Table of Contents
Every year, thousands of individuals lose their lives or suffer from severe injuries in truck accidents across the United States. These crashes are often much more devastating than car accidents due to the sheer size and weight of commercial trucks. In the U.S., between 2009 and 2017, the number of fatal crashes involving large trucks skyrocketed by a whopping 42%. In 2017 alone, 4,237 wrecks claimed the lives of nearly 4,800 individuals.
In Colorado, there was a slight dip in fatal crashes in 2017. The count has more than doubled since 2009, from 35 to 80. A surge that stole the lives of 87 people. If you live in Denver, CO, and find yourself involved in a truck accident, seeking legal assistance from a truck accident lawyer in Denver, CO, can help investigate negligence and secure adequate compensation.
Negligence is essential to consider when pursuing legal action after a truck accident. In any personal injury case, proving negligence is crucial as it establishes liability for damages incurred by the injured party.
In the case of a truck accident, negligence can manifest in several ways. Some common examples include:
Overloading cargo: Commercial trucks have specific loading capacity limits for safety reasons. Overloading cargo beyond this limit puts immense strain on tires, brakes, and other critical parts that could cause accidents.
Poor maintenance: Poorly maintained trucks lacking crucial repairs or replacements put drivers at risk. It can be challenging to determine whether faulty equipment caused accidents without proper investigation.
Driver error: This includes instances such as distracted driving or impairment from alcohol/drugs while behind the wheel.
Violation of traffic laws and regulations: Commercial drivers are held to higher standards than regular motorists due to their professional status and responsibility for maintaining safe roadways.
It’s essential to investigate thoroughly all possible causes of an accident before proceeding with a lawsuit; otherwise, you may fail to establish liability properly.
Hiring Legal Assistance
Securing adequate compensation after sustaining injuries or loss in a truck accident requires legal expertise from specialized attorneys experienced in dealing with such types of accidents. By enlisting professional representation early on during the process, you can get help with the following:
1) Gathering evidence – Attorneys will advise clients on gathering critical evidence such as police reports, witness statements, and medical bills/reports relating to injuries sustained in the crash. Time is critical, and preserving evidence is essential to the case.
2) Investigations – Experienced attorneys will conduct thorough investigations on the accident and look for all possible causes of negligence.
3) Filing claims – Once investigations are completed, your legal team will submit insurance claims or initiate a lawsuit if necessary.
Determining Liability in an Accident with Multiple Defendants
In some cases, multiple parties might be at fault in a truck accident. The truck driver might be partially responsible, but other parties, such as third-party logistics providers who negligently instructed the overloading of the cargo, could also share liability. Consulting with an attorney to help navigate these complex claims involving several defendants is advisable.
Time Limits for Filing Your Lawsuit
Statutes of limitations determine how long after an incident you have to file a lawsuit against the responsible party. Every state has its own limits set by law. In general, most states only allow up to two years from the date of injury/accident to file your claim officially. However, in some states, laws differ. Hiring a seasoned truck accident lawyer can guide you through their respective limitation period.
Compensation For Truck Accidents
The expenses incurred due to this type of accident can far exceed those involved in auto accidents. Losses include damages related to medical bills ranging from initial hospitalization expenses to ongoing treatment costs, including medication and physical therapy sessions. Loss of earnings, pain, and suffering is also considered when deciding settlement amounts.
Truck accidents are often catastrophic and result in severe injuries. Fortunately, your chances of securing adequate compensation improve considerably by hiring professional representation and consulting with experienced truck accident attorneys who can help investigate negligence and pursue legal action on your behalf. The process of seeking justice in truck accident cases is complex, but reliable legal assistance can ensure the timely filing of claims and substantial compensation to assist the injured party.