Englewood Truck Accident Lawyer
Truck accidents are motor vehicle accidents (MVAs) involving large commercial vehicles such as semi-trucks, big rigs, construction vehicles, and tractor-trailers. In 2020, 8.9% of vehicles involved in traffic crashes were large trucks, and 831 large truck occupants died in these crashes.
Although large trucks account for less than 9% of all vehicles in traffic crashes, only 5% of registered vehicles in the U.S. are large trucks. These numbers demonstrate that large trucks are involved in a disproportionately higher number of traffic accidents annually. Injuries may also be more severe because of the size of the vehicles involved.
Those injured in truck accidents need expert legal guidance because of the unique factors affecting truck accident lawsuits. Turn to our experienced Englewood truck accident lawyers to get the counsel you need after a truck accident.
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Who can be held liable for a truck accident?
Some may assume that the people driving vehicles are responsible for accidents. However, truck accidents are complex, and many parties could be liable after a truck accident.
Road maintenance agencies
An investigation could reveal road maintenance agencies failed to maintain a roadway, and their failure caused a truck accident. In that scenario, the road maintenance agencies could be liable for injuries or wrongful death stemming from the truck accident.
Cargo company
Many large trucks haul cargo. Depending on the type of cargo and arrangements in place, cargo companies may be responsible for packing cargo or securing the load to the driver’s vehicle. Failing to ensure the load is within the weight limit for the vehicle and failing to secure the load are some reasons the cargo company may be liable if their failures cause an accident.
Driver
Driver error is one of the common causes of truck accidents. Inexperienced drivers may make errors behind the wheel that cause accidents. In that case, the semi-driver may be liable.
Manufacturers
Manufacturers may be liable for accidents stemming from mechanical issues. Suppose a semi-truck manufacturer failed to meet safety standards and didn’t issue recalls alerting owners to mechanical defects. The mechanical defect causes an accident. In that case, truck accident victims could sue the manufacturer.
Trucking company
Suppose a trucking company owns a large truck involved in an accident. The truck company could be liable if their failure to maintain the vehicle caused or contributed to the accident.
Other parties
Other drivers involved in truck accidents could be liable if they caused the accident. Liability may also fall to a third party, such as a construction crew. Suppose a construction crew is constructing a building near a roadway and attaches siding without securing it correctly. A gust of wind blows the siding off the structure and onto the roadway. The siding hits a driver’s windshield, obscuring their view, and they’re in an accident. The construction crew could be liable if an investigation determines their failure to attach the siding correctly caused the accident.
Colorado also holds bartenders and bar owners liable if they supply alcohol to someone who’s then involved in a drunk driving accident.
How to prove liability after a truck accident
You can prove who’s liable for your truck accident by hiring a truck accident lawyer. Lawyers investigate their clients’ accidents to determine their causes and who was at fault. They can subpoena maintenance records and other documentation to determine if the trucking or cargo companies were at fault or if poor road maintenance was a factor.
Proving liability involves proving that the at-fault party failed to take appropriate actions and caused or contributed to the accident. The at-fault party must be guilty of negligence, which means they did not act the way the majority of reasonable people would under the same circumstances.
Compensation available for those injured in a truck accident
Truck accident victims can file claims and may be able to seek the following damages:
- Economic
- Non-economic
- Punitive
Economic damages
Economic damages reimburse victims for monetary expenses stemming from their accident. Any cost a victim incurs can be included. Common examples of economic damages include the following:
- Childcare costs
- Funeral and burial expenses
- Loss of income
- Medical expenses
- Property damage
Non-economic damages
Non-economic damages recognize that accident victims suffer pain and trauma. These damages provide compensation for the way an accident affects your life and can include compensation for the following:
- Anxiety
- Depression
- Grief
- Loss of intimacy
- Pain and suffering
- Trauma
Punitive damages
Punitive damages only apply to cases where gross negligence is a factor. Gross negligence applies to egregious misconduct or negligence. Suppose a truck driver is racing on busy roadways. Victims can argue their reckless actions justify punitive damages. Or if a trucking company hires inexperienced, untrained drivers and provides them with fake credentials, the trucking company’s reckless and illegal actions could justify punitive damages.
Truck accident injury statute of limitations
Every state sets a time limit for pursuing legal action. The time allotted depends on the case type. Colorado gives truck accident victims 36 months to take legal action. In some cases, Colorado extends the deadline. For example, the filing deadline for hit-and-run truck accidents causing death is 48 months. Courts may also extend the filing deadline for minors injured in truck accidents.
Contact Bachus & Schanker’s experienced truck accident lawyers today
Bachus & Schanker’s Englewood truck accident lawyers understand how truck accidents can be devastating and life-altering. Our Victim’s Advocates team investigates accidents and helps you access financial and personal support while resolving your case.
You don’t have to go through this alone. Bachus & Schanker will provide the legal support you need to ensure your case proceeds and will fight for you to get fair compensation after your truck accident.
Sources:
Distribution of vehicles involved in fatal traffic crashes in the United States in 2020. (2024).
Large Trucks. (2023).
Total number of occupants killed in U.S. road traffic in 2020, by vehicle type. (2024).
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Written and Legally Reviewed By: Kyle Bachus
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Kyle is a member of the Colorado and Florida Bar associations and has served on the Board of Directors of the Colorado Trial Lawyers Association for more than twenty years in total. Over the years, Kyle has achieved justice for many clients. He has served on numerous committees and repeatedly won recognition from his peers at both the state and national level. He is proud of the role he has played in the passage of state and national legislation to protect consumers and is a frequent speaker and guest lecturer.
