On September 3, 2020, a crash between two trucks occurred in Aurora, CO, causing one individual to be transported to the hospital by ambulance and another to be flown in by helicopter with life-threatening injuries.
One of the trucks caught on fire during the incident and had to be extinguished by local fire crews. During this incident, fuel had leaked onto the roadway, which created a hazmat situation that needed professional clean up.
Truck accidents are common all around the country. Sadly, they often leave unanswered questions for all the parties involved. Whenever negligent or reckless actions result in a catastrophe, victims must work with an experienced attorney to hold the at-fault party accountable. Legal action can help victims get the resources they need to go on with their lives and provide an example for other drivers, so they are proactive in preventing future accidents. However, many ask, who is responsible when an accident like the one in Aurora occurs?
Who Has a Case?
One of the first steps in evaluating a truck accident case is determining whether the truck driver or any party was negligent. Truck drivers take on a great deal of responsibility on the road, and they must adhere to stringent safety measures that many automobile drivers don’t realize. They must follow the same traffic laws as any driver, but they must also follow a detailed set of regulations that work to prevent road hazards and detrimental accidents.
If you have never driven a truck, you may not realize that they have very large blind spots that other vehicles around them fall into. They also carry huge loads of cargo weight and require much longer stopping distances than typical passenger vehicles. Many times, truckers work long hours and may be at risk for drowsy driving. These factors combine to create a devastating experience for everyone involved if an accident occurs.
If you are involved in an accident with a truck, an experienced attorney will be able to discuss the details of the accident with you and help you to determine whether negligence was involved. A passenger vehicle driver involved in a truck accident may have a case if certain types of negligence such as aggressive driving, improper cargo loading, intoxicated driving, poor truck maintenance, drowsy driving, or distracted driving are involved.
Who Would Be Liable?
Once it is determined that negligence was a factor in an accident, the next question is who will be held liable for the damages. Is it the driver, the trucking company, or an insurance company? It could even be another party, like the business that loaded the truck. In most cases, the first step is to file a claim with the trucking company or truck driver’s insurance company. These companies are required to carry insurance to cover their drivers in the event of an accident. However, insurance companies often try to low-ball settlements and pay out as little as possible. As with any accident, the injured party should never accept a settlement from an insurance company without discussing the case with a skilled attorney who can ensure that the insurance company pays an adequate settlement.
If injuries and losses exceed the amount that the insurance policy covers, a personal injury claim can also be filed. Your attorney will move into the next phase of the case, called “discovery,” once these details are in place. Discovery involves collecting all of the evidence available to support your claim so that you can move forward with the legal claim. Depending on the details of the particular case, the driver, the trucking company, the truck manufacturer, and even this involved with truck maintenance and driver training may hold a certain degree of liability for an accident.
Why Would You Need a Truck Accident Attorney in Aurora?
If you are involved in an accident with a truck in Colorado, call our office. It is vital to seek the advice of a reputable truck accident attorney. The legal process can be complicated, and it involves many procedures and rules that you must follow to attain the compensation you deserve for your injuries.
Insurance companies are often difficult to work with on your own. They typically employ savvy adjusters who know how to get their clients out of liability, and some even place the blame on the injured party. In these cases, they often deny claims altogether or offer a settlement that is far below the amount that the injured party deserves.
If you have been involved in a traffic accident with a truck and don’t know how to proceed, the knowledgeable attorneys at the Law Firm of Jeremy Rosenthal can help you get the compensation you deserve. Visit our website today, or call (303) 536-8911 to schedule a free consultation.