Denver Truck Accident Lawyer

The trucking industry makes up a major portion of the backbone of the U.S. economy with over 70% of all freight being transported by truck. These materials include consumer goods, raw materials for production, livestock, food, medical supplies, 18 wheel truck in rearview mirror and other vital commodities. Within the wide network of trucking routes nationwide, Denver, Colorado serves as an important nexus point, strategically located near Interstates 25 and 70. Denver is a hub for many trucking operations to transport goods to the Midwest, Pacific Coast, and Southwest of the U.S.

With so much trucking traffic moving through the greater Denver area, motor vehicle accidents involving trucks are bound to occur. Unfortunately, what sets trucking accidents apart from other motor vehicle accidents is their tendency to result in severe and even fatal injuries to victims involved due to the size and weight of tractor-trailers, delivery trucks, oversized load vehicles, and tanker trucks. No matter how safe your vehicle is, it is no match for a tractor-trailer in the event of a motor vehicle accident. Most regular cars on the road weigh between 3,000 and 5,000 pounds. Semi-trucks, on the other hand, can weigh up to 80,000 pounds depending on the cargo they’re carrying.

Feel free to reach out to the Frickey Law Firm at 303-237-7373 or fill out a contact form for us to call you. We proudly serve both Denver and the entire state of Colorado. Securing legal representation promptly can accelerate your compensation process and help you restore normalcy to your life. We offer a FREE initial consultation with no obligation to you.

Challenges in Truck Accident Claims

If you or a loved one have been injured or killed in an accident involving a truck, it is important to understand that there are unique considerations for determining liability and causation when pursuing a compensation claim. Truck drivers must operate their vehicles differently than drivers of regular passenger vehicles because of the inherent difference in handling and maneuvering a large and heavy vehicle. These differences may be critical in establishing negligence. Furthermore, when an accident involving a truck occurs, more than one party may be liable including the driver and their employer.

To successfully prevail in a claim for compensation following a collision with a truck, it is crucial that you seek the support of an experienced and seasoned truck accident lawyer in Denver. The Colorado truck accident lawyers at the Frickey Law Firm have been representing victims for decades. We know your rights, and we’ll fight fiercely and ethically to defend them. Call 303-237-7373 today for a complimentary case evaluation.

Common Causes of Trucking Accidents

Driving a truck requires special skill and attention and, unfortunately, those elements are sometimes lacking. While many of the common causes of trucking accidents are shared by all motor vehicle accidents, there are also unique challenges presented by much larger vehicles that can make them more difficult to carefully maneuver and more likely to result in serious injuries.

Driver Fatigue

With pressure to make good time, many truck drivers are pushed past their safe physical limits by driving grueling long hours and fuel themselves with caffeine, energy drinks, and even stimulant medications to try to stay awake and alert. However, these practices are not only unhealthy for the driver, but they can actually exacerbate fatigue and fuel a storm of poor reaction time, judgment, and cognitive function, making their presence on the road a danger to all of those around them. Now, while far from all drivers engage in such tactics to stay alert and many drivers follow management work schedules, driver fatigue among truck drivers is a major issue and cause of accidents like sideswiping, rear-end collisions, unsafe lane changes, and even head-on collisions.

Distracted Driving

The attachment and addiction to screens in our society has exacerbated the danger of distracted driving. Certainly, even before the onset of cell phones, it was possible for drivers to become distracted by the radio, passengers, and a number of other things, but now the American Automobile Association (AAA) reports that 1 in 4 teens check their text messages every time they drive. This unsafe driving behavior is, unfortunately, not just limited to teenagers. The National Highway Traffic Association (NHTA) reports that more than 3,000 people are killed due to distracted driving each year. Driving a large vehicle requires careful attention to one’s surroundings and when a truck driver is distracted, they may fail to engage their brakes in adequate time to stop for another vehicle, red light, or hazard in front of them. They can also swerve into other lanes, sideswiping or head-on colliding with other drivers.

Speeding

Driving at an excessive speed is negligent driving behavior that is common among many drivers, however, when a truck driver is speeding, it presents an increased risk due to the sheer size of the vehicle and the extra braking time required for the truck to fully stop. Furthermore, if road conditions are poor or the truck is carrying a particularly heavy load or is oversized, the truck must drive at a speed that is reasonably safe for those conditions, even if that speed is far below the posted speed limit.

Poor Weather Conditions

Heavy snow in northern states, icy conditions in the midwest, and flooding in the southeast present an array of adverse weather conditions that U.S. truck drivers must learn to navigate. Even though weather conditions can reduce a driver’s visibility and traction on the roads, it is still the driver’s legal responsibility to drive as a reasonably prudent driver under the circumstances. Those circumstances include the weather and the type of vehicle you are driving. A truck, that requires additional braking time and already has many blindspots to the driver’s visibility, must be even more careful when navigating poor weather conditions.

Mechanical Failures

Even if a truck driver is fully alert, attentive, and driving carefully for the present road conditions, is the truck’s brakes fail, a tire blows out, or the truck experiences some other mechanical failure, the driver may lose control of the vehicle, be unable to stop, or breakdown on the road, causing a hazard and risk to surrounding vehicles. Depending on the circumstances, mechanical failures could stem from the driver or trucking company’s negligence in failing to properly maintain the vehicle.

What Injuries Are Commonly Caused By Truck Accidents?

Because of the additional weight and size of a tractor-trailer, accidents involving 18-wheelers and cars can cause catastrophic injuries. Some individuals are lucky enough to walk away from a truck accident with scrapes and bruises. Others find themselves suffering severe injuries and dealing with a mountain of medical bills.

Common truck accident injuries include:

Whiplash
Neck and back injuries
Broken bones
Ligament and disc injuries
Complete/partial paralysis
Limb loss
Burn injuries
Permanent cosmetic disfigurement
Traumatic brain injuries
Spinal cord injuries
Organ damage
Internal bleeding
Wrongful death

What Should I Do Immediately After A Truck Accident?

If you are involved in a truck accident, the number one thing to remember is: stay calm. Accidents can be terrifying, but doing your best to collect yourself and achieve some level of composure can help make the situation seem less scary. Remember these tips in the event of a truck accident:

Look for injuries
Check yourself and anyone else involved for injuries. If there are casualties, call 9-1-1 immediately.
Assess the situation
If you can do so safely, move the vehicles and large pieces of debris off the road. If 9-1-1 has not been called, contact your local non-emergency numbers so police can respond to the scene.
Collect evidence
To have the best chance of a successful outcome, you’ll need evidence that proves the negligence of the other parties involved. Take pictures of the scene at every angle, the damage done to each vehicle, and any visible injuries. Collect contact and insurance information from the other parties and take notes on the date, time, location, and what the weather was like when the accident occurred.
Talk to witnesses
Find out if anyone nearby saw or heard part or all of the accident. Ask if they would be willing to testify in court and, if so, get their contact information.
Report the accident to your insurer
They will ask you for some information regarding the accident. Provide them with what they need but do not give any recorded statements without an attorney present.
Contact the Frickey Law Firm
The insurance companies that represent the driver, trucking company, and manufacturers will do whatever they can to get you to settle out of court, often for a lot less money than you may be entitled to. An experienced truck accident lawyer will protect your rights and fight for what you deserve.

Establishing Liability in a Truck Accident Case

Most truck accident cases are based on a negligence claim. To be successful in a negligence claim, an injury victim must prove that the defendant (which might be the truck driver and/or their employer) had a legal duty, breached their legal duty, the breach was the direct and proximate cause of the accident, and the breach resulted in damages to the injured victim.

In a claim against the driver, the injury victim will need to prove by a preponderance of the evidence (a legal standard that means the element is more likely to be true than not) that the truck driver failed to act as a reasonably prudent truck driver under the circumstances and that this failure caused the accident, resulting in the victim’s damages.

These damages may include medical bills, lost wages from time off of work, and compensation for temporary or permanent disability, along with pain and suffering in some cases.

Depending on the circumstances, the injury victim may also have a cause of action against the trucking company or the trucker’s employer. If the trucking company failed to properly maintain the condition of their fleet, resulting in a mechanical failure that caused an accident, then the trucking company may be found negligent. They could also be held responsible for damages resulting from the accident under the legal doctrine of respondeat superior, a Latin term that means “let the master answer”. Trucking companies are responsible for hiring qualified and competent drivers to drive the trucks and cannot force drivers to drive unreasonably long hours or make unreasonable time in their routes.

Should I Settle or Pursue a Case in Court for My Truck Accident?

Most truck accident cases are settled outside of court. However, going to trial can make sense when needed to obtain justice and maximum compensation. Keep in mind that you can settle a lawsuit after you file it, but you cannot file a lawsuit after you settle with the insurance company.

The best course of action will depend on the unique factors of your accident. Our attorneys will gladly provide more insight when you call them to schedule your free initial case evaluation.

Contact The Truck Accident Lawyers at the Frickey Law Firm for Help Today

If your life has been changed by a tractor-trailer accident or any other kind of truck accident, you need the help of an experienced lawyer. Because these cases can involve multiple parties, the litigation process can be a long road. You need an advocate by your side who can examine the facts of your case, determine liable parties, and present a strong case for compensation that is supported by evidence. This may involve deposing expert witnesses including independent medical examiners and/or accident reconstruction experts.

Don’t hesitate to contact the Frickey Law Firm by calling 303-237-7373. Our law firm serves Denver and all of Colorado. The sooner you find legal representation, the quicker you can receive compensation and get your life back on track. Your initial consultation is FREE with no obligation to you.