Big commercial trucks are essential to Colorado’s economy, and many businesses in the Fort Collins area rely on commercial truck drivers to ship and deliver essential goods and materials every day. Unfortunately, truck accidents can and do happen, often with catastrophic damages that far exceed those seen in standard passenger vehicle accidents. Additionally, truck accidents tend to raise more challenging legal questions for those involved.
Helping Victims of Truck Accidents in Fort Collins Recover Their Damages
If you recently experienced a truck crash in the Fort Collins area due to the negligence or misconduct of any other party, you likely have grounds for legal recourse against the party responsible for the crash. A Fort Collins truck accident attorney is the ideal asset in this situation, and their legal guidance will assist you in recovering as fully as possible from the damages you suffered.
The Law Firm of Jeremy Rosenthal has helped many past clients recover from damaging truck accidents, and we can put this experience to work for you. We have successfully represented many personal injury cases in Fort Collins and know the challenges you will face in your recovery efforts. However, the sooner you reach out to legal counsel you can trust, the more likely you are to successfully recover as much compensation as state law allows.
Proving Liability for a Truck Crash
Before you can secure any type of compensation, you must prove the cause of the accident and identify the party or parties responsible for causing it. The right attorney can make this easier for you by helping you gather evidence such as vehicle computer records, cell phone data, traffic camera footage, and more. You could also leverage eyewitness testimony in your favor if other parties saw the accident happen in real-time.
A few commonly cited causes of commercial truck accidents in the Fort Collins area include:
- Distracted driving, which is the leading cause of all vehicle crashes in the country each year.
- Driving under the influence (DUI), which is illegal and will lead to criminal prosecution of the at-fault driver.
- Speeding, which not only increases the likelihood of an accident but also its severity.
- Moving violations, or any behavior that disrupts the flow of traffic.
- Reckless driving, or intentional disregard for the safety of others behind the wheel.
- Improper vehicle loading, which may result in imbalanced cargo that can cause a tip-over or rollover accident.
- Poor vehicle maintenance, which may implicate the party responsible for truck maintenance as liable for the resulting damages.
It is likely for one other party to bear fault, but it is possible for more than one party to share liability. The legal issue of vicarious liability often comes into play in truck accident claims, particularly those resulting from truck driver negligence. If a trucking company or other employer was negligent in their handling of a driver in any way that contributed to your losses, they may face vicarious liability for causing those losses.
Your Fort Collins truck accident attorney will be invaluable for proving fault. Once fault is determined, your recovery is likely to begin with an auto insurance claim against the at-fault driver. However, their insurance may not include enough coverage to fully compensate your damages, and you will need to proceed with a personal injury suit to recover outstanding damages.
Damages and Compensation in a Fort Collins Truck Accident Claim
Even if you have no trouble with your auto insurance claim in response to your recent truck accident, it may not yield full compensation for all the damages you suffered. Colorado law allows you to seek full repayment of all economic losses incurred because of the at-fault driver’s negligence or misconduct, and you also have the right to seek recompense for the pain and suffering you experienced. However, this aspect of your recovery is limited by state law.
When it comes to your economic losses your attorney will help you prove the scope of the defendant’s actions and their financial impact on your life. You have the right to seek money for your vehicle repair or replacement costs. When insurance alone cannot compensate this loss you can include the remainder in your personal injury suit. If you suffered physical injuries, the defendant is liable for the medical treatment costs you incur, both immediate and future. If you require ongoing care to attain maximum medical improvement from your injuries, your Fort Collins truck accident attorney can ensure you receive full compensation for both short- and long-term medical expenses resulting from your accident.
You can also hold the defendant accountable for your lost income. If their actions prevented you from working, they are liable for the wages you were unable to earn while recovering. Additionally, they can be held responsible for lost future income if you cannot resume working due to the severity of your injuries. Your attorney can help calculate the future income you otherwise would have been able to earn and add this to your personal injury case.
As far as pain and suffering are concerned, state law limits your recovery to $500,000 in most cases. Your attorney can assist you in making a compelling argument for maximizing this aspect of your recovery. Ultimately, your claim could be worth far more than you initially expected, and having the right attorney assisting you with your case is the best way to maximize your compensation as much as the law allows.
The Law Firm of Jeremy Rosenthal aims for maximum recovery for every client we represent, and we’ll do everything we can to streamline your case proceedings as much as possible. Time is a critical factor for any personal injury plaintiff, so the sooner you reach out to a Fort Collins truck accident attorney, the better your chances are of enhancing your recovery as much as legally possible.
Truck Accident Lawyer FAQs
Q: What Should I Do First After a Truck Crash in Fort Collins?
A: The immediate aftermath of any vehicle accident can be chaotic and stressful, but if you are able to move safely, you should try to take pictures of your injuries, the vehicle damage, and the locations of the vehicles involved on the road. These photos can be essential for proving liability in an auto insurance claim and subsequent personal injury case, assisting you in firmly proving liability.
Q: How Do I Prove the Severity of a Personal Injury?
A: You have the right to seek full compensation for your injuries and the medical care they require, but you must be ready to prove the extent of the harm done directly by the defendant’s negligence or misconduct. Proving the severity of your injuries is likely to require medical reports from any physicians who treated you after your accident. Your Fort Collins truck accident attorney can assist you in making a strong case for maximum compensation for your immediate and future medical expenses arising from the accident.
Q: How Much Is My Truck Accident Claim Worth in Fort Collins?
A: Colorado law allows you to seek full compensation for immediate and future economic losses such as property damage, medical expenses, long-term medical treatment costs, lost income, and lost future earning potential. You also have the right to pain and suffering compensation, but state law limits this to $500,000 in most cases. Your Fort Collins truck accident attorney will help you discern the total potential value of your case.
Q: What Happens if I Partially Caused My Accident?
A: The state upholds the modified comparative negligence law, which comes into play whenever a plaintiff bears partial liability for causing their claimed damages. The judge overseeing your case would assess your level of fault based on their review of the evidence and testimony in play. This will lead to a fault percentage, which is how much of your total compensation will be reduced to reflect your shared liability. As long as you bear less than 50% fault, you can still recover damages, but your fault percentage is deducted from the total. For example, 30% fault would mean losing 30% of your case award. Any fault percentage over 50% would mean losing your right to claim compensation from the defendant.
Q: How Much Does a Fort Collins Truck Accident Attorney Cost to Hire?
A: The Law Firm of Jeremy Rosenthal uses a contingency fee billing system. This means you do not pay any upfront or ongoing legal fees for our representation. Instead, you pay a portion of your final award as our fee, but only if we win your case. If we cannot win compensation for any reason, you owe us nothing, thus eliminating any financial risk you might face by hiring our firm to represent you in a truck crash claim.
The Law Firm of Jeremy Rosenthal has successfully represented many past truck accident claims on behalf of Fort Collins area clients, and we know the risks you face in your impending recovery efforts. If you are ready to speak with an experienced Fort Collins truck accident attorney about your options for legal recourse, contact us today to schedule a free consultation with our firm.