Commercial truck accidents vary greatly from passenger car accidents in the severity of the injuries and in the number of potentially liable parties. If you or someone you love was injured in a commercial truck accident, our law firm will uncover who is liable for your post-accident compensation. Once identified, you can seek the compensation you need and deserve.
You do not have to define truck accident liability on your own. When a Denver truck accident lawyer represents you, they will conduct a thorough investigation that could identify multiple at-fault parties. Your lawyer will also file a comprehensive claim with all applicable insurance companies. Most offer a free consultation to learn more about your case and will represent you at no upfront cost to you.
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Potentially Liable Parties in Truck Accident Cases
Filing an insurance claim or lawsuit after a commercial truck accident starts with identifying the appropriate at-fault party or parties. Potentially liable parties can include:
- The truck driver if fatigue, drowsiness, drugs, alcohol, speeding, recklessness, distracted driving or carelessness contributed to the crash
- The trucking company if the driver was untrained, improperly trained, improperly supervised, or unlicensed
- The repair shop if the truck was not regularly or properly repaired or maintained
- The cargo loaders or facility if the truck’s cargo was not properly loaded or balanced
- The truck’s or part’s manufacturers if a design or manufacturing flaw or defect or faulty equipment contributed to the accident
A government or municipal agency could be a responsible party if faulty, misleading, or missing traffic signals and signs caused the accident. They could also be liable if flawed or faulty road construction or conditions were at fault.
Colorado Filing Deadlines Could Affect Your Right to Sue for Damages
In general, the filing deadline for a truck accident in Colorado is three years from the date the accident occurs, according to CO. Rev. Stat. § 13-80-101. If your lawsuit is not filed within the time limit:
- You could lose the right to file it at all
- It may be dismissed without being heard
- The insurer will stop all negotiations
Similarly, the filing deadline for a wrongful death lawsuit is generally two years, according to CO. Rev. Stat. § 13-80-102. Your personal injury lawyer will help you understand and correctly interpret the filing deadline and its application to your personal injury claim.
How Identifying Truck Accident Negligence Proves Financial Liability
The liable party or parties are identified by the negligent or reckless actions that contributed to the accident. Negligence is established by its legally required elements which include:
- Duty of care: The at-fault party’s legal responsibility
- Breach of duty: Failure to meet the required duty of care
- Causation: The direct correlation between action and accident
- Damages: The financial consequences related to the accident
These factors help clarify who was at fault for a truck accident. It is also how fault and liability are divided (in percentages) among multiple negligent parties.
Evidence Your Truck Accident Attorney Will Compile for Your Injury Claim
Your case file will contain proof of the at-fault party’s negligence and proof of the monetary value of your compensation request. Your lawyer will build it for you, collecting evidence that includes:
- Medical records
- Medical bills
- Written prognosis
- Commercial truck driver logbooks
- Truck driver training records
- Truck driver license history
- Salary history records
- Property repair costs
- Property replacement estimates
- Trucking company insurance policy
- Truck accident report
- Accident scene photos
- Accident reconstruction
- Police reports
Your legal team will also speak to any accident witnesses who came forward and take their verbal and written statements. They will also identify and consult medical, financial, and trucking industry experts.
Get Truck Accident Compensation from the Liable Party
Assessing and documenting the costs of a truck accident can be more difficult than you think. When you find a Colorado truck accident lawyer to assist you, they can request the following economic damages:
- Past, present, and future medical bills
- Past, present, and future loss of wages
- Loss of the ability to earn in the future
- In-home medical support and devices
- Property damage, loss, or diminishment
Your legal team will also request a range of non-economic damages. These are non-financial and can include:
- Physical disability
- Lasting disfigurement
- Pain and suffering
- Mental anguish
- Emotional distress
- Diminished quality of life
Your lawyer will fight hard to maximize your compensation and to help you start putting your life back together, again. They will also protect you from a speedy but insufficient settlement and from having your claim undervalued or underpaid.
Commonly Reported Injuries Among Truck Accident Victims
Commercial trucks are massive pieces of machinery that can cause serious injuries, even fatalities, in an accident. Some commonly reported truck accident injuries include:
- Traumatic brain injuries (TBI)
- Back and spinal cord injuries
- Contact and electrical burns
- Internal bleeding and injuries
- Neck and shoulder injuries
- Lacerations and bruises
- Limb loss via amputation
- Broken and fractured bones
- Whiplash and concussion
Your truck accident attorney will collect your treatment and medical records. These will be included in your case file to document the known and anticipated costs of your post-accident recovery.
Wrongful Death Compensation for a Truck Accident Fatality
While nothing can atone for the loss of a loved one, your family can recover compensation for the financial impact of an unexpected loss. Families who lost a loved one in a truck accident can recover wrongful death damages, including:
- Funeral and burial expenses
- Loss of a loved one’s income
- Loss of their domestic input
- Loss of consortium and care
- Loss of companionship
- Loss of guidance and support
A wrongful death attorney will help your family file a timely claim after a truck accident, including clarifying who can file legal action and who can recover damages.
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If you or a loved one was injured, you need to know who is liable in a commercial truck accident. By defining liability, we can help you seek fair compensation from the at-fault party or parties such as the truck driver or the trucking company and their insurance companies.
Focus on getting better and leave the rest to us. Contact our consultation team at Matlin Injury Law to discuss your available legal options today.
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