When trucks are improperly maintained, they can be an incredible danger to others on the road. This can lead to serious injury or even death. Improper truck maintenance can be due to the driver's negligence in failing to report an issue, or the company's failure in making sure routine maintenance is scheduled and performed. When a company cuts corners on safety and you or your family is hurt as a result, you can file a personal injury claim to fight for your right to financial compensation.
Understanding the ins and outs of personal injury cases is not something you should be expected to have to know. With the help of an experienced personal injury attorney, you can rest assured that a knowledgeable, competent professional is fighting for your rights and with your best interests at heart. The experienced personal injury attorneys at accidentdenver.com are here to help you get financial compensation for your injuries.
Improper Truck Maintenance Accident Lawyers in Denver, Colorado
When you are involved in a truck accident caused by improper truck maintenance in the greater Denver, Colorado area, you need an experienced legal team to fight for you. Injuries sustained from truck accidents can negatively affect your life in both the short term and long term. If you suffered as a result of another person's negligence, you are entitled to financial compensation.
Our team at accidentdenver.com pride themselves on clear, honest, and open communication with each and every one of their clients. No matter how small or how big your case may be, the accidentdenver.com team will keep you informed every step of the way throughout the process and they will handle every detail seamlessly to put you on the road to recovery.
Accidentdenver.com takes cases on a contingency basis. This means that you pay nothing until your case has reached a favorable resolution. Let us put our years of experience to work for you and your loved ones.
Improper Truck Maintenance in Colorado
All too often, truck companies fail to maintain the quality and working condition of the trucks they use. These trucks, while important to the economies of Colorado and the U.S., are also a major danger if not properly maintained. Improper truck maintenance is negligent conduct and when that negligent conduct results in injuries or death, the company can be held responsible.
Truck companies are held to a certain standard of care in maintaining their trucks. The Federal Motor Carrier Safety Administration (FMCSA) sets the following standards.
- Every motor carrier shall systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained, all motor vehicles subject to its control.
- Parts and accessories must be in safe and proper condition at all times.
- Pushout windows, emergency doors, and emergency door marking lights must be inspected at least every 90 days.
The FMCSA also sets forth specific rules on how records are to be kept with regards to truck maintenance. This responsibility falls primarily on the employer of the truck driver, not the driver.
The driver has the responsibility to write daily post-trip inspection reports. The report is required to list any defects or deficiencies discovered by or reported to the driver that could affect the safety of the operation of the vehicle.
Any defects listed on the daily inspection report must be dealt with. Failure to take care of the listed issues can result in liability on the part of the driver and/or the trucking company.
Proving Improper Truck Maintenance
It is not enough to simply allege that a failure to maintain was the cause of the accident. Evidence of improper truck maintenance includes but is not limited to:
- failure to properly inflate tires;
- failure to properly secure truck parts or cargo;
- failure to change the oil in the engine;
- failure to timely change balding tires;
- improper maintenance of truck engine or parts;
- failure to check and maintain the braking system on the truck;
- failure to follow applicable local, state, and federal trucking maintenance regulations;
- improper routine maintenance checks; and
- improper notification of trucking maintenance issues by driver or company.
Proving the cause of the accident may require expert testimony. A qualified expert can be found by your personal injury attorney.
Personal Injury Claims for Improper Truck Maintenance Accidents
If you have been injured in a truck accident-related to improper truck maintenance, a personal injury lawsuit is designed to financially compensate you for the injuries you or your family have suffered. A personal injury lawsuit allows you to hold the driver or the trucking company responsible for its negligent actions.
The statute of limitations on personal injury cases involving motor vehicle accidents is three years. This means that, from the date of the accident, you have three years to file your claim or you cannot file your case. If you fail to file within the three-year statute of limitations, your case will very likely be dismissed even if you have a valid claim. Few exceptions to this rule apply.
Damages in Personal Injury Cases
In a personal injury case, you can recover both economic and non-economic damages. Economic damages cover out of pocket costs, such as:
- medical bills,
- property damage, and
- lost wages.
These are more easily identifiable with a specific monetary amount and can be identified with "paper trail" evidence.
Non-economic damages include more subjective losses, such as:
- pain and suffering,
- disfigurement, and
- loss of consortium.
You can prove these damages and receive financial compensation for them with the help of an experienced personal injury lawyer.
Wrongful Death Claims
If you lost a family member as the result of a truck accident involving improper truck maintenance, specific family members may file a wrongful death action to recover monetary damages. A person can file a wrongful death action if that person is:
- the spouse (or heirs with spouse's consent);
- if no spouse, the heirs of the victim (children); or
- a designated beneficiary
The parents of the family member killed may only bring a wrongful death action if the victim left behind no spouse, children, or designated beneficiary.
Wrongful death claims are limited by a two-year statute of limitations, one year shorter than that for a personal injury claim. It is crucial to speak with a qualified attorney as soon as possible after the death of a loved one, or your case could be lost.
Consult an Experienced Denver Improper Truck Maintenance Accident Lawyer
Improper truck maintenance can lead to serious injury or even death. If you or a loved one has been injured in any sort of truck accident in the greater Denver metropolitan area, please do not hesitate to contact accidentdenver.com today at 303-642-8888 for a free consultation. We are here waiting for you.