the EMTs to examine you. If they think you should go to the hospital, it’s best to take their advice. At the very least, schedule an appointment with your primary care physician as soon as possible to ensure you don’t have any injuries that haven’t yet manifested obvious symptoms.
- Document the accident scene. If possible, take photos of your injuries and the involved vehicles. These images could become valuable evidence in your personal injury claim.
- Gather witnesses’ contact details. While the police will likely speak to witnesses and get their contact information to include in their report, it doesn’t hurt for you to ask for that information, too. That way, your lawyer can contact them while their memories of the accident are still as fresh as possible.
- Seek legal representation. As soon as your injuries are stable, schedule a free consultation with a personal injury law firm. A truck crash attorney can help you understand your options and what it will take to get the financial compensation you deserve to cover all your losses.
The Deadline for Filing a Motor Vehicle Accident Lawsuit in Colorado
Don’t wait too long to seek legal assistance after a truck crash. Per CO. Rev. Stat. § 13-80-101, you generally only have three years to file a lawsuit against the liable party. While that may seem like plenty of time, gathering evidence and building a legal claim can take several months. Relevant evidence, like CCTV footage of the accident, may also disappear after a certain time.
The sooner your truck wreck lawyer gets started on your personal injury claim, the better.
Get Help With Your Truck Accident Claim Today
If you were involved in an auto accident with property damage, bodily injuries, or death, Colorado law requires you to report the crash to the police. Notifying law enforcement is only the first step, as you will likely also want to seek legal counsel to get the compensation you deserve.
Our team at Matlin Injury Law can assist you with your truck accident injury case from start to finish. Our personal injury lawyers know how to develop a winning strategy in a negligence-based accident case. We will request a copy of the police report, negotiate with the liable party’s insurance company for you, and handle all the other details of your claim. Contact us as soon as possible to learn more.
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