Denver Truck Accident Attorney

Were You Injured In A Truck Accident?

Denver’s Truck Accident Lawyers

What to Do After a Denver Commercial Truck Accident

If you’ve been involved in a accident with a semi-truck in Denver, CO, taking the proper steps is crucial for your safety, health, and subsequent legal actions. Here’s a guide from Galperin & Associates on what to do:

1. Ensure Safety: Move to a safe location if possible. Your immediate safety is paramount.
2. Call Emergency Services: Dial 911. Report the accident and request medical assistance if there are any injuries.
3. Document the Scene: Take photographs of the vehicles, road conditions, traffic signs, and any visible injuries. This documentation can be vital for insurance and legal purposes.
4. Exchange Information: Safely exchange contact and insurance details with the other driver. Avoid discussing the fault or details of the accident.
5. Seek Medical Attention: Even if you feel fine, some injuries, like whiplash or internal trauma, may not be immediately apparent. Visiting a doctor ensures your health is monitored and provides a medical record of the incident.
6. Notify Your Insurance Company: Inform your insurer about the accident. Provide basic details, but refrain from making statements construed as an admission of fault.
7. Gather Witness Information: If there are witnesses, get their contact information. Their accounts may help reconstruct the accident.
8. Keep a Record: Document all medical treatments, repairs, and related expenses. Also, note any missed workdays or activities due to the accident.
9. Consult an Experienced Attorney: Consult with a legal professional before accepting any settlement offers. At Galperin & Associates, we specialize in truck crash cases and can guide you through the complexities of your claim.
10. Avoid Social Media: Do not discuss the accident or post details online, as this can be used against you in legal proceedings.
11. Follow Legal Advice: Once you have legal representation, follow their guidance. They will navigate the legal aspects while you focus on recovery.

Remember, semi-truck collisions can be complex due to the size of the vehicle and the potential for severe injuries. It’s essential to take these steps to protect your rights and interests. For more detailed guidance and support, contact Galperin & Associates.

Types of Damages in a Truck Accident Lawsuit Explained

In a truck accident lawsuit, various damages are available to the injured party. These include:

1. Medical Expenses: Covers current and future medical treatment costs related to the accident.
2. Lost Wages: Compensation for lost income due to the inability to work, including future earnings.
3. Pain and Suffering: Addresses physical pain and emotional distress caused by the accident.
4. Property Damage: Reimbursement for vehicle repairs or replacement.
5. Punitive Damages: In cases of egregious negligence, these are awarded to punish the wrongdoer and deter similar conduct.
6. Wrongful Death: If the accident leads to a fatality, the victim’s family may receive compensation for loss of support, funeral expenses, and loss of companionship.

Each case is unique, so the specific damages applicable will depend on the circumstances of the accident, including any financial loss suffered due to the accident.

When filing a truck accident claim, it’s crucial to be aware of the deadlines, known as the statute of limitations. In Colorado, you generally have three years from the accident date to file a lawsuit against the responsible parties. This timeframe applies to most personal injury claims resulting from a truck crash.

However, if the accident resulted in a fatality, the deadline for filing a wrongful death claim is typically two years from the date of the deceased’s passing.

Safety Regulations for Commercial Drivers in Colorado

In Colorado, commercial drivers are subject to stringent safety regulations to ensure road safety and reduce accidents. At Galperin & Associates, we emphasize the importance of understanding these regulations:

1. Commercial Driver’s License (CDL): Drivers must possess a valid CDL obtained after passing written and skills tests specific to the type of commercial vehicle operated.
2. Hours of Service (HOS): These regulations limit the number of hours a driver can operate. For example, property-carrying drivers are allowed a maximum of 11 hours of driving after ten consecutive hours off duty.
3. Drug and Alcohol Testing: Mandatory testing is required for all commercial drivers, including pre-employment, post-accident, random, reasonable suspicion, return-to-duty, and follow-up testing.
4. Vehicle Maintenance: Regular inspections, maintenance, and repair of commercial vehicles are required to ensure they meet safety standards.
5. Load Limits: Commercial vehicles must adhere to state-specific weight limits and ensure proper cargo securement to prevent shifting loads.
6. Speed Limits and Traffic Laws: Commercial drivers must obey all traffic laws, including speed limits, which might be lower for commercial vehicles.
7. Electronic Logging Devices (ELD): These devices are mandated to log driving hours and ensure accurate compliance with HOS regulations.
8. Medical Certification: Drivers must pass a physical examination every two years to maintain their medical certification and ensure they are physically capable of safely operating a commercial vehicle.
9. Training Requirements: Ongoing training on safe driving practices, including handling adverse weather conditions and understanding regulations, is essential.
10. Hazardous Materials (HazMat): Additional training and a special endorsement on their CDL are required for drivers transporting hazardous materials.

Failure to comply with these regulations can lead to severe consequences, including legal penalties and increased risk of accidents. Understanding and adhering to these safety regulations is crucial for commercial drivers in Colorado. For individuals involved in a truck accident, knowledge of these regulations is vital in assessing liability and pursuing legal claims.

Common Injuries Sustained in Truck Accidents

Truck accidents can result in a range of serious injuries, some of which include:

1. Traumatic Brain Injuries (TBIs): These can occur from a sudden blow to the head, potentially leading to long-term cognitive issues.
2. Spinal Cord Injuries: These injuries can result in partial or complete paralysis, significantly impacting one’s quality of life.
3. Broken Bones: The immense force of commercial truck collisions often leads to fractures, which can be complex and require extensive treatment.
4. Internal Injuries: Damage to internal organs and internal bleeding are common due to the impact force.
5. Lacerations and Bruises: These can vary from minor to severe, sometimes leading to permanent scarring.
6. Whiplash and Soft Tissue Injuries: Common in rear-end collisions, these can cause long-lasting neck and back pain.

Understanding the severity and variety of these injuries is crucial in truck accident cases. At Galperin & Associates, we consider the full impact of these injuries on our clients’ lives when pursuing their legal claims.

Common Causes of Trucking Accidents in Denver

Trucking accidents in Denver can be attributed to a variety of causes. At Galperin & Associates, we have identified several common factors contributing to these incidents:

1. Driver Fatigue: One of the leading causes of driver fatigue is long hours on the road without adequate rest, leading to decreased alertness and reaction time.
2. Distracted Driving includes using mobile devices, eating, or any activity that takes the driver’s attention away from the road.
3. Improper Loading: Overloading or uneven cargo loading can lead to imbalanced trucks, increasing the risk of rollovers or losing control.
4. Speeding and Aggressive Driving: Exceeding speed limits or engaging in aggressive maneuvers like abrupt lane changes can lead to accidents, especially given the large size and weight of trucks.
5. Lack of Training: Inadequate training of negligent truck drivers on vehicle operation and safety practices can lead to mistakes on the road.
6. Mechanical Failures: Poor maintenance can result in brake failures, tire blowouts, or other mechanical issues that can cause accidents.
7. Weather Conditions: Snow, ice, rain, and fog in Denver can reduce visibility and road traction, making it challenging for trucks to stop or maneuver safely.
8. Drug and Alcohol Use: Impairment by drugs or alcohol drastically reduces a driver’s ability to operate a truck safely.
9. Inadequate Roadway Knowledge: Unfamiliarity with the roadways, including sharp turns, steep inclines, or specific traffic patterns, can lead to accidents.
10. Failure to Obey Traffic Laws: Ignoring traffic signals, signs, or road rules can result in collisions.
11. Poor Road Conditions: Potholes, inadequate signage, and poorly designed intersections can contribute to truck accidents.
12. Tailgating: Trucks need a greater stopping distance. Following too closely to other vehicles increases the risk of rear-end collisions.
13. Blind Spots: Trucks have more prominent blind spots than other vehicles. Accidents often occur when a truck changes lanes or turns without noticing smaller vehicles in these blind spots.
14. Pressure from Employers: Some trucking companies pressure drivers to meet unrealistic schedules, leading to speeding and insufficient rest.
15. Incorrectly Secured Cargo: If the cargo is not secured correctly, it can shift during transit, causing the commercial truck to become unstable.
16. Negligent Hiring Practices: Companies sometimes need to conduct proper background checks, leading to hiring unqualified or unsafe drivers.

Understanding these causes is crucial in truck accident cases. It helps in determining liability and pursuing appropriate legal action. Each accident has its unique aspects, and at Galperin & Associates, we meticulously analyze the specifics of each case to build a solid legal strategy for our clients. We aim to ensure that those affected by such accidents receive the compensation and justice they deserve.

Identifying Liable Parties in Truck Accident Cases

In truck accident cases, various parties may be held liable for injuries, depending on the circumstances of the accident:

1. Truck Driver: The driver may be liable if the accident was caused by distracted driving, fatigue, impairment, or violation of traffic laws.
2. Trucking Company: If the company failed to enforce regulations, such as service hours, or hired unqualified drivers, it could be held responsible.
3. Cargo Loaders: Improper loading or securing of cargo can contribute to accidents, making cargo loaders potentially liable.
4. Truck Manufacturer: If a defect in the truck or its parts, such as brakes or tires, led to the accident, the manufacturer might be responsible.
5. Maintenance Providers: Inadequate maintenance or repair of the truck can result in liability for the service providers.
6. Other Drivers: Other motorists’ actions, like cutting off a truck or driving erratically, can also contribute to accidents.

Each party’s involvement and liability in a truck accident require careful investigation. At Galperin & Associates, we thoroughly examine all aspects of the accident to identify all potentially liable parties, ensuring our clients receive comprehensive legal representation for their injuries.

FAQ

Contact a Denver truck accident lawyer Today

Do not try to negotiate with the negligent party on your own! Trucking companies are ruthless when it comes to tricking victims into ruining their own case. They will try and minimize your claims, distort the facts, and will outright lie to you. Never accept their terms, and do not attempt to negotiate! Doing this only diminishes the value of your case. Being represented by an experienced attorney ensures you have the best chance to get the compensation you deserve.

Contact Galperin & Associates to speak with a Denver truck accident attorney today at 720-501-3451. If your case is accepted, there is no up-front cost to you. We only get paid if we’re successful at recovering compensation in your case. We take all the financial risk so that you can focus on recovery.