In recent years, there has been a significant increase in the number of commercial trucks on roadways, causing an increase in truck accidents. In 2018, approximately 531,000 large trucks were involved in traffic crashes. Unfortunately, most semi-truck accidents result in severe injuries.
If you were a victim of a truck accident, contact the Bendinelli Law Firm. At the Bendinelli Law Firm, we have skilled Denver truck accident attorneys prepared to help you receive the compensation you need and deserve for your medical bills, pain and suffering, and lost wages.
Truck accident claims present incredible challenges to plaintiffs (injury victims). The reality is that injury victims in these cases usually will not have the resources necessary to handle every aspect of these claims. However, a skilled Denver truck accident lawyer can use their resources to conduct a complete investigation to determine exactly what happened. This will include the following:
Semi-trucks, or large trucks are defined as those with a gross vehicle weight rating greater than 10,000 pounds. The fatality rate for victims in large truck crashes is 50 percent greater than the rate for all other vehicles on the roads. Nearly 98 percent of the time, the driver of the other vehicle is killed in a crash involving a semi-truck.
According to the Federal Motor Carrier Safety Administration, the most common causes of semi-truck accidents are related to the driver, the vehicle and/or the environment.
Common causes include:
Vehicle factors include:
Environmental/roadway factors include:
Each state has its own laws regarding the types of damages recoverable in a truck accident. While sources of recovery can vary for semi-truck accident victims in Colorado, an experienced Denver tractor-trailer crash lawyer can help you identify and maximize recovery for your case.
In trucking cases, it is essential to investigate the cause of the trucker’s negligence or recklessness and the trucking company’s claims history to determine if the company itself has failed to maintain safety standards. The trucking company will act immediately after the accident to limit their financial liability. Therefore, it is crucial you hire a qualified truck accident attorney as soon as possible to protect your claim.
At the Bendinelli Law Firm, we are here to help you through the legal complexities you may face during your truck accident claim. At the Bendinelli Law Firm, we have extensive experience handling these very complicated cases in Colorado. We can help you get the compensation you deserve for your economic and non-economic damages.
Unfortunately, a passenger vehicle cannot withstand a collision with a large truck. Most semi-trucks and other commercial trucks weigh about 80,000 pounds. Compare that to the typical passenger vehicle that weighs between 4,000 and 5,000 pounds. A passenger vehicle can be crushed beneath the weight and size of a large truck.
Occupants of other vehicles often sustain life-threatening conditions and catastrophic injuries in a truck crash. Common truck accident injuries include, but are not limited to:
The injuries caused by a truck accident can result in permanent disabilities and impairments. Many truck accident victims require long-term personal care and ongoing medical care. The cost of long-term care over a lifetime can total millions of dollars. Recovering maximum compensation for damages is crucial in a truck accident case.
The damages in a truck accident claim include economic and non-economic losses. Economic losses are the expenses and financial losses associated with the truck accident, your injuries, and your recovery. Non-economic losses refer to the pain and suffering you experience because of the truck accident.
Examples of damages include:
The value of your truck accident claim depends on numerous factors, including the type and extent of your injury. Permanent impairments and catastrophic injuries increase the value of a personal injury claim.
Liability also impacts the value of a truck accident claim. You must prove that the other parties involved in the case were responsible for causing the truck accident. If there is a valid dispute regarding liability, that issue could lower the value of your personal injury claim.
Our Denver truck accident attorneys understand each of the factors that can impact the value of your injury claim. We work to maximize the factors that increase the value of your claim while minimizing any weaknesses that could hurt your claim.
Through years of experience, we have developed a system for accurately valuing truck accident claims. Our goal is to help you receive the maximum compensation for your claim, so you can continue to recover physically, emotionally, and financially after being injured in a truck accident.
In the aftermath of being involved in an accident with a large truck in Denver, the situation will likely be chaotic and confusing. Immediately following the crash, and in the days and weeks that follow, there are various steps that victims can take to help ensure that they recover the compensation they need.
We often learn that individuals think they are not entitled to any compensation at all if they had anything to do with causing the accident. In many cases, this is not true at all. The state of Colorado operates under what is called a “modified comparative negligence” system. This means that those involved in a collision can still recover compensation even if they are partially at fault, so long as they are not 50% or more responsible for the incident.
If an individual is less than 50% responsible for a truck crash, they can still recover compensation for their losses. However, the total amount of compensation the truck crash victim receives will be reduced based on their percentage of fault. For example, if you are the victim of a truck accident and have sustained $100,000 worth of damages, but it has also been determined that you were 20% responsible for the incident, you would receive $80,000 to account for your percentage of fault.
When examining modified comparative negligence laws in this state, we want to stress how important it is to work with an attorney who can push back against the other party when they try to blame you for the crash. The more fault they can put onto you, the less they have to pay and the less you will receive. Your Denver truck accident lawyer will be able to fully investigate the claim and fight back against these tactics.
It is crucial for truck accident victims in Denver to understand that they have a limited amount of time to file these claims. First, you have to worry about deadlines put in place by insurance carriers. Please understand that auto insurance carriers and the insurance carriers of the truck company likely have very strict reporting deadlines, often within a day or two after the crash occurs. If a truck crash victim fails to file a report with the insurance carriers relatively quickly, this could result in the claim being delayed or even denied.
We also have to look at the Colorado personal injury statute of limitations. This law says that injury victims must file a lawsuit against the alleged negligent party in their case within two years from the date the injury occurs. Failing to do so will mean that the injury victim is unable to recover any compensation for their losses, regardless of how severe the injuries are or how much fault the other party had for the incident.
A truck accident lawyer in Denver will be able to get involved early and help ensure that all deadlines are met when it comes to filing these claims. Your attorney wants to make sure that you recover the compensation you need, so they will get your claim filed on time.
At the Bendinelli Law Firm, our team understands that truck accident injury victims are often struggling financially, particularly as they await a settlement or jury verdict for their case. We take Denver truck accident cases on a contingency fee basis. This means that our clients will not have to pay any upfront or out-of-pocket costs related to their case. Our clients will only owe legal fees after we are able to obtain the compensation that they need.
The Bendinelli Law Firm has the knowledge and experience you need. We want you to concentrate on getting healthy and returning to your day-to-day life, while our Denver personal injury attorneys take care of the complex legal issues and deal with the trucking company and the insurance company. We will work hard to protect your interests and help you get the compensation you deserve.
Contact us today for a free consultation.