When a truck accident occurs on Denver roads, and you are injured as a result, it is not only the driver who is likely to be responsible. In most cases of driver negligence, the driver's employer is also liable to you for any damages suffered as a result of the accident. This legal process holds the employer responsible for the actions of its drivers while in the course of their employment.
This is important because the ability to pay your medical expenses, pain and suffering, and more is much more likely from the company, rather than just the truck driver. You deserve to be compensated for your injuries, and filing a personal injury lawsuit against both the driver and his or her employer is the best way to proceed. With the help of an experienced personal injury attorney at accidentdenver.com, you can fight for the financial compensation you deserve.
Truck Driving Accident Lawyers in Denver, Colorado
When you are involved in a truck accident in the greater Denver, Colorado area, you need an experienced legal team to fight for you. Injuries sustained from a truck accident 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.
Truck Accidents & Company Liability
Even when it is the driver's fault, through some form of negligence, that the accident occurred the company that hired and employed the driver can be responsible for your damages as well. Under Colorado law, an employer is responsible for the negligent conduct of its employees acting within the course and scope of their employment. What this means is that when truck drivers cause an injury doing what they normally do, such as driving the truck, the trucking company will be held jointly responsible for the accident.
This legal doctrine is called respondeat superior, the idea that the employer is responsible for the acts of its employees. The company can be held responsible even when the truck driver was the one at fault, and the company did everything else right. This law is in place to protect citizens from harm, and help to provide a better source of compensation for injured victims.
Fault of Trucking Company
In some cases, the trucking company actually did something (or failed to do something) that led to the accident. This helps to better prove that the trucking company was responsible for the accident, and may be the basis for a higher damage award.
Trucking companies often make difficult and unreasonable demands of drivers in terms of expected working hours, delivery times, or other requirements. When an overworked driver causes harm, the company can be held directly liable. A company can also be directly liable as the result of poor hiring practices, such as:
- poor training
- negligent hiring
- lack of supervision
- violation of safety standards and other legal requirements
- pushing drivers too hard causing driver fatigue
Personal Injury Lawsuit: The Process
The first part of filing a personal injury lawsuit is knowing who to file against. You can determine this with the help of your experienced personal injury attorney, who can investigate the facts of your case and file against the appropriate parties. This can include:
- Truck driver,
- Truck owner,
- Trucking company,
- Insurance provider,
- Brake manufacturer,
- Truck manufacturer, and
- Repair company.
Many cases settle before ever making it to trial. Whether a settlement is an appropriate amount can be determined after consultation with your attorney. Ultimately you will get to choose whether to accept a settlement or take the case to trial.
Statute of Limitations
Under Colorado law, a person is required to file a personal injury lawsuit stemming from a truck accident within three years of the date the accident occurred. This is called the statute of limitations period. If you fail to file within this time period, your case could be lost, even if that case is otherwise valid.
One piece of advice, don't wait. The more time you have to investigate and properly handle your case the better. If you wait until its too late, you may lose your chance to be compensated for your injuries.
Colorado Wrongful Death Actions
A wrongful death action compensates the surviving family members for the death of a loved one as the result of an accident. It entitles certain family members to bring this type of claim against both the driver and the trucking company in order to sue for damages related to the death.
The statute of limitations in these cases is limited to two years, one year shorter than for a personal injury claim. This means that it is even more important to consult a qualified attorney as quickly as possible after an accident.
Damages in a wrongful death claim can include:
- Loss of income,
- Loss of services,
- Loss of support the deceased would have provided,
- Funeral expenses, and
- Medical expenses before the individual died.
Consult an Experienced Denver Truck Accident Lawyer
The injuries you suffer from a truck driver accident can change your life forever. The costs may be piling up, but you are not the one who should be responsible for them. That responsibility lies with the truck driver and the truck driver's employer.
If you or a loved one has been injured in any sort of truck driver 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.