Truck Accident Attorney in Denver
999 18th Street, Suite 3000
Denver, CO 80202
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Denver Truck Accident Lawyer
Truck accidents have caused some of the worst injuries we have seen in Denver, Colorado. Our team has also handled cases where families have lost their loved ones due to these kinds of accidents. If you or a loved one is a victim, read on to learn more about when to hire our Denver truck accident lawyers, how they may be able to help, and more.
When to Hire a Truck Accident Lawyer
Hiring a lawyer after a truck accident becomes essential under certain circumstances. Let's discuss a few common scenarios where you may need to have such an attorney handle your case.
Your Injuries Are Severe
You will likely need a lawyer if you or a loved one has sustained severe injuries. Besides the high medical expenses, you'll need to be able to afford the cost of long-term rehabilitation and also cover the potential loss of income.
You Don't Know Who Caused the Accident
In some truck accidents, the issue of fault may be unclear or disputed. As you'd expect, you cannot file a claim without identifying the responsible party. Otherwise, who will you hold responsible for your injuries and damages? An experienced lawyer can investigate the accident and use their findings to determine liability. Once that's figured out, they'll discuss how best to approach the case.
Insurance Company Denies Your Claim
Insurance companies don't like settling cases unless it is for the lowest amount possible. They make money by denying claims and collecting premiums. So if they deny your claim after an accident, it is wise to consult with a truck accident lawyer as soon as you can.
The attorney will look at the reason for denial and determine whether the insurer was justified. Some common reasons for insurance claim denial include insufficient evidence, policy exclusions, or disputes over liability. If the insurer acted in bad faith, meaning they denied your claim for unfair reasons, a bad faith insurance lawyer may be able to hold them accountable.
Insurance Company Delays Your Claim
Unreasonably delaying your claim can hurt you financially. If that's what you're dealing with, you should hire a truck accident lawyer.
In Denver and throughout Colorado, insurance companies must respond to truck accident claims within 30 to 45 days of receiving the claim. That said, the state doesn't require them to settle the claim within a specified timeframe. Instead, these companies are expected to handle such claims "in a timely manner."
Because of this legal loophole, some rogue insurers may decide to prolong the process to discourage claimants or reduce settlement amounts. They know that you're desperate for compensation, and your bills keep piling every day you go without getting the compensation you need and deserve.
Intentionally delaying a claim to force you to settle for less is unlawful. That's why you need a lawyer to intervene and put pressure on the insurance company to expedite your claim.
Your Loved One Died In the Accident
Sadly, some truck accidents may end up with the tragic loss of a loved one. If that is the case, you may be able to file a wrongful death claim against the other party and recover compensation through their insurer.
To do this, you'll need an attorney who specializes in wrongful death cases. That's because this kind of claim usually involves complex legal processes. Besides proving negligence, your lawyer will need to assess the value of the loss, file crucial paperwork, and navigate the hurdles the other party will set on your path to obtaining compensation.
Note that the different scenarios we've discussed above are not conclusive. As long as you suffered severe injuries, hiring a lawyer to fight for your rights is critical.
What to Look for When Hiring a Truck Accident Lawyer In Denver
There's so much information out there about the process of seeking legal representation after a truck accident. We understand how confusing this can be, especially if it's your first time looking for such an attorney.
While there are many factors to consider, we'll only focus on the most important.
Experience
You should only hire an attorney who specializes in truck accidents, not a general one. Such a lawyer understands Denver's complex truck accident laws, including most of the tactics insurance companies may use to dispute, deny, or delay your claim. As a result, you can count on them to maximize your chances of obtaining a favorable outcome.
Resources
A truck accident case, especially one that involves serious injuries or death, often requires extensive resources that go into gathering evidence, conducting investigations, consulting with experts, and building a strong legal argument before facing the other party in or out of court. Without such resources, the attorney might settle for less than you deserve, leaving you with huge bills to pay out of pocket.
Results
The best way to determine how experienced the lawyer is is by reviewing their past results. This will also give you an idea of their ability to deliver positive outcomes. If possible, find out how many similar cases they have won.
Reviews
Reading attorney reviews gives you a clearer understanding of how the attorney (or law firm) will handle your case. Pay attention to the experiences shared by previous clients regarding the lawyer or firm. While you shouldn't expect every review to be positive, the majority should.
How it works
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Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.
How do I know if I have a truck accident claim in Denver?
Every case is different. But in all personal injury claims, there are a few elements that we look at to see if you have a case. We check to see if:
- There were damages. Personal injury lawsuits aim to recover damages, such as medical expenses, lost wages, and pain and suffering. The injury must involve substantial costs to file a lawsuit, which can differ by state. Our Denver-based attorneys use their in-depth knowledge of Colorado’s legal system to manage your case efficiently and ensure it complies with state-specific laws and regulations.
- Someone else was at fault. To receive compensation from another person’s insurance company, they must have acted negligently in a manner that caused or contributed to your injuries.
- There’s enough insurance coverage. Personal injury lawsuits are typically filed against insurance companies rather than individuals. The at-fault party must have sufficient insurance coverage to cover the injured person's medical expenses or provide full compensation for their injuries.
If you are unsure if you have a case, contact our Denver-area lawyers. We're here to help.
What should I do immediately after a truck accident in Denver?
If you’re wondering what to do after being hit by a semi-truck, your priority should be safety and seeking medical attention.
Move your vehicle to a safe location away from traffic and call 911. Report the accident and request medical assistance for anyone who may be injured. Even if you feel fine, some injuries might not be immediately noticeable. A medical evaluation ensures your well-being and documents your condition for your claim. Professional medical care creates a record that can serve as valuable evidence in court.
Collect information from the truck driver, including their name, contact details, insurance information, trucking company name, and license plate number.
While a photograph of a license plate can help in many auto accidents, commercial truck accidents can be different. Having the license plate number of a truck won’t always suffice when attempting to collect driver information, as many trucks are often leased through a third party. A better solution is photographing the driver’s door with the U.S. Department of Transportation number (US DOT number). This identifier will enable your legal team to get the driver’s name, address, insurance information, and trucking company.
Photograph the accident scene, including vehicle damage, road conditions, and any visible injuries, as this evidence can support your case. Additionally, contact information must be gathered from witnesses who observed the accident.
Be cautious with your statements, avoiding phrases like “I’m sorry” or “I didn’t see you,” as they may be interpreted as admitting fault and used against you later.
As the final step, contact Morgan & Morgan. Our Denver team offers free case evaluations, helping you explore your legal options and take the first steps toward moving forward with your life.
How long after a Denver truck accident can I file a claim?
Time limits, known as the statute of limitations, govern how long personal injury victims must file a lawsuit. For truck accident cases, these timeframes vary by state, generally ranging from one to four years from the date of the accident. Promptly consulting with one of our Denver-based lawyers is essential, as missing the deadline could prevent you from recovering compensation.
How long does it take to resolve a truck accident claim in Denver?
The statute of limitations is a legally defined time limit within which someone must file a lawsuit, and this time frame varies depending on the type of case and state.
For truck accident claims, the statute of limitations generally requires filing a claim within a certain period after the accident. Filing within this period is essential to retain your right to pursue compensation.
It’s advisable to consult with a Denver-based attorney as soon as possible after the incident, as gathering evidence and building a strong case can take time. Your attorney can also help ensure all documents are filed accurately and on time.
Why should I hire Morgan & Morgan, Denver?
At Morgan & Morgan, our Denver-based team of experienced commercial truck attorneys has successfully represented countless clients in similar situations, securing millions in compensation. As the largest personal injury law firm in the country with over 1,000 lawyers nationwide, we have the resources, knowledge, and dedication to fight for your rights.
We operate on a contingency fee basis, which means you don’t pay anything unless we win your case. At Morgan & Morgan, we believe justice should be accessible to everyone, as reflected in our motto: The Fee Is Free™. You only pay if we win.
How much does it cost to hire Morgan & Morgan in Denver?
At Morgan & Morgan, we work on a contingency fee structure, which means you don't pay any upfront fees. That’s right—the Fee Is Free™, and you only pay if we win. Your lawyer receives a percentage of the compensation you recover from your case, and only if you win. Here’s a breakdown of how it usually works:
Contingency Fee Arrangement
- No Win, No Fee: With a contingency fee, the lawyer only gets paid if you recover compensation through a settlement or court verdict.
Free Consultations
- Call Morgan & Morgan Denver anytime for a free case evaluation to learn more about your legal options. You are not obligated to work with us.
- From there, Morgan & Morgan’s truck accident lawyers offer a free initial consultation to evaluate your case, explain the legal process, and discuss the fee structure.
What Can Affect the Final Cost?
Several factors influence the total cost of hiring a truck accident lawyer, including:
- Case Complexity: Truck accidents can involve multiple liable parties (e.g., trucking company, driver, manufacturer), which may require more time and resources to investigate.
- Going to Trial vs. Settlement: Cases that go to trial often require extensive preparation, additional court filings, and greater attorney involvement, which may result in a higher percentage fee.
- Lawyer’s Experience and Reputation: More experienced or well-known attorneys may charge higher contingency fees due to their track record of success and expertise in handling complex cases.
Advantages of a Contingency Fee
- No Financial Risk: The contingency fee arrangement enables injured individuals to seek compensation without the upfront cost of legal fees.
- Incentive for Success: Since the lawyer’s fee depends on the outcome, they are motivated to secure the highest possible settlement or court award for you.
What sort of compensation can I receive after a truck accident in Denver?
Victims of a Denver truck accident may be entitled to various types of compensation, including:
- Medical Expenses: Coverage for current and future medical bills, including hospital stays, surgeries, medications, and physical therapy.
- Lost Wages: Compensation for income lost due to injury and any future earning potential if the injury impacts your ability to work.
- Pain and Suffering: Monetary compensation for physical pain, emotional distress, and diminished quality of life.
- Property Damage: Reimbursement for repairing or replacing your vehicle and other personal property damaged in the accident.
- Loss of Consortium: Compensation for the impact of the injury on your relationship with your spouse or family.
- Punitive Damages: In extreme negligence or recklessness cases, the court may award punitive damages to punish wrongdoers.
After securing legal representation for a truck accident, your attorney will evaluate the damages specific to your case and estimate a fair compensation amount. Morgan & Morgan in Denver offers free consultations for truck accident cases, allowing you to review your legal options after a truck accident injury.
Do I have to pay for a consultation in Denver?
No, consultations with Morgan & Morgan are completely free. We are dedicated to providing legal advice to everyone, regardless of their financial situation.
Starting with one of our Denver truck crash lawyers is quick and easy. You can begin with a free case evaluation in minutes, either online or over the phone.
Who will be on my Denver case team?
When you hire Morgan & Morgan, Denver, you don’t just hire a lawyer; you hire the largest personal injury law firm in the country, with over 1,000 lawyers and offices in all 50 states and Washington, D.C.
Your case will be handled by a dedicated team of professionals, including personal injury lawyers, paralegals, and support staff. You will be assigned a care team with a primary attorney overseeing your case and ensuring you receive personalized attention.
When do I meet with my Denver truck accident lawyer?
Following your initial consultation, your care team will arrange regular meetings to review your case, share updates, and prepare you for upcoming proceedings. We are dedicated to maintaining clear communication and ensuring you stay informed throughout the process.
Depending on your case's needs and your availability, these meetings can be conducted in person, virtually, or over the phone.
What’s the average settlement for a trucking accident claim in Denver?
The average settlement for a truck accident claim can differ significantly based on various factors, such as the severity of injuries, the extent of property damage, and the specific circumstances of the accident.
The severity of your injuries is the most significant factor in determining a settlement amount. Cases involving minor injuries, such as whiplash or bruising, may result in smaller settlements. Severe injuries, such as spinal cord damage, traumatic brain injuries, or multiple fractures, often result in significantly larger settlements.
Medical expenses are a key factor in determining your settlement amount. These include costs for emergency room visits, surgeries, hospital stays, physical therapy, and ongoing or future medical care. Generally, higher medical costs lead to larger settlements.
How do you prove who is responsible in a truck accident case in Denver?
Fault in a Denver truck accident is determined by examining evidence to establish which party’s negligence caused the accident. Key factors include:
- Police Reports: Official reports provide initial assessments of fault based on the responding officer’s observations.
- Eyewitness Testimonies: Statements from witnesses can provide insights into how the accident occurred.
- Accident Scene Analysis: Photos, video footage, and forensic analysis of skid marks or debris can help reconstruct the accident.
- Truck Driver Logs: These logs can reveal if the driver violated hours-of-service regulations or was fatigued.
- Vehicle Inspections: Maintenance records and vehicle inspections can uncover mechanical failures or improper maintenance.
- Black Box Data: Most trucks have data recorders that track critical information such as speed, braking, and other key details leading up to the crash.
Determining fault can be complicated and may involve multiple parties, such as the driver, the trucking company, and manufacturers. A commercial truck accident attorney can assist in gathering evidence and building a strong case on your behalf.
What should I expect during the legal process of a Denver truck accident claim?
The legal process of a Denver truck accident claim can be complex, involving multiple parties and extensive investigation. It usually begins with an initial consultation with your lawyer. Morgan & Morgan’s truck accident attorneys offer a free consultation where they evaluate your case, explain your rights, and outline the legal process.
During this meeting, you’ll provide details about the accident, your injuries, and any potential evidence (police reports, photos, witness information). The Denver lawyer will assess whether you have a viable case and discuss the potential for compensation.
Truck accident claims often require in-depth investigations, as multiple parties may be involved. Your attorney will gather evidence, which may include:
- Police reports and accident scene photos
- Driver’s logbooks (hours of service records)
- Vehicle maintenance records
- Truck’s black box data (to see speed, braking patterns, etc.)
- Surveillance footage, if available
- Witness statements
- Medical records documenting your injuries
Depending on the case's complexity, your lawyer may work with accident reconstruction experts, medical professionals, or trucking industry specialists to establish liability.
Your Denver attorney will work to identify all potentially liable parties. Truck accidents often involve multiple responsible entities, such as the truck driver, the trucking company, the vehicle manufacturer, and those who loaded the cargo. Your lawyer will establish liability and file the necessary claims.
After gathering sufficient evidence, your attorney will prepare and send a demand letter to the insurance companies or at-fault parties. This letter will detail the facts of the case, your injuries, and the compensation being sought.
If negotiations fail to produce a fair settlement, your Denver attorney will file a formal lawsuit, initiating the litigation phase and establishing a timeline for the legal proceedings.
Throughout the process, your attorney will negotiate with the insurance companies representing the driver, trucking company, or other responsible parties. Insurers may try to offer a lower settlement, but your attorney will fight for fair compensation for your medical bills, lost wages, pain and suffering, and other damages.
Most truck accident claims are settled outside of court. If the insurance company offers a reasonable settlement, your lawyer will evaluate it and advise whether to accept or pursue further negotiations.
If the case proceeds to court, both parties move into the discovery phase, exchanging evidence, documents, and witness information. This phase typically includes:
- Depositions (sworn statements taken from witnesses, the truck driver, and possibly you)
- Interrogatories (written questions exchanged between parties)
- Expert testimonies
Attorneys may file motions to dismiss certain claims or suppress specific evidence during this period.
If a settlement is not reached, the case will move to trial. During the trial, your Denver attorney will present evidence, call witnesses, and make legal arguments to establish liability and damages. The defense, representing the trucking company or driver, will also present its case. Once both sides have made their arguments, the judge or jury will determine liability and decide the amount of compensation to be awarded.
A settlement is often reached before the case goes to trial. Your attorney will review any settlement offers with you to ensure they cover your current and future needs.
If your case goes to trial, the jury or judge will issue a verdict on who is liable and the amount of damages. The liable parties must pay the awarded compensation if you win the case.
The legal process for a truck accident claim includes consulting with an attorney, gathering evidence, negotiating, and potentially going to court. Each step is aimed at securing fair compensation for your injuries and damages. A skilled Denver attorney will support you throughout this process and advocate for your rights.
Why are Denver truck accidents more complicated than car accidents?
Truck accidents are often more complex because they may involve multiple parties, such as the truck driver, the trucking company, vehicle manufacturers, and cargo loaders. Furthermore, trucking companies must comply with federal regulations established by the Federal Motor Carrier Safety Administration (FMCSA), adding an extra layer of legal considerations.
The complexity of truck accidents is heightened by the severity of injuries and the substantial stakes in compensation claims. Large trucks can cause significantly more damage than a standard small vehicle fender-bender.
A truck accident lawyer at Morgan & Morgan in Denver can navigate the complex legal process on your behalf, allowing you to focus on your recovery and moving forward with your life.
What are the most common causes of truck accidents in Denver?
Common causes of truck accidents in Denver include:
- Driver Fatigue: Truck drivers frequently face pressure to meet strict delivery deadlines, resulting in fatigue and slower reaction times.
- Distracted Driving: Texting, eating, or using in-cab technology can distract drivers from the road.
- Speeding: Trucks require longer stopping distances, and speeding increases the risk of collisions.
- Improper Loading: Overloaded or improperly secured cargo can cause the truck to tip or lose control.
- Mechanical Failures: If not properly maintained, faulty brakes, tires, or other mechanical issues can lead to accidents.
- Driving Under the Influence: Alcohol or drug use impairs a driver’s ability to operate the vehicle safely.
Can I sue the trucking company if the driver was at fault in Denver?
Under the legal principle of vicarious liability, the trucking company is often held accountable if the driver is found at fault for the accident. Under this principle, employers are responsible for their employees' actions during job-related duties. The company may be liable for the driver’s negligence or recklessness in truck accident cases.
Vicarious Liability (Respondeat Superior)
Respondeat Superior is a legal doctrine that holds employers liable for their employee's negligent actions as long as the employee acted within the scope of their employment when the accident occurred.
In a Denver truck accident, if the driver was carrying out their duties, such as delivering goods or following a company route, the trucking company can be held responsible for the driver’s actions, even if the company was not directly at fault.
Negligence of the Trucking Company
In some cases, the trucking company may also be directly at fault, strengthening the case against them. Common reasons include:
- Negligent Hiring Practices: A company may be liable for negligent hiring if they employ an unqualified or unsafe driver, such as someone with a poor driving history or insufficient training.
- Poor Training: The company could be held responsible if it failed to provide adequate training for the driver.
- Improper Truck Maintenance: The trucking company is responsible for ensuring that its fleet is properly maintained. The company can be sued if a mechanical failure caused by poor maintenance contributed to the accident.
- Violation of Hours-of-Service Regulations: Truck drivers must adhere to federal regulations limiting the hours they can drive without rest. A trucking company may be liable if it pressures or requires drivers to violate these rules.
Independent Contractors vs. Employees
Trucking companies may claim that the driver is an independent contractor rather than an employee to avoid liability. However, Denver courts may still hold the company accountable based on their control over drivers' actions, such as assigning routes and setting work schedules.
Determining whether the driver was an independent contractor or an employee may involve investigating the terms of the driver’s employment and the company’s role in overseeing their work.
Other Liable Parties
In addition to the trucking company and driver, other parties may be liable for the accident, such as:
Truck Manufacturers: If a mechanical failure caused by a defect contributed to the accident, the truck’s manufacturer could be liable.
Cargo Loaders: If improperly loaded cargo caused the accident, the company responsible for loading the truck could also be liable.