Dealing With The Aftermath Of A Truck Accident

Tractor-trailer drivers and the trucking companies they work for owe the public a duty to operate their vehicles with reasonable care. Unfortunately, truck accidents still happen in the Denver area; often, people in much smaller vehicles are hit and badly injured. They are permanently disabled or killed because of a trucker’s negligence.

Beem & Isley, P.C., is a personal injury law firm serving the Denver, Colorado, metro area. Our dedicated attorneys have spent several years representing victims of semi-truck accidents. We will guide you through the process of making a claim against the trucking company responsible for your accident and make sure you do not receive less than a fair settlement or verdict.

Founding attorney Clifford L. Beem has successfully litigated against virtually every insurance company and personal injury defense firm in Colorado since he began practicing law in 1968. Our attorneys are some of the most respected and experienced in the state. No matter how serious or complicated your case seems to be, give us a call at 303-894-8100 or email us to schedule a free initial appointment.

Holding Reckless Trucking Companies Accountable

Professional truck drivers are frequently put under tremendous pressure to make deliveries sooner than is reasonable. As a result, some truckers compromise traffic safety. Common causes of truck accidents we have litigated include:

• Driver fatigue from working too many hours without sleep
• Impaired driving due to drugs or alcohol
• Inexperienced or undertrained drivers
• Speeding and other traffic violations

When you meet with one of our attorneys, he or she will carefully listen to you as you describe what happened. Our team will investigate the accident to determine who is at fault. Remember, a trucking company can be liable for your injuries if its actions contributed to your crash. For example, a business that hired a driver with a history of traffic violations or failed to ensure a driver was properly trained would be responsible.

Do Car And Truck Accident Claims Differ In Colorado?

A truck accident and a car accident are both motor vehicle accidents, and in that way, they are extremely similar. The personal injury and insurance mechanisms are almost identical; they will be heard in the same venues, and you’ll pursue many of the same damages. However, there are many unique aspects to a truck accident that you do not always experience in other car accident claims:

Federal Restrictions On Drivers

The federal government and many state-level governments, including Colorado, place considerable restrictions on how long drivers may operate their vehicles. Federal laws dictate mandatory break periods; Colorado limits the number of days drivers can work for 10 hours, the number of hours in a shift, the insurance requirements and even laws requiring mud flaps.

The intention of these laws on operator rest and truck equipment is to minimize dangerous accidents. Violations of those laws are evidence for your case.

Complex Liability Chains

In most personal injury cases, liability could potentially be split into two even shares: two drivers, with complete liability for the vehicles they are in, equally at fault for an accident. However, the responsibility of a commercial vehicle is spread across multiple entities, including:

• The truck driver
• The shipping company
• The warehouse that stocked the truck
• The maintenance servicer

These different groups can all contribute to the accident and create a significant change in how we litigate the case. Our goal is to hold the responsible party accountable, but it can be a serious challenge to know who that responsible party is. We’ll go into more detail on this topic below.

Serious Injuries

More than any other type of motor vehicle accident, trucking accidents tend to be the most damaging and lead to the most catastrophic injuries. Commercial vehicles outstrip everything else on the roads in terms of weight and power. The violence and force of an accident – even a seemingly minor occurrence – cannot be overstated.

Commercial trucks can easily total another vehicle, leading to devastation for the passengers and drivers. These lead to major cases – up to and including wrongful death cases – and they are not simple to resolve.

What Are The Causes Of Truck Crashes?

Like other motor vehicle accidents, truck crashes could be caused by distracted, drowsy or drunk drivers. They could also be caused by improperly trained drivers, equipment that is not properly maintained or poorly secured loads. It is not uncommon for trucking companies to cut corners on truck safety, which is why brakes may malfunction or tires may blow out on the highway.

Establishing negligence after a trucking accident can be difficult, however, because trucking companies and their insurers will arrive at the crash scene as soon as possible to seize accident evidence. Reaching out to our attorneys as soon as you are able can help us secure this valuable information.

Are Truck Drivers And Their Companies Governed By The Same Laws As Noncommercial Drivers?

No. Truck drivers are required to adhere to higher standards.

For example:

• Truck drivers are limited to the number of hours that they can drive each day.
• They are required to take breaks as well.
• They must maintain a record of each day’s time behind the wheel.
• They must show that they are physically capable of driving for an extended period by passing a doctor’s exam.

The penalties for not complying with laws and regulations can be severe, which is another reason trucking companies vigorously challenge accident claims.

How Long Do You Have To File A Truck Accident Claim?

In all personal injury claims involving motor vehicles in the state of Colorado, you have three years from the accident to file a lawsuit. There is an exception to this rule, which revolves around the discovery of the injury.

Not every injury that a person suffers is immediately known. Sometimes, an internal injury can take time to develop. If you don’t find the injury immediately after an accident, it can become difficult for your medical team to find the cause. It’s not difficult to find medical mysteries that last for years. However, once you discover that the truck accident that you thought you’d been lucky enough to walk away from unscathed is the source of your ongoing medical woes, you can take action.

Despite how much time you may have to file a suit or the exceptions built into the system, there is no point in waiting to file for compensation. Your injury demands compensation, no matter how small. However, the likelihood of a minor injury after a truck accident is not great. More often, due to the size and power of the truck, you will have significant damage.

How Long Will Your Case Take To Settle?

In the previous section, we wrote about the time limits Colorado places on people to initially file their lawsuit. However, the time to file is not the time it will take to resolve any single claim. Claims can last for years before they find a resolution, and there are many important reasons for that:

• Appeals: Appeals are an opportunity to revisit a part of a trial found to be controversial in some way. It could be to examine a possible ruling error by the judge or malpractice on the part of one of the attorneys. Often, appeals seek to clarify a part of the law that may be relevant. Some insurers and trucking companies may use appeals as a form of delay tactic.
• Delay tactics: Insurance companies do not want to pay for the injuries that their insureds are liable for because it costs them money. Their one and only goal is to spend as little as possible, no matter what. That means they employ many tactics to delay your case, hoping that you will abandon it.
• Courtroom access: Simply getting into the room before a judge can take time. The American legal system – especially the civil trial system – is always busy. Finding time before a judge can take months or longer.

These are all factors that can lengthen the trial you may go through. However, trial is not your only option.

We can pursue a settlement for your injury, which is typically much faster than traditional litigation. Your settlement may come through negotiation or mediation, but whatever the venue of the settlement, you will receive compensation. That settlement can happen at any time; however, it is important to know that seeking a fast resolution may also play into the insurance company’s hands. Early settlement may be a way to extricate them from the long-term outcomes of their injuries.

We discuss the settlement and trial options with each of our clients, ensuring they have clarity and understanding of the stakes and options. We work with you to create a plan and strategy and pursue the outcome that you deserve.

Who Is Liable For A Tire Blowout In A Trucking Accident?

In a previous question, we mentioned the complexity of liability chains in commercial truck accidents, but in this question, we’ll look at liability in a concrete way through the example of a tire blowout. Tire blowouts are some of the most common trucking accidents that exist, and you can see evidence of them regularly: From strips of tire tread on the side of the road to the multiple wheels under the back of every semi.

Tires on tractor-trailer vehicles must withstand enormous pressure and go for extreme numbers of miles. But when they fail, there are many possible reasons for the failure, such as:

• Drivers: Drivers are meant to follow specific routes and rules for operating their vehicles. Tire safety is one reason for this, as certain roads – dirt roads, gravel areas and unpaved areas – can lead to greater wear and tear on tires. Additionally, they must make safe choices even on proper roads to avoid placing too much stress on the wheels they have. If they fail at that, they may be responsible for the blowout.
• Trucking companies: The shipping company that employs the driver is the ultimate owner of the vehicle – and the tires it rides on. If the driver makes a mistake on their route, was it due to their error, or was their error due to inadequate training? Was the route mandate of the shipping company inappropriate? Did the company perform proper maintenance on the tires?
• Tire manufacturer: While tire maintenance falls with the shipping company that owns the tire, the manufacturer of the tires must provide a working, acceptable product. No amount of maintenance can overcome a defect in the tire. If the manufacturer provided inadequate tires or rated them incorrectly, the liability may fall on the tire manufacturer.
• Loading company: Trucking companies maintain vehicles and schedule deliveries; they do not hold any material on their own. They are contracted out to make these deliveries, and those who contract them must properly pack and load the vehicle. If they violate weight limits, that can place extra strain on the tires, creating a greater chance of a blowout.

While a compelling case could be made for any one of these parties to have a responsibility, liability may instead be spread among them as well, meaning that your compensation may have to go through many filings and face many hurdles.

What Happens If The Trucking Company Denies Liability For Your Crash?

Denials are the first line of defense for every trucking and shipping company when it comes to a serious injury. We spoke about how aggressively trucking companies and insurers fight against possible liability in these accidents. And when the denial happens, it can feel like a major setback.

However, denials are part of every personal injury claim. With decades of experience in personal injury fights, we understand this aspect of the process well and are well-resourced to answer. When companies reject insurance claims, the next place to go is the courtroom.

The willingness to stick with a case as long as necessary is vital to recovering compensation. Even if your case eventually ends in a settlement, it is not in your interest to make that your goal at the outset. We always present a strong front and create compelling legal arguments to pursue what you deserve.

It may take time; it may be difficult. However, your case and injuries are worth the time and challenge that may go into them.

Hurt By A Semi Truck? Tell Us About It. Free Case Review.

Beem & Isley, P.C., at 303-894-8100 or email us to schedule a free consultation with one of our lawyers. Our office is in downtown Denver, and we are available for home visits as well as evening and weekend appointments.