Commercial trucks can some of the most dangerous vehicles on the road. These large vehicles can crush the average commuter car without very much force. Because of this, occupants of smaller cars have a greater risk of sustaining catastrophic injuries in the event of a collision with a truck. If you were involved in a crash with a semi-truck, you should pursue compensation for all of your losses.
However, negotiating with large trucking companies in a personal injury case can be intimidating. Fortunately, a skilled Fort Carson truck accident lawyer could help you stand up to these corporations and get the compensation you need. Speaking with a personal injury attorney at our firm could improve your chances of success with your claim.
In some cases, liability for a truck accident can be fairly straight-forward. If a truck driver was speeding, ignoring road signs, or driving recklessly, they would most likely be the primarily negligent party in an accident. However, it may also be possible to file suit against the truck driver’s employer for failing to maintain safe hiring and training practices. Under the doctrine of respondeat superior, employers can be held liable for their employees’ actions while on the job.
If the company forced a driver to ignore federal regulations regarding hours spent driving and break periods, this employer could also bear direct liability for a crash. Additionally, a manufacturing company could be negligent if a mechanical failure caused the wreck. A local attorney could work with an injured party to identify the liable party or parties in their truck accident case and pursue litigation accordingly.
Given the severe injuries truck accidents may cause, it is important for plaintiffs to pursue compensation for past and future economic and non-economic losses. However, there are several state laws that may hinder someone’s efforts to recover damages.
Colorado Revised Statute §13-21-111 prohibits claimants from recovering compensation if they bear 50 percent or more of the fault for their accident. This statute also allows courts to proportionally reduce a plaintiff’s total damage award if they are less than 50 percent liable.
According to C.R.S. §13-21-102.5, there is also a limit on how much a plaintiff can recover for non-economic damages. As of January 1, 2020, the cap for most cases is $613,760. In the event of severe losses, this limit may be raised to $1,227,530.
There is a filing deadline for every civil case regarding a motor vehicle accident. As per C.R.S. §13-80-101, someone injured in a truck crash generally has three years of the date of the accident to file their claim for compensation. A diligent lawyer in the area could help an injured party work around these potential obstacles while filing a semi-truck accident case.
The process of filing a civil lawsuit is long and complicated. It would likely be difficult to go through this whole process alone. If you retain qualified legal counsel, however, you could be in a better position to pursue the compensation you need to make a full financial recovery.
A Fort Carson truck accident lawyer could be an ally in your fight for justice. Call our offices today to schedule an initial consultation.