Mintz Law Firm
Truck Accident Attorney in Boulder, CO
Commercial trucks perform important tasks, from transporting goods to transporting potentially dangerous chemicals. These trucks are often incredibly large and heavy in order to be able to support their cargo. Unfortunately, those very attributes necessary for their task are the very same thing that can make truck accidents devastating.
The vast majority of these accidents end in severe and even fatal injuries. Although the truck driver may be liable for the accident, there are generally more parties at play when it comes to truck accidents. A seasoned Boulder truck accident attorney can ensure that all liable parties are held accountable and that you get the compensation you deserve. Mintz Law Firm is a personal injury firm committed to ensuring that negligent individuals are brought to justice and that victims get the results they are owed and deserve for their personal injury.
What Is Considered a Commercial Vehicle in Boulder, Colorado?
In Colorado, a commercial vehicle is any vehicle that falls under the following characteristics:
- A vehicle weighing a rate of 10,0001 pounds or more for commerce use
- A vehicle designed to carry 16 or more passengers, including the driver (school buses are exempt from this)
- Vehicles that don’t have a weight of 26,001 or more pounds that are owned or operated by a school district that doesn’t receive remuneration for its operations
- Vehicles designed and equipped for transporting other vehicles by pulling, towing, or lifting for commerce use
- Vehicles that are used to transport large amounts of hazardous materials that require placarding by regulation
Any vehicle that falls under the commercial vehicle category must be operated by a driver with a Commercial Driver’s License (CDL).
Determining Liability in a Truck Accident
Commercial truck accidents are more complex than standard car accident claims for a number of reasons. Liable parties may include:
The Truck Driver
Truck drivers can be negligent and contribute to the accident because of behavior such as distracted driving, speeding, fatigued driving, and other negligent actions. However, in many truck accident cases, the driver alone is not the only individual to have done something that led to the accident and the harm the victim suffered.
The Trucking Company
Trucking companies are often considered to be partially liable for a truck accident because, according to the law, they are responsible for hiring qualified drivers, monitoring their driver’s performance and health, caring for their truck's maintenance, and properly loading trucks.
Therefore, the company can be held liable if the driver was uncertified, lacked the proper training, or did not have the proper driving license for the vehicle they were operating at the time of the accident. Additionally, if the driver had substance abuse problems or was not made to go through regular physical and driving tests, the company is liable for the driver’s actions.
Furthermore, if there is evidence that the driver was pushed to disobey the hours-of-service limits and fatigued, contributed to the accident, the company is liable for failing to adhere to safety laws.
Commercial cargo laws outline the requirements for loading to specific standards regarding weight limits, load balance, and capacity. Cargo loading companies are liable if they fail to meet these standards and the accident occurred because of cargo-related issues, such as uneven loading or overloading. Cargo loaders can also include the truck company itself, shippers, and independent cargo loading companies.
Maintenance companies, mechanics, and manufacturers can be held liable if a mechanical malfunction is the reason that the accident occurred. If the accident could have been avoided with proper maintenance or if the truck’s parts were defective, the respective company is liable for any harm the victim has suffered as a result of their negligence.
What to Do After a Commercial Truck Accident
Chances are that if you’ve been involved in a truck accident or lost loved ones because of a truck accident, you’ve suffered extensively. While no amount of money can change what’s happened or make up for your losses, the compensation awarded can go a long way to at least help ease financial stress from your life so you can focus on what matters most.
The best thing to do after a truck accident is to hire a Boulder truck accident attorney who can help you prepare a robust claim and estimate the value of your claim based on the details of the accident and the damages you’ve suffered. A Boulder truck accident attorney can help you navigate the complex regulatory framework of commercial truck accidents and help with the critical task of determining the liable parties. With the possibility of there being multiple parties involved in causing the accident, it’s essential to have a thorough investigation to determine the exact circumstance of the accident.
Since truck accidents are so catastrophic, they typically have significant insurance coverage. However, insurance companies often don’t care about the harm you’ve suffered. Their goal is to avoid paying victims large sums. Getting an attorney who will pursue fair compensation on your behalf, regardless of how challenging insurance companies or liable parties make it is critical to receiving the compensation you are owed.
Contact an Experienced Boulder Truck Accident Attorney at Mintz Law Firm
After something as traumatic and devastating as a truck accident, victims and their loved ones deserve a compassionate and understanding Boulder truck accident attorney who can help them navigate the complex process of recovering fair compensation. At Mintz Law Firm, our goal is to ensure that your best interests are at the forefront of the entire process. The insurance company and liable parties may be focused on protecting themselves, but our team can help ensure that your rights and needs are what win out in the end.
Mintz Law Firm is committed to helping protect the rights of injured individuals regardless of who the liable party is or how complicated the case may seem. Ensure that you have a strong advocate aggressively fighting to protect your rights by contacting Mintz Law Firm today. You can schedule a consultation at (303) 462-2999 or complete our online contact form.