Step by Step Guide: What to Do After an 18 Wheeler / Tractor Trailer Accident in Colorado

truck crash injury claim

Written by Jeremy D. Earle, JD

June 16, 2023

What To Do After an 18 Wheeler Accident

Tractor-trailers, also known as “18-wheeler” trucks, play an important role in our country’s economy, transporting millions of tonnes of freight from one state to another each year.

While these cars are necessary, they also represent a danger of serious injure to other drivers in the event of a collision.

Due to the many federal and state restrictions that apply to commercial cars, truck accident cases are often more difficult than other motor car accidents. As a result, hiring an attorney specializing in tractor-trailer accident cases is the best way for victims of semi- truck accidents to ensure that they get the compensation they deserve.

Because many trucking routes from Mexico pass through Colorado Springs and southeast Colorado, they are particularly vulnerable to the dangers of tractor-trailer accidents. Cross- border transportation has been more widespread since NAFTA in the early 1990s.

Anyone traveling on Colorado Springs’ streets is fully aware of the many commercial cars that use our routes. However, those coming from Mexico may not be subject to the same level of safety and regulatory scrutiny as domestic carriers.

You may be puzzled and bewildered after a collision with an 18-wheeler, as well as unclear of what to do next. Unfortunately, what you say and do immediately after an accident may determine whether or not you will be able to recover financial compensation for your injuries or other losses.

Following an accident, truck accident victims should take the following actions after dialing 911 for police and an ambulance (if anybody has been injured).

DOCUMENT PERTINENT INFORMATION

The exact details of your accident, like in any personal injury case, are critical in establishing legal culpability. The names of the drivers involved in the accident, the corporation responsible for the truck’s operation, the weather conditions at the time of the accident, the speed you were going, and any other variables you suspect may have contributed to the accident are all likely to be significant. If feasible, take photos of the accident area and get contact information from anybody who may have seen the accident.

SEEK MEDICAL HELP — If you’ve been in an accident, you should seek medical help from a certified expert. Even if you do not need an ambulance transfer from the site, you

 

should have a doctor evaluate you in an emergency hospital as soon as possible if you show any symptoms of injure. Some injuries take hours or even days to manifest symptoms, so getting them evaluated as soon as possible might help you prove that they were caused by your accident.

SPEAK TO AN ATTORNEY

As quickly as feasible, get legal counsel. After an accident, trucking firms have competent lawyers who work hard to minimize their legal culpability. Furthermore, insurance firms will nearly always try to settle with victims for a fraction of their claim’s value. The best approach to guarantee that you obtain the compensation you deserve is choosing an attorney specializing in trucking accidents.

For a free consultation, contact a Colorado Springs trucking accident lawyer now.

Victims of truck accidents and their families may be entitled to substantial compensation for their injuries. After a truck collision, Colorado Springs trucking accident injury attorney Jeremy D. Earle, JD, has represented people in Colorado Springs and around the state.

Call Warrior Accident Lawyers at 719-300-1100 right now for a free consultation. Remember, the consultation is free, and you won’t have to pay anything until he wins your case.

THE COLORADO TRUCKING INDUSTRY

As the quantity of traffic on the road continues to expand each year tremendously, the trucking sector in Colorado has taken off this century. Trucks such as oil tankers, store cars, and delivery drivers use Colorado roads daily to transport their goods in and out of the state and nation.

Simply put, Colorado’s transportation business is massive. Because of the state’s size, items must travel significantly to reach their final destination. According to the Colorado Department of Transportation, approximately 1.2 billion tonnes of cargo pass through Colorado roadways each year.

This accounts for half of all freight transported in Colorado each year. According to projections, this number will double in the next 20 years, particularly as Colorado approaches being the most populous state in the US.

Colorado sees a lot of truck traffic due to the following reasons:

Trucks convey the majority of freight between Colorado and Mexico, and there is considerable border infrastructure to facilitate commodities transit.

Colorado has several deepwater ports that receive cargo from Mexico.

 

Colorado is the most oil-producing state in the United States, with several refineries. Trucks transport a lot of goods out of the state.

The state boasts a huge interstate highway system for commodities transportation.

Colorado’s extensive interstate highway system may be both a boon and a pain. Long lengths of roadways may cause truckers to get weary when transporting cargo. Although truckers may disregard them, long driving shifts and too much driving time without a break are prohibited by federal standards.

Furthermore, the state’s wide road may urge truckers to accelerate to make up time or deliver their product to its destination on time. Truck Traffic Increases as a Result of Online Shopping

Before online shopping began to take over retail in Colorado, there was a lot of truck traffic. Almost every car you see on the road these days seems from Amazon or FedEx. When people of Colorado Springs place purchases online, firms must complete and deliver the goods as soon as possible, resulting in a significant increase in truck traffic.

Amazon is spending billions to boost its delivery capacity, and other huge trucking businesses are racing to follow up.

These are just the trucking firms you’re familiar with. Because of the development of the owner-operator, Colorado now has over 66,000 trucking enterprises. These businesses do not all adhere to the same safety standards.

You can imagine what smaller trucking businesses may do to enhance their earnings if major transportation companies take costs. If you are in the wrong location at the wrong time, all it takes is one improperly maintained car whose owner does not obey federal and state rules to cause serious injury.

IN COLORADO, THE NUMBER OF PEOPLE KILLED IN TRUCK ACCIDENTS IS RISING.

The number of truck fatalities in the state has lately risen to nearly 600 each year, the most in the nation. Most people concentrate on data about truck accident deaths; however, even if the accident victim survives, truck accidents may result in significant injuries. The weight difference between 18-wheelers and semi-trucks and the cars they collide with multiplies other drivers’ accident damage and injuries.

Truck accidents are significantly more dangerous and lethal than an ordinary car collisions, which is not an exaggeration. Furthermore, there are many more things that may go wrong with a truck carrying up to 80,000 pounds of merchandise and is on a tight delivery schedule.

 

VICTIMS OF TRUCK ACCIDENTS: SOME RECOMMENDATIONS

The aftermath of a truck accident may be demanding and challenging for wounded accident victims and their families. There’s a good chance that someone was hurt in the collision for starters. Families may be coping with losing a loved one who did not survive the impact in certain situations. Those who survive are likely to suffer significant injuries.

Many individuals are curious about the initial steps that families should take after a truck accident.

As previously said, the following are the most critical measures to take:

Ensure that you get the medical diagnosis and treatment that you need to properly record your claim and begin on the path to recovery.

As soon as possible following your car accident, hire a lawyer to begin the process of obtaining financial compensation for your injuries.

At the site of the accident, the legal procedure starts. Likely, you won’t be able to obtain basic information at the site of the accident. You might enlist the help of someone else on the site to capture the photos required to demonstrate what occurred. It may benefit your claim or lawsuit if you can get contact information for any witnesses.

AFTER A TRUCK ACCIDENT, WHAT DOES YOUR ATTORNEY DO?

This is why it is critical to get legal advice as soon as possible. If you can’t collect proof on your own (and, likely, you won’t be able to), your lawyer can start to work right away. It’s all about the investigation and evidence in truck accidents. You’ll need evidence to support your point of view. When a car is involved, you have many more options for proving your case.

Your attorney will go to work quickly after the accident to gather some of the evidence you’ll need. Truck accidents vary from car accidents in that the trucking firm and the truck driver must adhere to a comprehensive set of federal laws. If your lawyer can find evidence of a breach of these regulations, it may be proof that the truck driver was to blame for your accident.

These rules might include anything like:

Limits on how long an operator may drive and how much time they must rest Requirements for truck maintenance

Regulations limiting truck weight and governing risky cargo

 

CDL qualifications and training requirements for drivers

In many situations, the transportation company’s records provide proof of guilt. They may have the answers in their maintenance logs and driving records. Furthermore, many cars include black boxes that might provide crucial information regarding what occurred in the moments leading up to the collision.

WHY DO YOU NEED TO GET MOVING AFTER A TRUCK ACCIDENT?

You must, however, act fast to gather this proof. You can never be certain that the transportation firm will take steps to protect it, particularly if they are aware that it may expose them to significant responsibility.

Before the corporation could delete the evidence, an attorney would commence the legal process required to preserve it. You should not wait too long to obtain black box data because trucking companies are only required to keep it for a certain amount of time before they can overwrite it.

You can start the claims process after your attorney has investigated the crash and determined who was at fault.

One significant distinction between a truck and a car accident may aid your recovery. In the event of a truck accident, you may be able to sue the trucking firm. The truck driver acts as their representative, and the corporation is legally liable for their activities.

TRUCK COLLISIONS ARE HIGH-STAKES SITUATIONS.

This is advantageous since the trucking firm will likely have a substantial insurance company in place. They understand that their assets may be at risk since they will be responsible for any costs that exceed the policy limitations.

If the insurance coverage is insufficient, you may pursue the firm directly. There has been an increase in “nuclear judgments” that have forced trucking businesses out of business in Colorado, as well as the rest of the nation.

This is why the trucking firm and its insurance are concerned about your claim. You may be certain that they will attempt to play hardball in whatever manner possible. Meanwhile, you may be faced with growing medical expenditures and the inability to make a livelihood, among other losses. To match what they have lined up against you, you’ll need your legal firepower.

HOW LONG WILL IT TAKE FOR YOUR TRUCK ACCIDENT CASE TO BE RESOLVED?

 

You’re probably wondering how long your truck accident lawsuit in Colorado Springs will take and when you’ll be paid. When it comes to a truck accident lawsuit, you do what you can: file a claim that sets out the facts and your losses properly. The insurance company mostly determines the remainder and whether or not you must go to trial.

Be prepared for some long talks if you opt to start with the insurance company rather than a lawsuit. When you employ us as your attorneys, we can assist you by determining the worth of your claim. This will prevent the insurance provider from offering you a low-ball offer and underpaying you. Nonetheless, you should expect your lawyer to participate in some lengthy conversations with you.

DAMAGES FROM A TRUCK ACCIDENT

When seeking compensation for your injuries, you have the right to ask for: Suffering and pain

Medical expenses

Wages lost and earning capability lowered Anxiety and depression

DEATH THROUGH NO FAULT OF ONE’S OWN

Punitive damages may be awarded if the trucker’s or their company’s acts were particularly egregious. While they are uncommon in personal injury cases, they might be obtained more readily from a firm that purposely broke the law or was excessively careless.

Due to the statute of limitations in Colorado, you have two years from the date of your accident to bring a case, which is a strict deadline. As a result, the insurance company will not be able to drag out your settlement talks indefinitely.

You may need to file a lawsuit in court at some time, but this does not ensure that your case will go to trial; your case might still settle before a hearing.

Your truck accident lawsuit might take a long time to resolve since a personal injury trial has numerous phases, each of which takes time. Because the defendants have every reason to fight hard, these cases are not always simple. To pressure the defendant and their insurance company, you’ll need a skilled and aggressive attorney.

WHY DO YOU NEED AN ATTORNEY FOR A TRUCK ACCIDENT?

According to studies, wounded claimants who have legal assistance from lawyers get more money on average than unrepresented claims. There are just too many tricks of the trade that

 

the insurance company is aware of that prevent you from managing your case efficiently. If your case gets to court, the discrepancy will only grow. A competent attorney can assist you in achieving your goals. Otherwise, what looked like a sure thing might turn into a scenario where the insurance company either rejects the claim or gives you cents on the dollar. You cannot afford to adopt a do-it-yourself strategy to a truck accident claim.

SEEK THE ADVICE OF AN EXPERIENCED TRUCK ACCIDENT ATTORNEY.

Warrior Injury Accident Lawyers has aided truck accident victims and their families for over two decades. We are not afraid to stand up to anyone who would try to deprive you of the compensation you deserve.

We handle complicated truck accident cases and know how to negotiate with insurance companies to ensure that each client receives the highest compensation possible. We’re ready to discuss your situation with you and see what we can do.

To book your free first consultation, call us at 719-300-1100 or email us. Don’t put off getting the legal aid you need.

Free Consultation

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