Truck accidents are not like regular car accidents. Not only is the impact much different, the investigation is more complicated. There are many facts that a truck accident lawyer will be able to uncover that are simply unavailable to an average citizen.
It is this investigation that will expose the reckless or negligent actions of the trucking company and the driver. With this information, your claim will become much more valuable and you will learn the truth about what happened.
An Attorney Can Help You With One of the Most Crucial Parts of Your Claim: The Investigation
Getting into an accident with such a massive vehicle requires a thorough investigation into the truck, the operating company, and many other factors that led up to the accident. Commercial trucking companies are supposed to follow federal and state regulations to keep their trucks in good shape and ensure their drivers are not posing harm to other motorists. If they fail to do so, they can be held liable for your truck accident injuries.
This is why you need a qualified attorney who knows what to look for in truck accident investigation. Here are some of the key pieces of evidence your attorney might help you obtain as part of your claim:
An Examination of the Truck
It’s imperative to track down the truck and inspect it. It’s best to do this at the accident scene, but if that’s not possible, we can help you find the truck to inspect it. What we are looking for is any evidence that shows failed truck equipment or proof negligent maintenance that led to the crash.
Trucking Company Records
Reviewing trucking company records and data logs will shed light on negligence. For example, it’s possible the trucking company was negligent during the hiring process by hiring an unqualified driver or allowing the driver to work more hours than the legal limit. Or, they could be liable for negligence if they failed to properly maintain the truck and allowed a mechanical defect to cause an accident. Whatever the case, our Denver truck accident lawyers will get to the bottom of any form of negligence to hold the company accountable.
EDR (Event Data Recorder) Records
Some trucks have an EDR or event data recorder. This will provide very useful information about the details of the truck before the accident.
Interviews, Testimonies, and Depositions
We will help identify and contact any witnesses who can offer reliable testimony. This may include other drivers and law enforcement officials. Getting started on interviews and depositions is always better sooner rather than later. That’s because witnesses may forget details over time and evidence can deteriorate quickly.
Investigation of the Accident Scene
An in-depth investigation of the accident scene is necessary to find out what caused the accident. Your attorney knows exactly what kind of details to look for and may work with other experts to conduct the investigation.
Situations That Might Require You to Hire a Colorado Truck Accident Lawyer
Deciding to hire a lawyer is a big decision that requires much thought and consideration. However, there are some situations when you can clearly benefit from hiring a truck accident lawyer. Here are some reasons you might want to consider getting professional legal help for your truck accident case:
- Truck accidents are not just about you and the truck driver. There are multiple parties who have something at stake here. You have to consider the trucking company, the cargo owner, the truck manufacturer, and other drivers. Any one of them can potentially be liable for an accident and, consequently, be responsible for paying your damages.
- Truck accidents can be overwhelming; the injuries alone can exhaust you and create stress. When you add legal complexities and liability issues to the mix, things can get messy and unnecessarily confusing.
- Truck accidents usually cause a lot of damage. This is most likely not a run-of-the-mill fender bender. You might have a catastrophic injury, permanent disability, scarring, and life-long disfigurement after a truck accident. Injuries of this severity change your entire future, and you could seek financial recovery for such a profound effect they’ve had on your life. Furthermore, the damages are not limited to physical injury. You’re most likely missing work, lacking transportation, racking up medical bills, or in the worst case, maybe even losing a loved one.
- Insurance companies don’t just write you a big check after you get injured in a truck accident. Determining which party is liable is only a small battle in the grand scheme of a truck accident claim. After determining who is liable, you need to negotiate a fair settlement. That will take time and strategic planning, as well as anticipation of what insurance companies are likely to do. They almost always put up a fight to pay injury victims as little as possible. A lawyer will make sure you don’t get taken advantage of and short-handed after all the suffering you’ve endured.
- Perhaps you are partially at fault for the accident. The insurance company might then try to use this as an excuse to undervalue your claim and make it hard for you to get paid.
- You don’t have experience with truck accident legal policies and procedures. Let an experienced professional handle your case, so you have a better chance of winning the compensation you deserve.
You Probably Sustained More Damage Than the Truck Driver
A commercial truck can have up to 18 wheels and weigh the same as 20 cars. Now, imagine the damage it can cause. Your chances of getting seriously injured go up exponentially when you get into a crash with a semi-truck. While there’s a chance the truck driver also sustained injuries, yours are probably much worse.
Not only is the actual truck bigger than you, but they also have vast resources to invest in legal teams. Even though trucking companies have a substantial reserve and can afford to pay you, their lawyers work hard to protect them from liability. If you don’t have strong legal representation, you might be the underdog of your legal claim.
The Insurance Company Might Try to Pressure You Into Accepting a Low Settlement Offer
It’s best not to sign anything or give any statements until after you speak with your lawyer. After the accident, insurance companies launch their own investigations into the accident. Then, they determine fault and come up with an offer for the injury victim.
However, don’t be too quick to sign or accept any offers. They purposely put pressure by contacting you as soon as they can after the accident. That’s because they don’t want to give you too much time to explore your options, understand the true severity of your injuries, or think twice about accepting money. Sadly, their offer is almost always a lowball offer. And if you accept it, you cannot file a lawsuit for the same accident. That means you just lost out and potentially way more damage compensation. So work with an attorney to make sure you don’t accept any offers that are unfairly low and don’t do you justice.
You Don’t Have to Stress About Whether You’re Saying the Right or Wrong Things
Your phone will start ringing after a truck accident. Insurance companies will want to speak to you to get more detail. And they may call you persistently, which can be annoying. To add stress, you might not be sure exactly what you should or shouldn’t say.
Insurance companies purposefully try to say things to contradict themselves or things to jeopardize your claim. A lawyer will advise you on what you should share and should not with insurance companies. That will bring you some peace of mind so you can put your energy into healing and recovering.
The Truck Driver Might Not Be the Only Liable Party for Your Injuries
Colorado law allows injury victims to seek compensation from any negligent party in the accident. In truck accident cases, it’s possible to have more than one party who was negligent. You just need to prove that their negligence is directly linked to the accident which caused your injuries.
For example, if a trucking company failed to provide adequate training to their driver or didn’t do a thorough background check, that’s negligent hiring. Or maybe they allowed a truck driver to work longer than federal service hour regulations, causing them to be drowsy and cause an accident. All of these are examples of negligence. Therefore, it’s possible to hold the trucking company accountable for damages.
In addition to the trucking company, a truck manufacturer might be liable if they contributed to the accident somehow. For example, if they manufactured a defective truck part that led to a collision, they might be legally responsible for the cash. That would be a product liability case.
If a poor maintenance job failed to adequately prepare the truck to drive safely, the trucking company would be liable. Since the trucking company is ultimately responsible for inspection and truck maintenance.
If a truck was overloaded and caused an accident, the cargo loading company could be on the hook for damage liability. Lastly, if there were any dangerous and preventable road conditions, the city or other government agencies would be responsible for negligent road maintenance. This type of case would be considered a premises liability case.
Did You Know You Can Recover General Damages (More Than Medical Bill Reimbursement)?
A truck accident attorney can help you identify all possible damages you are entitled to. You might already know that you can seek economic damages such as medical bills, lost wages, future lost income, and other financial losses.
However, many injury victims are unaware that they can also claim non-economic damages. Non-economic damages will help you get financial compensation for things you can’t calculate, like
- Pain and suffering
- Emotional anguish
- Loss of companionship
- Death of a loved one,
- Diminished quality of life,
- And more damages without object monetary values
Contact a Colorado Truck Accident Lawyer Who Can Start On Your Case Today
If you are injured because of a Colorado truck accident, we want to help you. These are difficult times when you need support and guidance the most. Please call our Denver Truck Accident Lawyers to get started on your case right away.
We offer a free initial consultation, so call us today.
