Truck accidents can happen for many different reasons, including dangerous road conditions, improperly loaded cargo, reckless driving, and truck driver negligence. Unfortunately, truck driver negligence is a common and preventable cause of serious truck accidents that cause significant damages and losses to other nearby drivers. If a truck driver’s negligence played a role in a recent Denver area truck accident, anyone injured in the incident should know how this will come into play in subsequent legal proceedings.
When truck driver negligence is the clear cause of a trucking accident, any injured victims from the accident can take comfort in the fact that liability is obvious. They will likely have solid grounds for claiming damages against the negligent driver. The negligent truck driver may be liable for medical expenses, vehicle damage, lost income, and pain and suffering.
If you or a loved one recently suffered injuries and economic losses because of a commercial truck driver’s negligent or reckless behavior, the Denver truck accident attorneys at Law Firm of Jeremy Rosenthal can stand beside you and fight for your recovery through a personal injury claim.
Why Choose the Law Firm of Jeremy Rosenthal?
Attorney Jeremy Rosenthal and his team have extensive experience handling truck accident claims in Denver. We understand that liability isn’t always clear, but we have the practical experience to be able to identify the signs that truck driver negligence contributed to or directly caused a truck accident. If you want a Denver truck accident attorney who will thoroughly investigate every aspect of your case and pursue maximum compensation on your behalf, you can trust the Law Firm of Jeremy Rosenthal.
Our team will help you fully assess your claimable damages and gather the evidence you need to prove a truck driver’s negligence. In personal injury law, “negligence” refers to one party’s failure to exercise reasonable care in a given situation. Truck drivers operate some of the most dangerous vehicles on the road as their primary job duty, and they have a professional responsibility to drive as safely as possible. If they fail in this duty, they are liable for any resulting damages.
Examples of Truck Driver Negligence
Truck drivers operate vehicles that can weigh as much as 80,000 pounds and stand higher than 13 feet tall. Some of the most common examples of truck driver negligence that causes accidents include:
- Driving under the influence of alcohol or drugs. DUI is incredibly dangerous for any driver, but it is exponentially more dangerous for a commercial truck driver to operate a large truck under the influence. The legal blood-alcohol concentration (BAC) limit for commercial drivers in Colorado is .04%. An arrest for DUI while holding a commercial driver’s license will automatically result in a one-year CDL suspension. This can complicate future work opportunities significantly, and a second CDL DUI conviction will result in permanent revocation of a CDL.
- Fatigued driving. The Federal Motor Carriers Safety Administration (FMCSA) has enacted clear rules and regulations concerning acceptable hours of service for professional truck drivers. All drivers are limited when it comes to the number of hours they may drive consecutively and must take all required breaks and rest periods. A driver who pushes too far while tired runs the risk of falling asleep behind the wheel or failing to react in time to changing road conditions due to fatigue.
- Distracted driving. Truck drivers must be alert and vigilant at all times while driving for work. Using a cell phone, taking their eyes off the road, or eating behind the wheel are all examples of distractions that may quickly cause serious accidents.
- Moving violations. Commercial truck drivers must follow posted speed limits, signs, and traffic signals, just like every other driver on the road. Failing to comply with traffic laws can easily cause a serious accident. A few examples of this might include failing to signal for a lane change or turn, failing to yield the right-of-way, sudden lane changes, or driving at inappropriate speeds.
- Compliance violations with state or federal trucking regulations. All truck drivers and their employers must abide by FMCSA rules as well as all of the federal and state-level laws pertaining to commercial truck activity in Colorado. When a driver fails to follow a known regulation to save time or increase their earnings, they may cause an accident and will bear liability for any resulting damages.
- Using a commercial vehicle for personal reasons. Most trucking companies do not allow their truck drivers to use their commercial vehicles for personal reasons. If a driver has such an agreement but causes an accident in their truck while off the clock, the driver could face civil liability as well as professional consequences for violating their employer’s personal use policy.
These are only a few examples of how a truck driver’s negligence can lead to a serious accident. If you recently sustained injuries and economic damages due to any kind of truck driver negligence, a Denver truck accident attorney can help you prove negligence and secure compensation for your losses in a personal injury claim.
Vicarious Liability in Truck Accident Lawsuits
Most truck drivers work as employees of trucking companies. In the event that a truck driver causes an accident and their employer is in any way responsible for their negligence or error, the legal concept of vicarious liability may come into play. For example, if a trucking company failed to check a truck driver’s criminal history and the driver had a previous DUI conviction and then causes a drunk driving truck accident, the company may be vicariously liable for the truck driver’s actions since they failed to perform an adequate background check as required by law.
Vicarious liability may also come into play if the driver’s employer did not properly train them for their job duties or if the company sent a new driver on a complex assignment without the requisite practical experience. It’s not uncommon for a personal injury lawsuit for a truck accident claim to name multiple defendants when vicarious liability is a factor.
Seek Legal Counsel Right Away
The complexities that can arise concerning liability for a trucking accident are just one reason to seek legal representation as soon as possible for a truck driver negligence claim. A Denver truck accident lawyer can help you determine your best options for legal recourse after sustaining losses from truck driver negligence. Whether the truck driver fell asleep at the wheel or operated their truck under the influence, if you sustained losses due to their negligent behavior, you are legally entitled to compensation under Colorado law.
Our truck accident attorneys in Denver have the professional experience to identify and address incidents of truck driver negligence and hold negligent parties accountable for the damages they cause. Contact our firm today and schedule a complimentary consultation with an experienced Denver truck accident attorney.