Truck Accident Attorney

Traffic accidents are terrifying, especially when they involve large vehicles. In fact, collisions involving a commercial truck and a passenger vehicle are among the most deadly, resulting in some of the most severe injuries for those in passenger vehicles.

There are many reasons why commercial trucking accidents can occur, including drivers falling asleep at the wheel, truck braking system failures, reckless speeding, and dangerous turns. In general, sharing the road with one of these large commercial vehicles can be pretty unnerving. Because of these vehicles' substantial size and weight, a collision could result in serious bodily harm and significant property damage. 

How Are Commercial Truck Accidents Different from Other Auto Accidents?

In addition to the severe injuries you may have sustained during the collision, establishing liability can be more problematic in accidents involving commercial trucks than those involving regular car accidents. When it comes to determining who is liable, commercial truck accidents are not as straightforward. In a crash with a regular passenger vehicle, the liability often sits with either you or the other driver. In contrast, accidents with commercial vehicles can involve multiple at-fault parties. 

Depending on the unique circumstances involved in each case, any of the following parties could be held liable for a commercial truck accident:

• The commercial truck driver
• The company that employed the driver
• The company that owns or leases the truck
• The company responsible for the vehicle's maintenance
• The vehicle’s cargo loader

Because there are so many moving parts involved in accidents of this nature, it may be difficult to determine fault. For example, if the commercial driver's actions directly caused the crash, they'll likely be held liable. When drivers are held liable, it is usual for behavior such as breaking a traffic law, knowingly exceeding hours-of-service regulations, or driving while distracted or intoxicated. On the other hand, the employer will be held responsible if the driver acted within the scope of their duties or if the accident occurred because of failed safety regulations. 

By reaching out to an experienced commercial truck accident attorney at Mintz Law Firm, you can work with someone who knows the best strategy for determining who is liable in cases like these.

Damages Available in a Denver Truck Accident Lawsuit

If you have been in a truck accident in Denver or any other incidents resulting in serious injuries, you may wonder if you can receive compensation for your losses. In an incident resulting from another person’s negligent behavior, you can fight for compensation. The following damages are likely available in your truck accident lawsuit:

• Pain and suffering
• Reduced earning capacity
• Property damage and loss
• Past and future medical expenses
• Lost wages, including future lost income/benefits
• Household out-of-pocket expenses
• Physical therapy
• Funeral costs
• Reconstructive surgery
• In-home rehabilitation
• Motor vehicle repairs
• Ambulance ride
• Emergency medical treatment
• Change in lifestyle
• Loss of consortium or loss of companionship
• Emotional distress
• Loss of enjoyment of life and personal enjoyment
• Punitive damages

Depending on the circumstances, additional losses may also qualify for compensation. Mintz Law Firm can identify other eligible losses, estimate the value of your claim, and increase the compensation you are likely to receive. 

Proving Negligence in Truck Accident Claims

If you have been in a truck accident, you will likely need compensation to cover the financial losses you face as a result. However, to receive compensation, you will need to prove the responsible party’s negligence and liability in your claim.

There are four essential elements you must demonstrate in your claim to receive compensation, which include:

• Duty of care: Duty of care is the general practice and expectation that everyone prioritizes safety for themselves and others. For example, truck companies must ensure their employees are appropriately trained, cargo is adequately secured in the trailer, and all speed limits and traffic postings are followed. 
• A breach in duty of care: A breach in this duty, or negligence, means someone has failed to follow best practices in prioritizing safety. By failing to follow the law and drive carefully on the road, there is an increased risk of serious injuries.
• Injuries due to breach: If someone was negligent and this breach in duty of care was directly related to injuries, this means that you may be able to collect compensation due to this breach. 
• Economic losses: While you can also receive compensation for non-economic damages, you can only recover those losses once you have proven you also face financial loss. Economic losses include several items, including medical bills, loss of wages, and property damage.

If you are worried about proving negligence and liability in your truck accident claim, you don’t need to fight alone. Our team can help you collect evidence, investigate and understand laws, and demonstrate the value of your claim. We can also support you in many additional ways, so don’t hesitate to get in touch with our dedicated firm.

What to Do After a Truck Accident In Denver, Colorado

Being involved in a truck accident can be a frightening and overwhelming experience. In the aftermath of such an incident, it is crucial to remain calm and take immediate action to protect yourself, gather evidence, and ensure your well-being. By being proactive and informed, you can better navigate the aftermath and seek the compensation you deserve.

Ensure Safety

The first and most important step after a truck accident is to prioritize safety. Move to a safe location away from traffic, if possible, and turn on your hazard lights. Check yourself and others involved in the accident for injuries and call emergency services for medical assistance if necessary.

Contact Law Enforcement

Report the truck accident to the local police or Colorado State Patrol by dialing 911. Law enforcement will arrive at the scene to document the accident and create an official police report, which can serve as valuable evidence for insurance claims and legal proceedings.

Gather Information and Document the Accident Scene

While waiting for the authorities to arrive, collect essential information from all parties involved in the accident, including:

• Names, contact information, and addresses of the truck driver and any other drivers, passengers, and witnesses.
• License plate numbers, make, and models of all vehicles involved.
• Insurance details of the truck driver and other parties.
• The trucking company's name, if applicable.

If it is safe to do so, use your smartphone or a camera to capture photographs or videos of the accident scene. Document the damage to all vehicles involved, skid marks, traffic signs, and any visible injuries. These visual records can significantly support your case later on.

Seek Medical Attention

Even if you believe your injuries are minor, it is crucial to seek medical attention as soon as possible after a truck accident. Some injuries may not manifest immediately, and a medical professional can assess and document your injuries, providing vital evidence for insurance claims and personal injury lawsuits, if needed.

Notify Your Insurance Company

Contact your insurance provider to report the truck accident promptly. Provide them with accurate and detailed information about the incident. Be cautious when discussing the accident and avoid admitting fault, as insurance adjusters may try to use your statements against you.

Consult With an Experienced Attorney

Consider consulting with an experienced truck accident attorney who specializes in personal injury law. They can guide you through the complex legal process, protect your rights, and help you pursue fair compensation for your damages, including medical expenses, lost wages, and pain and suffering.

Utilize Colorado Truck Accident Resources

In Denver, there are several resources available to assist you in dealing with a truck accident:

• Colorado Department of Transportation (CDOT): CDOT provides valuable information about road conditions, traffic updates, and safety tips.
• Colorado State Patrol (CSP): CSP is responsible for traffic enforcement and accident investigations. They can provide you with information on accident reports and other legal matters related to the truck accident. 
• Denver Police Department (DPD): If the accident occurred within the city limits of Denver, you can contact the DPD for accident reports and other relevant information.
• Colorado Legal Resources: Several legal resources can help you understand your rights and navigate the legal process after a truck accident. These resources include the Colorado Bar Association and legal aid organizations like Colorado Legal Services.

Experiencing a truck accident can be a traumatic event, but taking the right steps after the incident can help protect your interests and pave the way for a smoother recovery process.

Denver Truck Blind Spot Accident Lawyer

The road can be unpredictable, which is why it's so important for truck drivers to remain aware of their surroundings while driving. Truck accidents can occur for many reasons, but some of the most common truck accidents involve blindspots. More often than not, a commercial truck will be the largest vehicle on the road, so other vehicles are susceptible to entering a truck's blind spot, which is incredibly dangerous.

When drivers fail to check their blind spots, they risk causing accidents such as:

• Jackknifing accidents: Jackknifing occurs when the trailer of a semi-truck or big rig forces the front towing vehicle to one side or all the way around, forcing it to face backward and resembling a pocket knife.
• Under-ride Collisions: When a truck comes to an abrupt stop, smaller cars traveling behind it might become trapped beneath the truck's trailer, resulting in some of the deadliest trucking accidents.
• Wide Turn Accidents: When a driver swings to make a right turn while unaware of surrounding traffic, they risk trapping other vehicles inside their turn.
• Rollovers: Trucks have a high center of gravity, making them prone to rollovers. If a truck moves into another lane without checking its blind spots and a car collides with its wheel, the truck can tip over and ram into multiple lanes of traffic.

Normal drivers should respect the blind spots of truck drivers, but truck drivers should understand that not every driver is going to be aware of the dangers and should be prepared.

Denver Intoxicated Truck Driver Accident Attorney

Commercial truck drivers should be alert and focused when they climb behind the wheel of their vehicle. Driving while impaired by drugs or alcohol is extremely dangerous and could endanger the driver as well as anyone else on the road. 

The potential damage that a commercial truck can cause eclipses that of a regular passenger vehicle, so professional drivers typically have stricter regulations for being sober while operating a commercial vehicle. In Colorado, commercial drivers lose their CDL for having a blood alcohol concentration (BAC) of 0.04%, while the BAC  limit is 0.08% for DUI cases.

Denver Overweight and Overloaded Truck Accident Lawyer

Overloaded truck accidents can also happen, and these accidents can result in substantial damage and injury to others. The results of overloaded truck accidents can be immense. Cargo can fall out, posing a serious threat to surrounding vehicles and potentially resulting in a multi-car accident, and excess weight can cause the vehicle to roll over.

Contact a Denver Truck Accident Attorney from Mintz Law to Protect Your Rights

Commercial trucks are driven by professional drivers and are insured by commercial policies. The companies that employ these drivers and their insurance companies don’t want to be held liable, so it’s vital to contact a trusted truck accident attorney as soon as possible for help obtaining justice and fair compensation. If you or a loved one has been injured in an accident with a commercial vehicle, reach out to an experienced Denver truck accident lawyer from Mintz Law Firm to fight for you. 

At Mintz Law Firm, we have the compassion to empathize with those suffering from harm done by commercial truck drivers and will work tirelessly on your behalf. Our firm has represented victims of careless truckers in Colorado and recovered large sums due to our aggressive representation. Our team of attorneys is dedicated to achieving justice for all of our clients. For a free consultation, call (303) 462-2999 or complete our contact form today.