The statute of limitations for a truck accident claim in Colorado is generally three years, though the filing deadline can vary based on the specific circumstances of your claim. The filing deadline is mandatory, so understanding it and its exceptions in detail is critical to your case. If it expires, you could lose the legal ability to compel the at-fault party to compensate you.
A Colorado truck accident lawyer will be familiar with applicable filing deadlines, which can help you navigate the often confusing legal and insurance processes. The statute of limitations applies only to your lawsuit but can also affect your right to recover damages via an insurance claim. In addition, if your truck accident claim involves a government entity, a different filing deadline could apply.
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The Consequences of an Expired Truck Accident Statute of Limitations
Truck accident claims are complicated since they could involve multiple at-fault parties, each with their insurance company. The insurers will know and monitor the statute of limitations. If it expires, the appropriate court will likely bar you from filing your lawsuit.
In addition, should you file suit, the at-fault party’s insurance or legal representatives will request immediate dismissal. The court will likely grant this request without hearing your lawsuit’s merits.
Either of these outcomes will mean you inadvertently relinquish your right to file your lawsuit. If that happens, the insurer will stop negotiating and offer a paltry settlement, leaving you and your family to bear much of the financial burden of your injuries, lost income, and property damage.
What You Need to Know About Potential Changes to the Filing Deadline
According to CO. Rev. Stat. § 13-80-101, you generally have three years to file your truck accident lawsuit. While you must comply with the filing deadline, some exceptions might give you extra time to comply. For example:
- CO. Rev. Stat. § 13-80-102 generally gives you two years to file a wrongful death lawsuit if a loved one died in the accident.
- CO. Rev. Stat. § 13-81-103 generally tolls (pauses) the statutory filing date if the injured party is mentally impaired, under the age of 18, or significantly disabled.
After the accident, the at-fault party’s actions could also alter the filing deadline. CO. Rev. Stat. § 13-80-118 gives you additional time to file if they leave the state and you cannot serve them.
You Can Recover Damages by Filing Your Truck Accident Lawsuit on Time
The at-fault party is legally obligated to compensate you for the financial expenses and losses you incur due to their negligence. Compensation for truck accidents in Colorado can include these damages:
- Economic damages: You can easily document these tangible damages, such as past and future medical bills, past and future lost income, loss of future earning capacity, and property damage, total loss, or diminished value.
- Noneconomic damages: These intangible damages can be more challenging to prove and typically include temporary or permanent disfigurement, lasting disability, physical pain and suffering, mental and emotional anguish, and diminished quality of life.
- Wrongful death damages: These damages include the costs of your loved one’s funeral, burial, or cremation, loss of their financial and household contributions, and loss of consortium, companionship, and guidance.
Track your post-accident costs and collect as much evidence as possible to document them. The at-fault party’s insurance company will demand proof of your damages along with evidence of their policyholder’s negligence and financial liability.
How to Identify the At-Fault Party in a Colorado Truck Accident Claim
Your first reaction after a truck accident might be to sue the driver or their employer. However, neither party may be liable. That might seem counterintuitive, and it could be hard to understand who’s really responsible if not the truck driver or trucking company. Potentially liable parties can also include:
- The company that manufactured the truck if a design or manufacturing flaw or defect caused or contributed to the crash.
- The company that manufactured the truck’s parts (e.g., brakes or windshield wipers) for the same reasons.
- The truck’s maintenance crew or facility if the truck was not safe to operate or had not been adequately inspected.
- The cargo loading crew or facility if improperly loaded or balanced cargo caused the truck to falter.
A government or municipal agency could also be at fault if a county vehicle hits you or if road conditions, missing traffic signs, or malfunctioning traffic signals lead to the collision.
Build an Evidence Collection That Supports Your Compensation Request
When you file your semi-truck accident claim, you must support it with objective evidence, including:
- The truck driver’s logbooks
- The truck’s maintenance records
- Accident reconstruction report
- Medical records and bills
- Job and salary history records
- Accident scene photos and video
- Lay and expert witness statements
- Your written statement
You should also obtain a copy of the official police report as soon as possible. It will contain crucial details about the accident and contact information for all involved parties.
These Elements Can Help You Identify the At-Fault Party or Parties
Your evidence file aims to prove the negligence that caused your accident. Its accumulated weight will identify these legally required elements:
- Duty of care: The at-fault party’s legal responsibility.
- Breach of duty: Their failure to meet their obligation.
- Causation: The link between breach and crash.
- Damages: The collision’s financial consequences.
Your evidence collection will also document the total value of your recoverable damages and help you recover maximum compensation.
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If you or someone you love suffered an injury in a recent truck accident, you could have the basis of a personal injury claim. The truck accident lawyers at Matlin Injury Law will help you build a solid case for compensation and meet the statute of limitations for a truck accident claim. We will also deal with the insurance company and adjuster.
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