Commercial trucks like an 18-wheeler can be as long as 80 feet and legally carry up to 40 tons. Given their size and weight, the impact from a crash with one of these vehicles could be catastrophic.
If you were injured by a truck, you have the legal right to seek financial remedy from those responsible. An Aurora truck accident lawyer from Ben Crump Law, PLLC can help you take legal recourse. Call (800) 630-9229 for a free consultation with a legal professional from the team.
Colorado Is an At-Fault Insurance State
Colorado is among the many states that follow a tort-based system wherein the liable party’s insurance company for the vehicular accident must pay for the resulting damages.
Under the fault system, vehicle accident victims have three sources for getting compensation—the liable motorist’s insurer, their employer’s insurer if they were on the job, or a personal injury lawsuit. When you file a claim with the at-fault party’s insurance carrier, beware that the company might try to limit their liability to reduce the amount they would have to pay out or deny payment altogether. That is why it can help to have someone who can protect your interests.
Work with a truck accident lawyer to help ensure the preservation of your rights to financial recovery. If you decide to file an injury lawsuit amidst settlement negotiations, they will guide you through the legal proceedings and provide valuable insights about your case.
For a free legal consultation with a truck accidents lawyer serving Aurora, call 800-630-9229
Recovering Damages from the Truck Accident
When seeking compensation for your injuries resulting from a truck accident, your first step is to initiate a claim. The other party’s insurance company will often start with a low offer, which may be inadequate compensation for the incident. Many accident victims commit the mistake of accepting the initial amount, only to realize that their case should have been worth more.
A personal injury lawyer understands that a truck accident victim should be compensated fairly, more so if they suffered catastrophic or life-changing injuries. Aside from past medical costs, lost wages, and other related expenses, your attorney will also factor in future losses to your total compensation. For instance, you may need long-term rehabilitation, additional medical devices, and lifetime medications because of your injuries. If you become disabled, disfigured, or lose your ability to work, you should also receive compensation for lost future earnings.
In addition to economic damages, an injury victim may also seek non-economic damages or those without established monetary values. Compensation for pain and suffering does not have a specific amount, but it aims to reimburse you for the negative experience. For those permanently disabled, they may receive money for the decline in their quality of life.
Before accepting any offer, your truck accident lawyer will compare it against the estimated value of your case. Negotiations will continue until both parties arrive at an acceptable figure. Bear in mind that the decision to accept or reject the settlement offer ultimately depends on you. Your attorney will only give insights to help you decide. If you think that you deserve more than the offer, you can file a personal injury lawsuit instead.
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Multiple Parties May Be Responsible
An injury does not always give rise to an actionable claim. Apart from damages, liability is another crucial aspect of your case—there must be legal grounds to hold a party responsible for your injuries. There are often multiple parties involved with commercial trucking accidents, making them more complicated than other car crashes.
Negligence is the most commonly used basis for establishing liability in the accident. In auto accidents involving smaller vehicles, the drivers are usually the liable parties. One or both of them acted negligently or failed to exercise reasonable care, putting others at significant risk. While the same may apply to the errant truck driver, there are often other reasons for an accident.
The trucking company might have liability for the accident if they hired a driver who has a bad driving record or allowed someone to operate a truck with inadequate qualifications. It is also possible that the truck owner failed to maintain the vehicle properly—faulty brakes or worn-out tires may have led to the trucking accident. Sometimes, the freight company may also be legally responsible if they fail to secure the cargo, causing it to fall off and harm other motorists. In such scenarios, multiple parties could be negligent, and thus, liable.
When numerous parties are involved, sorting out liability in a truck accident is complicated, and legal professionals can help you. An Aurora truck accident lawyer from Ben Crump Law, PLLC can investigate and collect relevant evidence to determine who is liable for the accident. To get help with your case, call a member of our team today.
Your Fault in the Accident Can Impact Claims
Being injured in a trucking accident does not mean you are free of any liability in the matter—you may have contributed to the accident as well.
Some U.S. states completely bar recovery of losses if a party is partially at fault for the incident. In Colorado, this is not the case. The state follows the comparative negligence principle, meaning your compensation is determined by your percentage of fault in the accident. If you were 30 percent responsible, you could only receive the remaining 70 percent of potential damages.
However, the rule only holds if your portion of the fault is less than half; if it is equal or greater than the other party’s, then you might not be able to recover damages.
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Legal Support in Commercial Truck Accidents
Self-representation in a trucking accident involves complicated legal issues and proceedings. A simple oversight, such as not making your claim within the state’s three-year statute of limitations for personal injury, could prevent you from getting compensation. As such, it can help to work with an Aurora truck accident lawyer from Ben Crump Law, PLLC who understands the law and can help you avoid costly mistakes.
To get started, get in touch at (800) 630-9229.