Colorado Springs Truck Accident Attorney
A Colorado Springs truck accident lawyer is an invaluable resource for anyone who has recently experienced a commercial truck accident in the area. These vehicle accidents tend to result in devastating injuries and involve more substantial damages than standard passenger vehicle accidents. If you want to recover from this type of crash as fully as possible, it’s crucial to find an experienced legal team you can trust with your case.
Large commercial trucks are common sights on Colorado roads, and many businesses in the Colorado Springs area rely on commercial truck drivers to deliver the goods and materials their operations need each day. While most drivers are used to seeing these large vehicles on a regular basis and encounter no problems, truck accidents can and do happen in the area, often with devastating effects. A truck accident is likely to be far more damaging than most other standard passenger vehicle crashes, and determining fault will be more challenging than it is in most other accident cases.
Representing Victims of Truck Accidents in Colorado Springs, CO
If you or a loved one is struggling with injuries suffered in a truck accident, it’s vital to speak with a Colorado Springs truck accident attorney as soon as possible to determine your best options for legal recourse. The Law Firm of Jeremy Rosenthal can provide the measured, responsive, and compassionate legal representation you need in your Colorado Springs personal injury claim. From an initial auto insurance claim against the at-fault driver’s insurance carrier to a complex personal injury case, our team has the skills and experience necessary to handle the toughest accident cases on behalf of Colorado Springs clients.
It is important to remember that the recovery process following a commercial truck accident may be similar to what you can expect following a standard car accident in Colorado Springs, but these cases tend to involve more complex legal issues and more substantial damages that you will be unprepared to address on your own.
Do not make the mistake of assuming you can handle your recovery efforts following a truck accident by yourself. Even if fault is perfectly clear to you and you believe you have a firm understanding of your damages, the right attorney on your side significantly improves your chances of success with all the recovery efforts you attempt. You’re not only more likely to succeed with your case but also more likely to maximize your total compensation.
Common Causes of Truck Accidents in Colorado Springs, CO
Large commercial trucks are vulnerable to the same risk factors facing all other vehicles on the road, but some of these risk factors are more dangerous when larger vehicles are involved. Additionally, the size, weight, and work requirements of most commercial trucks present a host of additional risk factors all drivers must understand. A few of the most commonly reported causes of large commercial truck accidents in the Colorado Springs area include:
- Speeding. Any time a driver speeds, they put themselves and others at risk, but speeding is especially dangerous for large trucks that require much more time and distance to slow down and stop in time to avoid collisions. Accidents are not only more likely to occur when a driver speeds but also more likely to cause catastrophic or fatal injuries to those involved. This is especially true for truck accidents caused by speeding.
- Distracted driving, which is the leading cause of all vehicle accidents throughout the country each year. Momentary distraction is more than enough to cause a devastating crash. Cell phone use behind the wheel is the most commonly cited form of distracted driving, and a good attorney can secure a defendant’s cell phone records to prove they were using their phone when the accident happened.
- Driving under the influence (DUI). It is illegal for any driver to operate a vehicle while intoxicated, and if a truck driver causes a DUI accident, they are very likely to face professional consequences and criminal charges along with liability for the victim’s civil damages. If a truck driver is intoxicated behind the wheel of their commercial vehicle, they are likely to lose their commercial driver’s license (CDL).
- Truck maintenance issues. Large commercial trucks experience far more wear and tear than most other passenger vehicles; therefore, they have stricter maintenance requirements. If the party responsible for truck maintenance fails to complete maintenance appropriately, they can face liability for an accident resulting from mechanical failure.
- Improperly secured cargo. A large truck with imbalanced cargo becomes highly susceptible to tip-overs and rollovers due to the vehicle’s higher center of gravity. The party responsible for packing a commercial truck may face liability for an accident that happens because of an imbalanced and/or unsecured load.
These are just a few of the most common reasons for truck accidents. Regardless of the exact cause of your recent truck accident, it is important that you speak with an experienced Colorado Springs truck accident attorney as soon as possible after your accident to have the best chance of recovering as fully as state law allows. The sooner you speak with an attorney, the sooner they can begin helping you build your case.
Determining Liability for a Colorado Springs Truck Accident
One of the most common complicated factors to arise in truck accident cases is vicarious liability, a term used to describe any situation in which an employer bears liability for the actions of an employee. For example, if a trucking company failed to perform a proper background check on a driver, failed to ensure proper training for the driver, or otherwise contributed to causing a recent accident, both the driver and their employer could share liability for the victim’s damages.
An experienced Colorado Springs truck accident lawyer can be an invaluable asset when it comes to gathering evidence to support your claim. You may need various types of physical and digital evidence as well as testimony from eyewitnesses and expert witnesses. Physical evidence from the scene of the crash, cell phone records, traffic camera recordings, and eyewitness statements are often crucial for proving fault in vehicle accident claims.
If your case involves anything highly technical and complex, your attorney may consult various expert witnesses to provide their professional insights. For example, an accident reconstruction expert will know how to recreate the conditions that caused the accident, assisting you in proving fault. If you have suffered severe injuries and are seeking substantial compensation, a medical expert can help validate this claim and explain how the defendant inflicted the harm.
Your Colorado Springs truck accident attorney will help you determine fault for your accident, which may rest on more than one party. Once you have identified the parties responsible for your damages, the next stage of your case is proving the exact scope of the losses the at-fault party caused. While the at-fault party’s auto insurance may provide some valuable initial recovery, a personal injury suit is likely to be your best option for recovering your losses when insurance alone cannot fully compensate you.
Comparative Liability in Accident Claims
One issue you must understand in your impending case is Colorado’s modified comparative fault rule. If an investigation reveals that a plaintiff is partially responsible for causing their claimed damages, they will lose a percentage of the case award won from the defendant to reflect this. Their fault threshold is 50%, after which they will be unable to recover compensation from any other liable party and will be personally responsible for their damages.
If a plaintiff is less than 50% at fault, their fault percentage will be subtracted from their final case award as a penalty. For example, if a plaintiff is seeking $500,000 in damages but is found to be 10% at fault, they would lose $50,000 of their case award. The more you are claiming in compensation from a defendant and the greater your fault percentage, the larger this penalty will be. Your attorney can help minimize any fault assigned to you.
Filing an Auto Insurance Claim for a Truck Accident
Your first option for recovering from a vehicle accident is filing a claim against the at-fault driver’s insurance policy. Every driver in the state must have personal auto insurance coverage, including commercial truck drivers and their employers. After you prove liability for your accident, you can proceed with filing a claim for compensation. However, you have a very limited time in which to do so and could face a host of complex issues in the claim filing process.
Your Colorado Springs truck accident lawyer can assist you with filing your claim, including the completion of your proof of loss forms and gathering the supporting documentation you will need to submit to the insurance company. If the insurance company pushes back against your claim, your attorney can be ready to resolve these problems and ensure you receive a fair settlement offer.
Trucking companies tend to have greater auto insurance coverage than average individual drivers, but this does not mean that you should assume insurance will fully cover your losses after a truck accident. These vehicle accidents tend to cause tremendous harm, and a personal injury claim will likely be necessary to ensure the fullest recovery possible.
Building a Personal Injury Claim in Colorado Springs, CO
Commercial truck accidents tend to cause extensive economic losses. Accordingly, you have the right to seek full repayment of any such financial losses the defendant caused in your personal injury suit. These are likely to include property damage, medical expenses, and lost income. Property damage is the most straightforward and can apply to vehicle repair or replacement costs, as well as the value of any personal property lost in an accident.
Medical expenses can include both immediate treatment costs following your accident as well as ongoing medical treatment costs for severe injuries. Your attorney can work with your medical care team to determine the scope of future treatment and rehabilitation you are likely to require to recover as much as is medically possible and hold the defendant liable for these anticipated future losses as well.
You also have the right to claim both immediate and future lost income. For example, you may be unable to work immediately following the accident due to the severity of your injuries, and if you have been permanently disabled by the defendant’s actions, they are liable for your lost future earning potential as well.
Beyond economic damages, plaintiffs in Colorado personal injury claims also have the right to seek compensation for their pain and suffering. However, this aspect of a vehicle accident claim is limited under state law, and the maximum amount of compensation available for personal injury plaintiffs’ pain and suffering increase each year to adjust for inflation. Working with an experienced Colorado Springs truck accident attorney is the best way to ensure you maximize this aspect of your case award.
The Law Firm of Jeremy Rosenthal seeks full compensation on behalf of each client’s total damages. We understand that you are likely to have many pressing legal questions in this situation and face a great deal of uncertainty when it comes to your recovery options. Our goal is to help you understand your case as clearly as possible and streamline your recovery efforts in any way we can.
Settlement Negotiations Versus Litigation in Truck Accident Cases
The majority of personal injury cases filed do not go to court. It benefits all parties involved to seek a resolution to a case through private settlement negotiations. This process is faster, less formal, and allows both parties to have more influence over the outcome of the case. However, both the plaintiff and defendant must be willing to compromise on mutually acceptable terms.
During settlement negotiations, the plaintiff and the defendant will meet privately with their respective attorneys to discuss terms for resolving the case. If settlement negotiations fail, or if a defendant refuses to settle, the case will need to go to litigation. This will take much longer to complete, and the final outcome of the case hinges on the judge’s discretion.
When you choose the Law Firm of Jeremy Rosenthal to represent your truck accident claim in Colorado Springs, we will aim to settle your case outside of court as swiftly as possible to reduce the time it takes for you to recover your damages. However, we are prepared to represent you in the courtroom if necessary.
FAQs About Colorado Springs Trucking Accidents
Why Should You Hire a Colorado Springs Truck Accident Attorney?
It may be possible to file a personal injury claim on your own, and you do not need to hire an attorney to file an auto insurance claim, but you face several significant risks in attempting to handle your recovery efforts on your own. Hiring legal counsel means you will be able to rest and recover with peace of mind instead of attempting to handle your legal affairs on top of your medical concerns. Additionally, your legal team will likely uncover recovery options you didn’t know were available to you.
How Much Does It Cost to Hire a Colorado Springs Truck Accident Attorney?
The team at the Law Firm of Jeremy Rosenthal strives to ensure our legal services are accessible to those who need them most, so we accept cases on a contingency basis. Our client pays nothing upfront and is not required to pay any ongoing legal fees for the duration of their case. Additionally, they are only required to pay a fee once we win their case, and their fee is a percentage of their final case award.
How Soon Should I Hire a Colorado Springs Truck Accident Attorney After an Accident?
Your first concern after any motor vehicle accident should be your medical condition, but once you have received emergency care for your injuries, you should reach out to legal counsel as soon as possible. The sooner you secure legal representation, the sooner your attorney can help you determine the best approach to your recovery efforts.
How Much Compensation Can I Receive for a Truck Accident Claim?
State law enables the plaintiff of a personal injury case to seek full repayment of all their economic losses, including property damage, lost income, and medical expenses. The plaintiff also has the right to recover compensation for lost future income and ongoing medical treatment costs for serious injuries. State law also allows plaintiffs to seek pain and suffering compensation, but this type of compensation is capped under state law.
Is It Worth Hiring Colorado Springs Truck Accident Attorneys?
While it’s understandable to be hesitant about the potential cost of your legal fees, the reality is that you stand to lose much more than an attorney would cost to hire if you tried to handle your case alone. The right attorney can easily make up for the cost of hiring them with the difference in the compensation they obtain on your behalf.
Contact Our Colorado Springs Truck Accident Lawyers Today
The Law Firm of Jeremy Rosenthal offers years of experience in Colorado civil law to victims of truck accidents in the Colorado Springs area. We take time to learn each client’s unique needs and concerns and help them identify every available avenue of recovery to enhance their final compensation. If you are ready to learn how a Colorado Springs truck accident attorney can empower your recovery efforts, contact us today to schedule a free consultation with our team.