Truck accidents can happen for many of the same reasons that all other motor vehicle accidents happen. Negligence or intentional misconduct behind the wheel can easily result in a devastating accident, but accidents involving large commercial trucks tend to be particularly damaging to those involved. These accidents are also likely to generate more complex issues of liability than most other vehicle accidents.
Experienced Legal Representation for Truck Accident Cases in Adams County, CO
If you are harmed in a truck accident that someone else caused, an Adams County truck accident attorney is the ideal resource to consult to determine your options for recourse. Your attorney can help navigate the complex aftermath of your accident and guide you through the steps you must take to recover your losses. The Law Firm of Jeremy Rosenthal has extensive professional experience handling these and other personal injury claims in Adams County, and we are confident in our ability to guide you through your impending civil suit.
Proving Liability for an Adams County Truck Accident
Colorado upholds the fault rule for all motor vehicle accidents. This means that before you can obtain any type of compensation for your recent truck accident, you must prove exactly how the accident happened and accurately identify those responsible for it. Proving liability may seem straightforward, but when it comes to truck accident cases, it can be more difficult than the average person might expect.
The legal issue of “vicarious liability” often arises in truck accident claims. When a truck driver’s employer bears responsibility for the actions of their employee, vicarious liability applies, and both parties share fault for the damages. For example, if the trucking company failed to enforce applicable industry regulations and their driver’s noncompliance with those regulations caused an accident, this would be an example of vicarious liability.
Common causes of truck accidents include distraction behind the wheel, speeding, and driving under the influence (DUI). When an accident happens from negligence, the plaintiff must prove the defendant’s lack of reasonable care resulted in actual harm to succeed with their claim. On the other hand, if an accident results from intentional misconduct, the state will likely file criminal charges against the defendant, and their criminal case will unfold alongside a civil suit from the victims of their actions.
Your Adams County truck accident attorney will support your case by helping you gather the evidence needed to prove fault beyond any doubt. This may include digital records like traffic camera footage or cell phone records, eyewitness statements, physical evidence, and input from expert witnesses who can explain the complex details of the accident in clear detail.
Claiming Compensation for a Truck Accident in Adams County
Under state law, all drivers are required to have auto insurance that meets the state’s minimum coverage requirements for property damage liability and bodily injury liability. Therefore, recovery from any motor vehicle accident usually starts with a claim against the at-fault driver’s insurance. When you select the Law Firm of Jeremy Rosenthal as your legal counsel, we will guide you through the claim process and help you secure as much compensation as possible from the at-fault driver’s insurance policy. In addition, if any disputes arise with their insurance carrier, we can resolve these issues for you.
Once you have exhausted your recovery options through insurance, the next step in your recovery will be a personal injury claim against the at-fault driver. You can seek compensation for both economic and non-economic damages with your personal injury claim. These may include:
- Medical expenses for treatment of your injuries. If the defendant caused physical harm, they are liable for all the medical treatment you require to heal as fully as possible from your injury. This includes both immediate and future medical expenses.
- Lost income. When you cannot work because of the injuries you suffered, the defendant must replace the money you could not earn during this time. Your attorney can also help you calculate lost future earning capacity if the accident leaves you permanently disabled and you cannot return to work in the future.
- Property losses. Your insurance claim may cover some of your vehicle repair costs, but any remainder can be sought from the defendant in your personal injury suit.
- Pain and suffering. Colorado allows the plaintiff in a personal injury case to seek compensation for the pain and psychological distress they experienced because of the defendant’s actions. However, state law caps pain and suffering in most personal injury cases.
There is also a possibility for other factors to influence your recovery. For example, if the defendant caused your injuries through illegal misconduct and is criminally charged, you could receive punitive damages or restitution alongside your other claimed compensation.
Most personal injury claims end in settlement as the private settlement negotiation process enables all parties involved to avoid the stress and expense of protracted litigation. However, if the defendant refuses to accept responsibility for your damages or if other complicating factors arise, litigation may be unavoidable. In either case, the Law Firm of Jeremy Rosenthal is prepared to provide the comprehensive legal support you need to recover from your truck accident.
Your truck accident case in Adams County could be worth much more than you had expected, but to have the greatest chance of success with your recovery, you need trustworthy legal counsel to guide you through the complex proceedings ahead of you. The Law Firm of Jeremy Rosenthal has years of professional experience in personal injury law, and we approach every new case with the goal of maximizing our client’s recovery to the fullest extent possible under state law. The sooner you connect with our team, the sooner we can begin guiding you toward the recovery you deserve.
Truck Accident Lawyers FAQs
Q: Is There a Time Limit for Filing a Truck Accident Claim in Adams County?
A: Colorado’s statute of limitations for most personal injury cases is two years, but you have a much shorter timeframe in which to start an auto insurance claim after an accident. You must at least notify the at-fault driver’s insurance carrier of your intent to start a claim within a day or two of your accident but refrain from discussing a settlement until you have an attorney working on your case. Ideally, you should contact a trustworthy attorney as soon as possible after addressing immediate medical issues following your accident.
Q: Can I Claim Compensation for a Truck Accident if I’m Partially at Fault?
A: Yes, under the comparative negligence law, a plaintiff may claim compensation, even when they partially caused the damages. However, if their fault is more than 50%, they will not be able to make a claim. Any fault percentage under 50% will be deducted from their case award to reflect their shared liability. If their fault percentage exceeds 50%, they cannot claim compensation.
Q: How Long Does a Truck Accident Case Take to Resolve?
A: The insurance claim you file after a truck accident may take a few weeks to resolve, but if you intend to start a personal injury case, it will take longer. The time your unique case takes to resolve depends on whether the defendant accepts liability for the incident or disputes your claim. Additionally, the amount of compensation you are claiming can also lead to more extensive proceedings that take longer to conclude.
Q: How Much Is My Truck Accident Case Worth in Adams County?
A: The total value of your claim depends on the range of damages you suffered. Under state law, you have the right to claim full compensation for all economic damages, and you can recover these through an auto insurance claim and a personal injury suit. You can also seek pain and suffering compensation from the defendant, but Colorado limits non-economic damages in personal injury cases. Your Adams County truck accident attorney can offer an estimate of the total value of your claim.
Q: What if I Can’t Afford a Lawyer for My Truck Accident Case?
A: You do not need to be concerned about the possible cost of an attorney when you select the Law Firm of Jeremy Rosenthal to represent your truck accident case. We take clients on contingency, so you do not pay anything up front, nor do you pay fees for the duration of the case proceedings. We take a portion of the case award we win for you, but only if we win. If our team cannot obtain compensation for your damages for any reason, you don’t pay anything, so you risk nothing by hiring our team in a truck accident case.
The Law Firm of Jeremy Rosenthal excels at handling complex personal injury claims in Adams County and throughout the state. We have cultivated a solid professional reputation as a top choice for personal injury representation in the area due to our commitment to client-focused legal counsel. When you choose our firm to represent you, we will do everything in our power to get you the biggest award for your recovery as fast as possible. Contact us today to schedule your free consultation with an Adams County truck accident attorney and learn more about the legal services we offer.