Large trucks are essential to Colorado’s economy and the distribution networks of the United States, responsible for transporting billions of tons of cargo throughout the country each year. While many Brighton area drivers are used to seeing commercial trucks as they drive through the area, few are prepared to handle the aftermath of an unexpected accident. As a result, truck accidents can and do happen in Brighton, and they often cause more damage than standard passenger vehicle accidents.
Legal Representation for Truck Accident Claims in Brighton, CO
If you are injured in a truck accident, it’s crucial to know how you can recover and how to ensure accountability for the party responsible for the accident. Proving fault is an essential first step after any vehicle accident due to the state’s fault rule. Once you have proven liability, you can proceed with your recovery. However, you have the greatest chance of success with trustworthy legal counsel on your side.
The Law Firm of Jeremy Rosenthal has extensive experience handling a wide variety of personal injury cases in Brighton, including those that arise from commercial truck accidents. These cases are often more complex than other motor vehicle accident claims due to the difficult questions of liability they often raise and the scope of damages that many victims experience. Rest assured that if you choose our firm to represent you, we will do everything we can to streamline your case and maximize your recovery.
Proving Liability for a Commercial Truck Accident
Before a plaintiff in a truck accident claim can recover compensation for their losses, they must prove how those losses manifested and who is responsible for them. One of the most challenging aspects of some truck accident claims is “vicarious liability,” a term used to define any situation in which one party bears liability for the actions of another party, even if they appear to be disconnected from the situation in question. This most often applies to employers sharing fault for the damages caused by employees.
If a truck accident occurs because a trucking company failed to conduct a proper background check on a driver, failed to ensure appropriate driver training, or failed to uphold regulations applicable to their operations, they are likely to share fault for the damages. Your Brighton truck accident attorney will advise you as to whether this legal concept applies to your case and how it may influence your recovery.
Truck accidents happen for many of the same reasons that other motor vehicle accidents occur. Distracted driving, driver fatigue, speeding, and driving under the influence (DUI) are risk factors that all drivers face. However, due to their large size and specialized uses, large commercial trucks are also vulnerable to additional risk factors. For example, improperly loaded cargo could cause a truck to lose balance in transit and cause a crash. In addition, incomplete maintenance could lead to a mechanical failure that results in an accident.
Your Brighton truck accident attorney will assist you in gathering the evidence needed to firmly establish liability for your recent accident. This evidence may include testimony from any eyewitnesses who saw your accident happen firsthand, physical evidence from the scene of the crash, and digital evidence like cell phone records or traffic camera footage. It’s also possible to have expert witnesses weigh in on the complex details of the case with their professional insights.
Claiming Compensation for Your Damages in a Brighton Truck Accident Case
Recovery from most motor vehicle accidents begins with filing an insurance claim against the at-fault driver. Every driver must have auto insurance that meets the state’s minimum coverage requirements, and most trucking companies have coverage that exceeds these minimum requirements. However, this is not a guarantee that insurance alone will cover your damages or even that you can rely on insurance at all.
Your Brighton truck accident attorney will help you maximize the insurance claim settlement you win from the defendant, and if this is not enough to fully compensate you for your losses, you can proceed with a personal injury suit. Under Colorado law, the plaintiff in a personal injury case may seek repayment for any economic losses they suffered due to the defendant’s misconduct or negligence. Commonly cited economic damages in most civil claims in Brighton include property damage, medical expenses, long-term medical treatment costs, lost income, and lost future earning potential. State law also allows the plaintiff to claim pain and suffering compensation, but non-economic damages are capped.
It’s important to remember that if you bear any level of responsibility for causing the accident in question, this will be reflected in your final case award, and you will lose a percentage of your recovery. The state enforces the modified comparative negligence rule, meaning a plaintiff may still claim compensation for damages even if they are partially responsible for those damages. However, they lose a percentage to reflect their level of fault. As long as the plaintiff’s fault is less than 50%, they can still recover compensation, but their fault percentage is deducted from the final case award.
When you select the Law Firm of Jeremy Rosenthal as your counsel in a Brighton truck accident case, we will do everything possible to secure as much compensation as state law allows for your damages. We have successfully handled many truck accident claims in the past, and we are confident that we can guide you to a positive outcome for your impending truck accident case. Time is a critical concern for anyone intending to start a personal injury case of any kind in Brighton, so reach out to trustworthy legal counsel as soon as you have handled your immediate medical needs after the accident in question.
Truck Accident Lawyer FAQs
Q: When Should I Hire a Brighton Truck Accident Attorney?
A: The initial aftermath of any vehicle accident can be chaotic and stressful, especially one as potentially damaging as a truck accident. You should address your immediate medical concerns and then reach out to reliable legal counsel as soon as possible. Do not discuss a settlement with any insurance carrier before you consult an attorney, and do not attempt to start the civil claim filing process without your attorney’s assistance. Seeking legal counsel as soon as possible significantly improves your chance of reaching the optimal outcome for your recovery.
Q: How Can a Brighton Truck Accidents Attorney Help My Case?
A: When you have an experienced legal representative assisting with your truck accident claim, they will manage your legal affairs for you so you can focus on recovery. They will help you gather any evidence needed to prove fault for your accident and guide you through the insurance claim process. If insurance alone cannot compensate your losses, they will assist you in building a personal injury claim. You are not only more likely to win your case with an attorney’s help but also maximize your final case award as much as state law allows.
Q: How Much Is My Truck Accident Claim Worth?
A: The total value of your impending truck accident case depends on the scope and severity of your damages. Under Colorado law, you have the right to seek accountability for any and all economic losses you suffered because of the defendant’s actions. You may also seek compensation for pain and suffering within the limit set by state law. For an accurate estimate of the case’s potential value, consult an experienced Brighton truck accident attorney as soon as possible.
Q: What Percentage Do Most Truck Accident Attorneys Take?
A: Most personal injury attorneys accept clients on a contingency fee basis. This means the client does not pay any upfront fees for representation, nor are they required to pay ongoing fees throughout their proceedings. Instead, they part with a portion of their final case award as their attorney’s fee, and only if they win their case. A typical contingency fee is anywhere between 20% and 40% of the total case award, and the percentage an attorney charges typically depends on the complexity of the case.
Q: Is It Worth Filing a Truck Accident Claim in Brighton?
A: Do not undervalue your truck accident claim and miss your chance to recover your losses. It’s a common misconception that the cost of legal counsel will overshadow a case award for the average personal injury client. However, if you hire an attorney under a contingency fee agreement, you only pay legal fees once they win your case. A contingency fee is a portion of the total amount recovered, so your attorney is not only motivated to win your case but also to maximize your total compensation.
The Law Firm of Jeremy Rosenthal has experience helping clients throughout the Brighton area with all manner of personal injury cases, including truck accident claims. We know how challenging these cases can be for plaintiffs when it comes to proving liability and accurately assessing claimable damages. Our goal is to help you approach your recovery with peace of mind and maximize the compensation you win from the defendant who caused your accident. Contact us today and schedule a free consultation with our team to learn more about the ways an experienced Brighton truck accident attorney can assist you with your case.