Common Causes of Truck Accidents

Truck drivers receive extensive training so they’re able to operate their vehicles safely in traffic. Even the most experienced and cautious professionals can end up in collisions though. At the end of the day, there are a lot of factors that can contribute to large truck crashes. Some of the most common include:

  • Unsecured or imbalanced cargo
  • Fatigue
  • Distractions
  • Inclement weather
  • Defective machinery

Before you can seek compensation for your injuries, you must determine the underlying cause of the crash. Colorado is a “fault state” when it comes to assigning financial responsibility for accident-related damages. That means those who are ultimately to blame for a wreck must cover the victims’ losses. Naturally, you cannot assign blame until you confirm what happened.

What to Know Before Filing a Truck Accident Claim

Statute of Limitations

When filtering through truck accident lawyers in Boulder, you may come across a few laws that could influence your claim. For example, Colorado’s statute of limitations for personal injury suits involving motor-vehicle collisions is three years. That means if the liable party refuses to settle and you proceed with a formal lawsuit, you must file the case within three years of the date of the accident. If you file after this deadline has passed, the judge will likely dismiss the case. Turning to a truck accident law firm soon after getting hurt helps your legal team from missing critical deadlines.

Comparative Fault

If you feel you may have contributed to the accident, you might be wondering whether it’s worth searching for a “truck accident attorney near me” and proceeding with a claim. Generally speaking, Colorado doesn’t bar injured parties from taking action if they played a role in the incident.

Colorado Revised Statutes 13-21-111 stipulates that even if a claimant is partially at fault for their accident, they may still recover compensation as long as they are not found more responsible than the opposing party. However, the percentage of their fault will proportionately reduce the compensation that will be awarded. An experienced attorney can help an injured party understand the total compensation that might be available after a truck accident in Boulder.

Recoverable Damages in Boulder Truck Accident Cases

The Colorado tort (at-fault) law applies to victims of truck accidents in Boulder. Under this law, personal injury claimants may recover both economic and non-economic damages. Economic damages can be more easily proven because they’re tangible. They include things like:

  • Medical bills
  • Rehabilitation costs
  • Lost wages
  • Lost earning capacity
  • The cost of reasonably necessary replacement services
  • A Boulder Truck Accident Attorney Could Guide You Through the Legal Process

Non-monetary damages, on the other hand, are more challenging to prove because they’re intangible. These losses include things like pain and suffering, mental anguish, emotional distress, and diminished quality of life.

Faq

car accident attorney boulder

The State of Colorado is a tort liability state. This means that accident victims must prove fault before insurance companies will pay claims. The individual who is responsible for the accident will ultimately be responsible for your medical expenses, lost wages, and pain and suffering.

After an accident, it is important that you contact the police immediately. Filing a police report is one way to prove fault after an accident and it is a critical component. Without a police report it may be your word versus theirs. You should also contact our law firm immediately. Our lawyers will go to work immediately to gather evidence and build a case to prove fault.

The first thing you should always do is to call 911. Seek medical attention even if you do not believe that you have been badly injured. Wait at the accident scene until the police arrive and do not panic. If you are able, snap photos of the accident scene, damage to your vehicle and any other evidence you see. Gather the names and numbers of any eye witnesses as well. Once you have been treated for your injuries, contact our law firm immediately.

If you are injured by an uninsured driver or a driver without adequate insurance coverage, there may still be ways to collect compensation. Drivers can seek compensation from their own UM/UIM policies. An experienced car accident attorney will be able to help you during this time.

In the state of Colorado, you only have between 2 and 3 years from the accident to file a claim. This is known as the statute of limitations and if you miss this deadline, you could be barred from ever being able to file a claim.

There are numerous factors that go into determining what your personal injury case is truly worth. Some of those factors include:

The extent of your injuries
The liability of the negligent party
The level of fault
Economic losses sustained
Long-term injury vs disability
Pre-existing medical conditions

Injured accident victims can often recover both economic and non-economic damages, including:

Medical expenses
Long-term care expenses
Future medical
Lost wages
Loss of future earnings
Pain and suffering
Loss of companionship