Large trucks are common sights on Douglas County roads, responsible for transporting goods and materials throughout the state every day. Many local businesses and communities depend on commercial trucking, and most drivers encounter big commercial trucks while driving without any issues. But, unfortunately, truck accidents do happen, often with catastrophic results.
Compassionate Legal Advocates for Victims of Truck Accidents in Douglas County, CO
If you recently experienced a truck crash in Douglas County, it’s likely that the event has caused tremendous economic damage as well as physical injuries. Many people who experience truck accidents suffer substantial losses, sometimes including permanent physical disabilities and long-term economic strain from an inability to work. If you are struggling in the aftermath of such an accident, it is crucial to know your options in terms of recovering your damages.
A Douglas County truck accident attorney is an essential asset in this situation. The right legal team can provide comprehensive legal representation for all stages of your truck accident case, likely helping you recover far more compensation than you could have managed on your own. The Law Firm of Jeremy Rosenthal has years of professional experience handling personal injury cases in Douglas County, including this type of case, and we can leverage this experience on your behalf in your impending truck accident claim.
Proving Fault for a Truck Crash in Douglas County
Before you can recover any compensation for losses you sustained in a truck crash, you must be ready to prove how the accident happened and identify the driver or drivers responsible for causing it. This is easier in some cases than others, but no matter what your case entails, an experienced Douglas County truck accident attorney is an invaluable asset for all your recovery efforts.
Your legal team will help you complete the first essential step in your recovery process, which will be to prove how your accident happened. A few of the most commonly cited causes of truck accidents in Douglas County and throughout the state include:
- Speeding. This is dangerous for any driver, but especially so for a commercial truck driver. Speeding significantly reduces the time and distance a truck driver has to slow down or stop to avoid a crash. Speeding also increases the severity of any injuries, and catastrophic or fatal injuries are more likely when truck accidents happen at high speeds.
- Truck driver negligence. Commercial truck drivers have a higher duty of care to prevent crashes than most other drivers. When a truck driver is negligent in any way, their employer could share liability for the resulting damages. Vicarious liability applies whenever an employer is responsible for their employee’s actions due to failure to perform a background check, verify employee credentials and training, or any similar issues.
- Improperly loaded cargo. Large trucks carrying heavy loads must be balanced, meaning they need to be packed correctly. If a large truck’s trailer is off-balance, it could cause a tip-over or rollover accident if the driver needs to make a sharp turn. Special cargo like lumber, construction materials, and other large items must also be secured correctly to prevent them from dislodging and causing accidents in transit.
- Driving under the influence (DUI) of alcohol and drugs. This is illegal for any driver, but a truck driver who causes an accident because of a DUI faces even harsher penalties than a typical individual driver. They could lose their commercial driver’s license (CDL) and be forced to find alternative work in addition to their liability for the victim’s civil damages and criminal penalties from the state.
- Trucking industry regulation noncompliance. The trucking industry is heavily regulated at the federal level. Any violation of hours of service rules, truck maintenance requirements, or other regulations can lead to penalties for both the driver and their employer, along with civil liability for all resulting damages.
- Distracted driving. Throughout the United States, distracted driving is the leading cause of all motor vehicle accidents reported each year. This includes truck accidents, and a Douglas County truck accident attorney is the ideal asset for an accident victim who must prove that an at-fault driver was distracted behind the wheel.
It’s possible for many forms of negligence or intentional misconduct behind the wheel to result in a devastating truck crash in Douglas County. When negligence caused your recent accident, you must prove the defendant held a duty of care that they violated in a manner resulting in your damages. Additionally, you must be prepared to prove the defendant not only caused actual harm but also prove the full scope of the harm they caused. When you choose the Law Firm of Jeremy Rosenthal to represent your truck accident case, we will do everything we can to help you streamline this process and firmly establish the defendant’s liability.
In the event your accident resulted from illegal misconduct of any kind, the state is likely to file criminal charges against the defendant. Their criminal court proceedings could interact with your civil case in several ways, and your Douglas County truck accident attorney can provide detailed guidance as to what you should expect if this applies to your situation.
Claimable Damages in a Truck Crash Case
Your first option for recovering your losses from a vehicle accident someone else caused is an auto insurance claim. Every driver in the state must have auto insurance that meets the minimum coverage requirements set forth by state law, and this includes commercial truck drivers as well. The at-fault party may have expansive insurance coverage, but dealing with insurance companies can be very stressful if you do not have legal counsel you can trust to assist you with the process.
Your Douglas County truck accident attorney can file your insurance claim and ensure the insurance carrier handles the claim in good faith. In addition, if any disputes arise, your attorney will know how to address them, ensuring you receive a fair settlement. While you have a much better chance of maximizing your insurance claim payout with an attorney representing you, even an expansive insurance policy may not fully cover your damages. In this case, you must file a personal injury case against the defendant to recover your remaining losses.
Claimable Personal Injury Damages in a Douglas County Truck Accident Case
Colorado law allows the victim of a personal injury to seek several types of compensation from the defendant who injured them. First, state law enables the plaintiff to claim full repayment of all the economic losses the defendant caused. These typically include:
- Property damage, such as vehicle repair costs and the cost of any personal property lost in the accident. Insurance may cover some of these damages, but any remainder can be recovered through a personal injury case.
- Medical expenses. When the defendant has caused physical injuries to the plaintiff, the plaintiff can seek full compensation for any and all treatment costs they incur as a result of their accident. This includes both immediate care and any ongoing medical treatment they need to attain maximum medical recovery.
- Lost income. The victim of a truck crash could be left without the ability to work until they recover from their injuries. Your Douglas County truck accident attorney can help ensure the defendant is held appropriately accountable for lost wages and the value of any vacation time you were forced to use after your accident.
- Lost future earnings. Unfortunately, some truck accidents cause devastating physical injuries resulting in permanent inability to work. If you cannot return to your job due to the severity of the harm the defendant inflicted on you, your attorney can help recover compensation for any future income you are no longer able to earn.
Once you have experienced legal counsel assisting you with calculating your claimable economic damages, you may be surprised to learn that the case is worth much more than you initially expected. However, you also have the right to claim pain and suffering compensation. This will reflect the severity of the physical injuries inflicted on you and the extent of their long-term effects. Colorado law limits pain and suffering compensation in most personal injury cases, but the right Douglas County truck accident attorney will assist you in recovering as much pain and suffering as possible under state law.
When you choose the Law Firm of Jeremy Rosenthal to represent you in a truck crash claim, we will carefully explain all the legal mechanisms in play and what you can expect during your impending proceedings. Of course, every case is unique, and every plaintiff will face different challenges as they seek compensation for any truck accident damages. However, rest assured that whatever your individual case entails you will have a responsive legal advocate ready to answer questions, address concerns, and provide detailed guidance through every phase of your recovery efforts.
Semi-Truck Accident FAQs
Q: How Long Do I Have to File a Truck Crash Claim in Douglas County?
A: The state imposes a two-year statute of limitations on personal injury cases, meaning you have two years from the date your truck accident happened to file a personal injury case against the driver responsible for causing it. However, your first step in recovering from the incident is likely to be an auto insurance claim, and you have a much shorter window in which to file this claim, typically only a few days. Therefore, it’s best to consult legal counsel you can trust as soon as possible after your accident occurs to have the best chance of recovering compensation.
Q: What Happens if I’m Partially to Blame for My Accident?
A: If you bear any partial liability for your recent truck accident, you will lose a percentage of your case award to reflect this shared fault under the state’s comparative negligence law. The judge that reviews your claim will assign you and the defendant respective fault percentages to reflect each party’s level of liability for the accident. As long as the plaintiff’s fault percentage is under 50%, they can recover damages. However, their fault percentage will be the portion of their final case award they will lose to reflect their shared liability.
Q: How Much Is My Truck Accident Claim Worth in Douglas County?
A: The total value of any personal injury case depends on the scope of the damages the plaintiff suffered due to the defendant’s actions. When you have the right attorney handling your case, you should expect to recover the full amount of your economic losses along with pain and suffering compensation to account for the severity of your injuries. Your Douglas County truck accident attorney can offer an estimate of your claim’s total potential value.
Q: Will the At-Fault Driver Go to Jail for Injuring Me?
A: Criminal charges against the defendant responsible for your accident are likely if they caused the accident through any form of illegal misconduct. Driving under the influence of alcohol or drugs, intentional reckless driving, and other illegal activities are likely to lead to a criminal case from the state alongside your civil claim for damages. Your legal representative can explain how any such factors could influence your recovery.
Q: How Much Does a Douglas County Truck Accident Attorney Cost to Hire?
A: The Law Firm of Jeremy Rosenthal accepts personal injury clients on a contingency fee basis, meaning there are no upfront legal fees for our representation. Instead of taking ongoing legal fees during your case, we take a percentage of your final case award as our fee, but only if you win. If for any reason our firm is unable to secure compensation for you, you pay nothing, ensuring there is no financial risk to you by hiring our firm to represent you.
The Law Firm of Jeremy Rosenthal has substantial professional experience with all types of personal injury cases, including truck accident claims. We know the legal challenges these cases often present to plaintiffs and their families and the obstacles you are likely to face in seeking compensation. If you’re ready to learn how an experienced Douglas County truck accident attorney can empower your recovery efforts, contact us today and schedule a free consultation with our team.