Vehicular accidents of any kind can be highly traumatic for those involved. Injuries sustained during a car accident can vary quite a bit, from minor to severe and life-long. However, with trucking accidents, it’s a slightly different story.
Due to the extreme size and weight of an average semi-truck, injuries tend to be on the severe end of that scale, more often than not. Unfortunately, deaths are also common following a trucking accident. For this reason, truck accidents can be especially devastating, whether you or a loved one was involved in one.
To make the situation even worse, some of the time, truck accidents are the result of a driver’s negligence. This means that these accidents are highly preventable, as are the severe injuries and deaths that occur as a result. If you or a loved one was seriously injured or killed in a semi crash, then you have a legal right to receive a fair settlement.
To ensure that you receive an adequate settlement following a truck accident, working alongside a highly trained Arvada truck accident lawyer is essential. A personal injury attorney will dedicate themselves to ensuring you receive the settlement you’re owed. If you’re in the Arvada, Colorado area, consider contacting the Law Firm of Jeremy Rosenthal for superior legal services.
How is a Truck Accident Different From a Car Accident?
To begin, as we have already touched upon, truck accidents tend to be deadlier than most other forms of vehicular accidents. In addition, it’s no secret that tractor-trailers are far larger than your average car. However, not everyone may even realize just how extreme this difference is unless you look at the math.
It is possible for a semi-truck to weigh as much as 25 times the typical car’s weight. This number is nothing short of staggering, and it serves to explain why truck accidents are so much deadlier than two-passenger vehicle crashes. Sadly, it will be the car driver who suffers most of the serious injuries in a typical trucking accident. If a party is killed in the truck accident, generally, it won’t be the individual driving the truck.
Still, that’s not all. What are some other significant differences between semi crashes and car accidents? Here is a couple.
Common Causes of Trucking Accidents Versus Car Crashes
First, it’s fair to say that trucking accidents can be caused by a more significant number of factors than an average car accident. The causes of typical car accidents are often more straightforward than a truck accident—although, of course, exceptions do exist.
Car accidents are commonly caused by pure human negligence on the part of one or more parties. Negligent driving comes in various forms, whether distracted driving, driving recklessly, or simply ignoring road signs and signals. Driving under the influence of drugs or alcohol is another common cause of car accidents and can be linked to human error and negligence.
While all of these are also factors in trucking accidents, there is still more to consider. For instance, keep in mind that the process of maneuvering a semi-truck is much different from controlling an average car. With trucks, it is a much more complicated process. Additionally, for a truck to complete a stop, it will require more distance than a typical car would. As such, truck drivers need to have sharper reflexes to stop an accident than someone driving a car. Semi-truck drivers also have a significantly larger blind spot.
Determining Liability in Truck Accident Claims Versus Car Crashes
When figuring out liability following a truck accident, there are typically more parties you’ll need to take into account. Even though car accidents often aren’t simple, at the end of the day, it is the negligent driver who will be deemed the liable party. Unfortunately, this becomes quite a bit more complex whenever you are dealing with trucking accidents.
Remember that most individuals operating a semi-truck are part of a company. Thus, this company is also a part of the case, rather than simply the parties involved in the crash. It is possible that a trucking company will be given a level of liability in a trucking accident. The truck driver and their employer are also likely to have different insurance coverage. Overall, this leads to several additional parties involved in the trucking accident claim, compared to a typical car accident.
Truck accidents are highly complex and can be challenging to navigate on your own. If you or a loved one was involved in a trucking accident, consider turning to the Law Firm of Jeremy Rosenthal in Arvada, Colorado.
How Frequent Are Colorado Truck Accidents?
Unfortunately, Colorado is likely at a higher risk of experiencing truck accidents compared to many other locations. Why is this? Well, it’s primarily a result of the interstates that run throughout the state and the significant number of snowy mountain passes. Both of these conditions lead to more opportunities for a trucking accident to occur.
According to data collected by the National Highway Traffic Safety Administration (NHTSA), the state of Colorado experienced a total of 97 fatal “large truck” accidents in 2019. This number is up from the prior year, where large trucks were involved in 89 fatal accidents in Colorado.
How Long Will a Trucking Accident Claim Take in Colorado?
It probably doesn’t come as a surprise to hear that this varies from accident to accident. As we’ve mentioned, a wide variety of factors can come into play during a trucking accident claim. As such, some truck accidents will be far more complex than others. Generally, when the claim is more complicated, it is likely to take a longer time—but even this isn’t a guarantee.
Still, truck accident claims will usually take far longer when a party works without an experienced attorney. The truth is, the world of personal injury law can become quite complicated and could be challenging to navigate by those without prior experience. This is just another reason why it is so essential to work with a truck accident attorney. Whenever your claim is guided by the expertise and knowledge of a personal injury lawyer, it will likely proceed faster than it would if you were on your own.
What Should I Do After Experiencing a Truck Accident?
Although the moments after a truck accident can be overwhelming, it’s important not to act on impulse and potentially damage your claim in the future. To start, don’t leave the scene, whether you were the party at fault or not. Allow yourself to be examined by any medical response team, and if necessary, allow them to transport you to the hospital.
An important step is to speak to a lawyer as soon as possible following the accident. More often than not, it won’t be a good idea to speak directly to any insurance providers before you have the legal aid of a personal injury attorney.
Often, the goal of insurance providers will be to prove that you were partially or fully at fault for the accident to give you the lowest possible compensation. If you don’t have any experience speaking to insurance companies in this context, then it is vital that you do so through an attorney. Unfortunately, it is all too easy to make a mistake that can severely damage your claim moving forward. Don’t take the risk.
In addition, hiring a lawyer after a truck accident can alleviate much of the stress you’re probably already experiencing as a result of your accident. You already have enough to worry about at a time like this, so take filing a claim off your plate of to-dos.
How Do I File a Colorado Trucking Accident Claim?
In the state of Colorado, the process of filing a trucking accident claim can be broken down into several important steps. These steps are:
- Before all else, you should hire a reliable truck accident attorney.Without the assistance of an experienced attorney, it will be far more challenging to start the process and build a strong claim. As soon as you bring in an attorney, they will be able to get right to work, doing everything in their power to strengthen your case.
They will conduct a detailed investigation of the accident, gathering any relevant information. This will often include police reports, street camera footage, witness statements (if applicable), and any other evidence that your attorney can uncover to support your case, earning you the best possible settlement.
- Next comes negotiations with those at fault, if possible.Once your truck accident attorney has built a strong case in your favor, they could opt to negotiate with those at fault; this could include a single party, or it could involve several parties. Your attorney will try to use these negotiations to help you receive a higher settlement.
- Finally, if you can’t agree, the claim will go to trial.Often, negotiations such as the ones described above fail to lead to an agreement. If the relevant parties cannot come to a settlement agreement, then the only remaining option is to take the claim to trial.
Fortunately, thanks to your truck accident attorney’s earlier investigative work, you should already have a solid case to back you up in court. However, if you hadn’t already hired a lawyer before this point, this is the stage when it becomes truly critical. It is rarely a wise idea to represent yourself in court, and doing so likely won’t result in the settlement you desire. On the other hand, a trucking accident lawyer will use their expert legal knowledge and experience to earn you the settlement you deserve.
The Statute of Limitations in Colorado
If you or a loved one was injured or killed in a truck accident, that it is vital that you don’t wait to file your claim. Not only will this lead to less potential evidence, but additionally, the state of Colorado has a statute of limitations on personal injury cases.
The countdown begins as soon as you experience a trucking accident. Three years from the day of your truck accident, you will no longer be eligible to file a claim against the other party or parties.
In nearly all instances, if you attempt to file a claim outside the window established by the statute of limitations, then your case will be immediately dismissed. Exceptions to the Colorado statute of limitations are rare and are only applicable in particular circumstances. For instance, if the individual was a minor at the time of the crash, their three-year window will not begin until they reach the age of majority. In addition, if someone endures an injury in a truck accident that wasn’t immediately discovered, it is possible for the window to begin at the date the injury was discovered.
Nonetheless, you should never rely on the possibility of being an exception to the Colorado statute of limitations. Most of the time, your claim will simply be dismissed.
How Do I Get a Crash Report in Arvada, Colorado?
If you’d like to prevent other parties involved in the accident from making unfounded claims, then you should consider acquiring a crash report. You could even be required to get a crash report due to Colorado law.
There are a couple of ways to go about getting this report. First, if there are police present at the accident scene, they will help you fill out a report. If you’d like to request a crash report at a later time, visit the Colorado DMV’s website.
Don’t File a Trucking Accident Claim Without an Arvada Truck Accident Lawyer
Following a trucking accident in the Arvada, Colorado area, you must get in touch with an attorney as soon as possible. Thankfully. The Law Firm of Jeremy Rosenthal is always ready to assist you in a time of need. If you would like to schedule a consultation, just contact the office through our site.