Truck Accident Attorney in Denver

Different factors will influence the value of your claim after a truck accident. 

Let's start with Colorado's modified comparative negligence law, as we discussed earlier. The higher your percentage of fault, the lower the compensation you may be entitled to. The good news is that a skilled attorney may be able to help minimize your level of fault and establish the other party's negligence.

The extent and severity of the injuries you sustained will also influence the value of the claim you file with the other party or your insurance provider (if you have a policy protecting you against such injuries). In most cases, injuries that result in long-term or permanent disability or those that need extensive medical treatment, rehabilitation, and ongoing care will generally lead to higher compensation. 

Most people don't realize that the steps they take after an accident can impact the value of their claim. For example, seeking prompt medical attention and following through with all recommended treatments and therapies can help improve the value of your claim because that leaves almost zero room for the defendant to doubt your injuries. 

On the contrary, if you delay seeking medical treatment or fail to adhere to your healthcare provider's instructions, the other party will argue that your injuries are not as severe as you claim. 

Lastly, you've learned how an attorney can help in different situations after a truck accident. Do not fail to hire one. To sum up, the attorney will thoroughly investigate the accident to establish the facts, gather evidence to determine and prove liability, negotiate with insurance companies for a fair settlement, and even fight for you in court if the need arises. 

Because each case is different, there is no standard evidence for such cases. It all boils down to the specifics of your case. 

That said, the following types of evidence could help substantiate your claim. 

• Accident reports filed by police officers who responded to the accident scene.
• Eyewitness testimonies.
• Opinions of experts, such as accident reconstruction experts or medical professionals.
•  Photographs or videos of the accident scene showing all vehicles involved and the damages sustained. 
• Maintenance and inspection records of the truck involved to determine whether the owners were negligent.
• Medical records and bills documenting your injuries and treatments.
• Employment records, such as driver's logs and schedules, to establish if the accident occurred due to driver fatigue or violation of regulations.

A skilled lawyer can help hold many different parties responsible if they contribute to the accident. This is one tactic attorneys use to maximize claims. 

Depending on the nature of the accident, the following parties may be liable: 

• The truck driver if they were negligent by speeding, driving under the influence, or violating traffic laws.
• The trucking company if they failed to properly train or supervise their drivers or if they did not follow mandatory maintenance and safety protocols.
• Vehicle or parts manufacturers if a defective part in the truck caused the accident.
• Cargo loading companies if they failed to properly load and secure cargo, which caused the accident.

You may be able to seek compensation for your injuries and resulting damages if you are an employee involved in a truck accident while performing your job duties at work. To obtain compensation, you must file a workers' compensation claim with your employer, which bars you from filing a lawsuit.  

However, there may be exceptions to this rule. Take, for example, a situation where your employer's intentional misconduct or gross negligence directly caused the accident. In such a case, you may be able to sue them directly for the injuries and damages you sustained.

Yes, but such a lawsuit can be more complex. You can sue government entities, such as municipalities or state agencies, for negligence leading to a truck accident. Examples of such negligence include poor road maintenance, a lack of or inadequate signage, malfunctioning traffic signals, and so on. 

However, before filing a lawsuit, you must first file a claim with the government within 180 days of the accident or when the injury was discovered or should have been discovered. Once you've filed the claim, you must wait an additional 90 days to file a lawsuit unless the government agency denies the claim before the expiry of the 90-day rule.

In Colorado, you have three years from the date of the accident to file a lawsuit to seek compensation for the injuries or damages you incurred. If someone died in the accident, your loved one, in this case, you only have two years from the date of death, not the date of the accident.

The court will not hear your case if you file a lawsuit outside this deadline. This is because, legally, such a case is considered null and void or 'time-barred.' Insurance companies will also not negotiate with you if they know the case has already expired. 

Because truck accident cases are usually complex, there is always the possibility that the insurance company won't accept liability without a fight. These accidents often involve serious injuries and sometimes death due to the sheer size of trucks compared to smaller vehicles. 

If you wait too long to file a claim, you may be time-barred. In addition, the longer you wait, the harder it is to build a strong case because your attorney will always have an eye on the deadline when they should be focusing on building a strong case for you or a loved one. 

Don't let your claim be time-barred; you deserve compensation if you have been injured in a truck accident or lost a loved one. Contact us today for a free case evaluation.