The most common cause of truck accidents is negligent behavior. Some of these behaviors may include a trucker not paying close enough attention, driving while intoxicated, speeding, running stop signs or red lights, driving with improper lighting, or operating their vehicle while fatigued.
Depending on how a trucker caused an accident, a person may be entitled to different types of damages. For instance, a claimant may be able to get more money in cases where there some aggravating factors, such as drunk-driving or drug use. Because of all of these different factors that go into determining liability in Colorado Springs truck accident cases, an individual should speak with one of our legal representatives about their situation.
In Colorado Springs, most of the factors considered when determining liability for a truck accident case are common sense. If the truck driver and the injured motorist make a mistake, the court will weigh the actions of both parties to determine whether one mistake was equally, less, or more important in causing the accident.
If both run a stop sign and run into each other, the court may find the claimant and the truck driver equally negligent, and neither will be able to recover from the other. If the truck driver was intoxicated, but the other motorist was speeding, this may shift the negligence to the truck driver because their actions were the greater cause of the accident. Every accident is unique, so an injured party should hire an experienced lawyer who can look at all the factors that come into play.
Colorado Springs is a comparative negligence jurisdiction. If someone is partially at fault for their semi-truck accident, the court may reduce their damages by their percentage of fault, up to 50 percent. For example, if a claimant is 25 percent at fault for the accident, the truck driver may only pay 75 percent of the claimant’s damages. Alternatively, if an injured party is 50 percent or more at fault, they do not get any compensation.
If the insurance company accuses the claimant of comparative negligence, that does not necessarily mean they are partially to blame. It just means the company will make this argument. However, a skilled lawyer could prepare a defense for these arguments. The lawyer can hire the appropriate experts or make the appropriate arguments to combat the insurance company’s determination of comparative negligence.
Liability in Colorado Springs truck accident cases in an important yet complex part of an injured party’s claim. If blame is not placed on the appropriate parties, a claimant may not be able to receive their full amount of damages. Therefore, if you were involved in a collision with a negligent truck driver, you should speak with one of the attorneys at our firm. We could guide you through the claims process and prepare a strong case on your behalf.