Truck Accident Lawyers in Aurora, CO

When we think of motor vehicle accidents, we often picture two passenger vehicles colliding. However, as tragic as those can be, truck accidents are almost always devastating. Trucks perform important social tasks, and their size and weight are necessary to complete those tasks. Unfortunately, their weight, size, and cargo are often the very thing that makes these accidents catastrophic. 

Truck accident victims tend to suffer severe or even fatal injuries. Often, the only way for victims to cope with the immense financial strain caused by these accidents is to pursue a personal injury lawsuit to recover monetary compensation. At Mintz Law Firm, our Aurora truck accident attorneys are committed to helping people injured by someone’s negligence secure settlements and verdicts that reflect the compensation value our clients need and deserve.

What Is a Commercial Vehicle?

According to Colorado jurisdiction, a commercial vehicle is defined as a vehicle with these following characteristics:

• A vehicle used for commerce and weighing 10,001 pounds
• A vehicle made to carry 16 or more passengers (including the driver), excluding school buses
• Any vehicle with a gross vehicle weight of less than 26,001 pounds (must also be owned or operated by a school district) and does not receive service payment for its use
• Any vehicle made with the intention to transport other vehicles by towing, lifting, or pulling and used in commerce
• Any vehicle that is used transport significant amounts of dangerous matters, requiring regulation placarding

Additionally, anyone driving commercial vehicles must have a commercial driver's license (CDL).

How Is Fault Determined for a Truck Accident?

Determining fault is a key aspect of any personal injury case arising from a truck accident. The ability to prove fault lays the foundation for establishing negligence and, subsequently, the collection of damages related to the injuries sustained. 

Proving Fault through Negligence

Fault hinges on negligence, a concept integral to personal injury claims. Several scenarios can establish negligence in a truck accident, including:

• Inattentiveness or Distraction: If the truck driver was inattentive or distracted at the time of the accident, it constitutes a basis for proving fault. Distractions such as texting or any behavior diverting attention from the road can contribute to negligence.
• Driving Under the Influence (DUI): When the truck driver is intoxicated while operating the vehicle, it not only violates the law but also establishes a clear case of negligence, as DUI-related accidents often result in severe consequences.
• Speeding: If it can be proven that the driver was speeding at the time of the accident, it becomes a key element in establishing fault. Speeding compromises control and reaction time, contributing to the accident's occurrence.
• Violation of Colorado Laws: Any violation of Colorado traffic laws or regulations by the truck driver leading to the accident becomes a crucial aspect in proving fault. 

In Colorado, negligence per se occurs when a person violates a safety law, regulation, or ordinance and is presumed to have been negligent. This legal concept simplifies the process of proving negligence by establishing a presumption of fault.

To successfully prove negligence per se, the plaintiff must demonstrate:

• Violation of a Statute or Law: The defendant breached a statute, law, or regulation.
• Preventive Nature of the Law: The violated law aimed to prevent the same type of injury suffered by the plaintiff.
• Protected Class: The victim belongs to the class of people intended to be protected by the law.
• Causation: The defendant's violation directly caused the injuries sustained by the victim.

In the context of a trucking accident, negligence per se becomes a powerful tool in proving fault, streamlining the legal process, and reinforcing the plaintiff's case.

What Makes Truck Accident Claims Different From Car Accident Claims?

While it’s always a bit challenging to recover fair compensation after a car accident, people who are injured in a commercial truck accident often face a more difficult path to compensation. There are various reasons that truck accident claims are more complicated and challenging, including:

Regulations on Commercial Trucks

Commercial trucks are subject to regulations by various agencies. Most companies operating commercial trucks must register their vehicles with the Federal Motor Safety Carrier Safety Administration and the US Department of Transportation. Various state and federal regulations govern who can operate which types of trucks and for what purpose, along with setting a strict driving distance and schedule. Different requirements apply to different operators and trucks based on the type of vehicle and length of travel. 

These regulations exist to protect the public and truck drivers alike. This also means that it’s the responsibility of the driver and the company that employs them to show, through documentation, that they followed the regulations to keep people safe. Identifying violations of the rules, such as driving too far without rest or failing to properly maintain the truck, is essential to truck accident cases. However, retrieving this evidence and navigating the various regulations (state and federal) that impact a claim can be complicated and require a deep understanding of commercial truck laws and personal injury laws.

Damages (Injuries)

All accidents have the potential to cause severe injuries. However, truck accidents, more often than not, cause catastrophic injuries, given the greater mass and sometimes higher speed involved. Furthermore, it’s challenging to grasp the long-term and permanent impacts that these injuries can have on the victim after the accident. 

Victims need to prove the impact of their injuries and fight for compensation that will aid them long into the future. However, it’s challenging to prove the need for long-term compensation without expert testimony and strong evidence, which a skilled lawyer can help you obtain. 

Multiple Defendants

It may seem as if the only person responsible for a truck accident is the driver. However, when it comes to commercial trucks, there is more than one person playing a role in the operation of the truck, including:

• The truck company
• The cargo loaders
• The manufactures
• The maintenance company

It’s possible for both the driver and the company to share liability. Furthermore, it’s possible that more than two parties are liable for the accident. It’s crucial to thoroughly investigate every detail of the accident to ensure that all liable parties are held accountable.

Pushback

Since truck accident cases often involve catastrophic injuries, insurance, and truck companies are often more motivated to avoid accountability. Due to the higher amounts of compensation on the line, they tend to fight harder to protect their profits. In truck accident cases, there are many ways that the truck and insurance companies can make it challenging to recover fair compensation. There tend to be arguments over what kinds of documents the driver and the company can disclose, the duties of the driver or company, the relationship between the driver and the company, and the truck company’s responsibility for the driver’s action. 

Potential Compensation for an Aurora Truck Accident Case

When you're involved in a truck accident, the repercussions can be severe, both physically and emotionally. Pursuing a lawsuit to recover damages is a crucial step toward rebuilding your life. Understanding the types of compensation available is essential in navigating the complexities of a trucking accident case. Some potential compensation you may be eligible for includes: 

• Medical Bills: This encompasses the costs associated with hospital stays, surgeries, medications, rehabilitation, and any other medical treatments necessitated by the accident.
• Future Medical Bills: Some injuries may require ongoing medical care, rehabilitation, or even future surgeries. Economic damages extend to cover these anticipated expenses, ensuring that your compensation considers the full spectrum of your medical needs.
• Property Damage: Damages account for the repair or replacement costs of your vehicle and any other property damaged in the collision.
• Lost Wages: If the injuries sustained in the truck accident result in missed work days or an inability to perform job duties, you are entitled to compensation for lost wages. 
• Lost Earning Capacity: In cases where the injuries lead to a diminished ability to work or a complete inability to return to your previous employment, economic damages cover the lost earning capacity.
• Pain and Suffering: The physical pain and emotional distress endured due to a truck accident are significant factors in determining non-economic damages. Compensation is awarded based on the pain and suffering experienced.
• Emotional Distress: Beyond physical injuries, truck accidents can result in emotional trauma. Non-economic damages encompass the emotional distress suffered, addressing the psychological impact of the accident.
• Loss of Consortium: Injuries from a truck accident can impact relationships. Non-economic damages may include compensation for the loss of consortium, addressing the negative effects on spousal relationships and family dynamics.

While economic damages cover tangible financial losses, non-economic damages acknowledge the intangible toll on your well-being. Seeking legal guidance from experienced truck accident attorneys ensures that all relevant factors are considered, maximizing your potential compensation and aiding in the journey toward recovery.

The Benefits of Working with a Truck Accident Attorney in Aurora, CO

As mentioned above, truck accident claims and lawsuits are often more complex and challenging than a standard personal injury case. Therefore, it’s also more important to have an experienced and knowledgeable Aurora truck accident attorney at your side. Due to the multiple laws, liable parties, and the catastrophic injuries involved in these cases, it’s necessary to have an understanding of the nuances of these accidents. 

An Aurora truck accident attorney is your advocate and resource. They can ensure that you have the best chance of recovering fair compensation regardless of how hard truck and insurance companies try to undervalue your claim and protect their profits.  

Contact a Skilled Aurora Truck Accident Lawyer at Mintz Law Firm Today

The aftermath of a truck accident can be traumatic and overwhelming. The Aurora truck accident attorneys at Mintz Law Firm are determined to help our clients through some of the most challenging moments of their lives. Our team will tackle your claim or lawsuit for you and aggressively pursue maximum compensation regardless of the truck and insurance company's tactics. 

We will fight for your right to fair compensation, so you have the time, space, and resources to focus on your recovery. Contact Mintz Law Firm today to work with a firm that prioritizes your needs and best interests. You can call (303) 462-2999 or complete our online contact form to schedule a consultation.