How To File a Truck Accident Claim in Colorado Springs

File a Truck Accident Claim

Written by Jeremy D. Earle, JD

March 27, 2022

Colorado Springs Personal Injury Claim Process

Every day in the United States, irresponsible and negligent truck drivers and corporations cause road accidents. Although big rigs are vital to the country’s economy, they also pose serious health and safety risks to those on the road. As a result, government agencies (such as the Federal Motor Carrier Safety Administration) have enforced rules and regulations that all trucking businesses must follow.

If these regulations are broken, and a truck accident occurs, victims may claim financial compensation.

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In Colorado Springs, Hire a Truck Accident Lawyer

Although it is not required, employing a lawyer may increase your chances of receiving compensation from a trucking business or another defendant in Colorado. A truck accident lawyer in Colorado Springs might help you construct a case against a trucking firm or one of its drivers. A lawyer might assist you in building your case, collecting proof, and going up against a large organization without fear of being exploited. A lawyer might handle insurance settlement discussions on your behalf, as well as other chores, including submitting your first claim by Colorado law.

Construct a case against the defendant by gathering evidence

The party most culpable for the collision will be your truck accident case defendant. Depending on the circumstances of the crash, it might be the truck driver, trucking business, truck component manufacturer, cargo company, third-party driver, and the City of Colorado Springs. The trucking business is usually the defendant in most trucking accidents because vicarious liability rules hold trucking corporations liable for collisions involving their vehicles and drivers.

You or your attorney will collect evidence to show that the trucking business or another defendant was responsible for your accident. Photographs of the collision, data from electronic logging devices or the truck’s black box, eyewitness accounts, video footage, medical papers, expert testimony, police reports, and more might all be used as evidence. A lawyer might help you find fault and gather evidence against the culprit.

If you want to file a lawsuit in Colorado, you must do it before the statute of limitations expires

You lose your right to submit a truck accident claim if you miss your statute of limitations or filing date. The rules of limitations for truck accidents vary by state. You or your injury lawyer must file a truck accident claim for personal injuries anywhere in Colorado within two years of the date of the incident or two years after someone’s death in a wrongful death claim. If you’re merely claiming property damage, you only have a few options.

It takes three years from the date of the accident to submit a claim. There are just a few exceptions to the severe time restriction for commencing a civil action. After a truck accident, contact an attorney soon to learn about your specific statute of limitations.

To file a truck accident claim in Colorado, you or your lawyer must complete and submit necessary papers to the civil courthouse in the county where the accident happened. If you were in a truck accident in Colorado Springs, for example, your lawyer would file a claim with the Colorado Springs District Attorney’s Office.

For matters under $25,000, go to the Colorado Springs County Court. Important facts and information should be included in your claims, such as the defendant’s name and address, the location of the accident, a summary of the losses you sustained, and the amount of compensation you are seeking.

Make a case for yourself.

The defendant will have a specified number of days to react after filing your first claim against them in the Colorado civil courts. The defendant’s insurance company may examine the claim and approve or refuse a settlement during this period. Negotiations between you, your attorney, and the trucking business will follow settlement approval.

If discussions fail or the insurance company denies your first claim, your attorney may file a truck accident lawsuit against the defendant. A lawsuit may take longer and cost more money to settle than an insurance claim, resulting in more money. A lawyer can advise you on whether mediation or a personal injury lawsuit is the best option for you.

In Colorado, you may get assistance with your truck accident claim

Our expert Colorado Springs truck accident lawyers at the Warrior Truck Accident Lawyers have decades of experience obtaining full and fair compensation for collision victims. We meticulously examine all sorts of truck accidents to identify all parties who may be held accountable and develop a solid case for maximum compensation.

We have a reputation for holding trucking companies and insurance companies accountable, and we are aggressive negotiators and respected litigators.

Make an appointment with the Warrior Truck Accident Lawyers team for a free consultation today. We will explain the circumstances of your case and how to submit a truck accident claim at this first appointment. Our legal office does not charge any fees to begin working on injury claims. In reality, you only have to pay us if and when we get compensation on your behalf.

There are seven steps to filing a truck accident insurance claim in Colorado.

Injured victims of commercial truck accidents often face high medical expenses, lost wages, substantial vehicle damage, and prolonged agony and suffering. Colorado personal injury law permits those who have been hurt due to the carelessness of another person or corporation to seek redress for their losses. A truck accident injury claim, on the other hand, is not easy to file.

Our Colorado Springs truck accident lawyers will help you through the process of filing a personal injury claim and outline what you can do to safeguard your rights after a collision. You must never say or agree to anything that places responsibility on you or minimizes the severity of your injuries and other losses at any stage. Such remarks may and will be used against you by the insurance provider.

Following a major semi-truck accident, you and any other victims should:

Seek medical help right away. After a vehicle collision, emergency treatment should be your main concern. Call 911 and ask for emergency medical help, or go to the doctor within 24 hours if you don’t need it.

Some significant injuries, such as whiplash, which are prevalent in truck accidents, might not show signs immediately away—seeing a doctor will guarantee that you are adequately treated and that you have documentation of your injury(s) and the medical attention you need. Save all of your doctor’s instructions, including follow-up visits, and keep all your documents and invoices.

Notify the authorities of the incident. When you call 911, a responding law enforcement officer will ask you and the truck driver for basic information. In an accident report, the officer will record details concerning the collision. Inquire about how and when you may get a copy of the report, and obtain one as quickly as possible. (If you do not have a copy of your accident report, our lawyers may acquire one for you.)

Collect information Take photographs of the accident site if you can, including images of the truck with business names, addresses, and other information, as well as your car and any damage. Take pictures of any obvious wounds.

Any witnesses to the collision, including passengers in your car, should be given their name, address, phone number, and email address. Write down what occurred as quickly as possible and design a graphic to assist explain the location of the cars. You may access this information with the aid of applications on your smartphone.

Make contact with your insurance provider. You must report the accident to your insurance carrier. Do not put off alerting the insurance provider since there are stringent deadlines.

Answer inquiries honestly, but don’t make charges about what occurred or why it happened, and don’t take responsibility. Also, do not commit to making a comment that will be recorded.

Insurance adjusters and settlements should be avoided. Soon after your accident, you will most likely get a call from an insurance adjuster. He or she may inquire about your injuries and the accident. An adjuster may also provide you with a settlement cheque that seems to be appealing.

Accepting a truck accident payout without consulting an attorney is a bad idea. Sign nothing and don’t cash any checks. You might end your claim and forfeit your entitlement to full compensation if you pay a cheque or sign a statement.

Do not be discouraged if your claim is denied. An insurance adjuster just needs a few words to declare “no.” They do so to save money, knowing that most people will not fight back. You do, however, have rights.

A rejection does not have to be the end of your claim if you were not at fault for the truck accident that harmed you. An expert Colorado Springs truck accident lawyer may go over the details of your accident and assist you in overcoming the denial.

Get free legal help with your truck accident case. After a truck collision, our specialized truck accident lawyers at the Warrior Truck Accident Lawyers will meet with you for free to discuss your rights and legal alternatives. We may go through a settlement offer you’ve received. We may meet with you at no charge and with no additional commitment at our Colorado Springs law office, at your home, in your hospital room, or wherever is most convenient for you.

After a truck collision, filing a personal injury claim is much more difficult than filing for property damage or even a claim involving two passenger vehicles. You can bet that an army of lawyers will represent the trucking firm, so you shouldn’t attempt to handle this yourself.

Get Assistance With Your Truck Wreck Insurance Claim Right Now

Contact the Warrior Truck Accident Lawyers for a free consultation to discuss a possible truck accident claim. On a contingency-fee-basis, we investigate truck accidents and seek claims of injured persons. We do not seek payment for our services unless and until our customers are compensated.

Our legal office specializes in catastrophic injury and wrongful death claims. We keep our caseload small to provide each client the individual attention they deserve. If we cannot accept your case, we will assist you in pursuing alternative options, including recommending you to other highly skilled Colorado truck accident lawyers with whom we are familiar.

In Colorado, How Frequently Do Truck Accidents Occur?

Light trucks and heavy trucks collide in truck crashes. According to the US Department of Transportation, 405 light vehicles and 89 big trucks were involved in fatal truck accidents in Colorado in 2018. Eighty-seven semi-trailer incidents resulted in death.

In contrast, there were 327 fatal collisions involving passenger automobiles and 108 motorbikes. These figures illustrate that semi-truck accident occur more often than is reasonable. Because trucks spend so much time on the road, going from state to state, they are more likely to be involved in a collision.

The following are some of the most common causes of commercial vehicle accidents:

Inadequate road upkeep or slick roads

Changing weather conditions

Driving while intoxicated or under the influence of drugs or alcohol (this includes prescription drugs)

Speeding

Fatigue

Driving while distracted

Even if a driver has decades of expertise driving a truck, any factors above might cause a catastrophic truck accident. The trucker or any other motor vehicle driver may get a physical injury or die due to the collision. These wounds might vary from mild to serious depending on the collision force and other conditions.

The following are some of the most common injuries experienced in a trucking accident:

Injury to the spinal cord

Injuries to the insides of the body, such as internal organ damage or internal bleeding

Chest problems

Head injuries from a traumatic event (TBI)

Fractures or broken bones

Whiplash

Trauma to the head

If a person survives serious wounds, their quality of life may never return to before the tragedy. A person who has a limb amputated is an example. This is why knowing what to do after a truck accident and when to call an experienced truck accident lawyer is critical.

What Should You Do If You’re in a Truck Accident in Colorado?

As previously stated, the sorts of injuries experienced due to a transportation accident vary. While some individuals are lucky enough to escape with minor injuries, others are not fortunate. Those who live and the family of those who dies have a right to be compensated.

While the law promises that accident victims will be compensated, compensation requests are often delayed. This occurs when insurance companies are difficult to deal with or when the plaintiff lacks sufficient proof to substantiate the negligent behavior of the at-fault motorist. As a result, truck accident victims must know what to do if involved in a collision.

After a truck collision in Colorado, follow these steps

Obtain details about the truck

While truckers are not always to blame for commercial truck accidents, they are often to blame. A commercial truck collision may also be caused by causes such as overloaded cargo, poor maintenance, or a manufacturer’s flaw. It is critical to know who to file a truck accident claim against in each scenario.

The majority of commercial truck drivers are not self-employed. A transportation or freight firm employs them. Because of these complexities, numerous parties might be held accountable in a personal injury case stemming from a truck collision.

As a result, get the vehicle’s license plate number, tag number, business name (if applicable), and any other visible information.

Obtain information about vehicle damage caused by other vehicles.

If numerous vehicles are involved in the collision, you must get information about the other vehicles. Photograph the damage to your car and others while photographing the situation.

Before eliminating the automobiles off the road, the shot should include several viewpoints and debris. It’s worth noting that photographic evidence may be used to figure out what occurred in addition to the efforts of accident reconstruction professionals.

Take note of the current road, traffic, and weather conditions.

The status of the road, traffic situation, and weather all have a factor in deciding carelessness, which most people are unaware of. Pay attention to whether the road was wet and slick and traffic congestion or flow. Take note of whether the weather was clear or foggy and if the truck driver drove with all of these considerations in mind.

Information on Insurance Exchange

As truck accident lawyers, we’ve seen how parties to an accident transfer the financial responsibility to their insurance company. The only time parties at fault for an accident manage compensation claims on their own is if they are uninsured.

As a result, exchanging insurance information following a truck crash is excellent.

You’ll know right away whether the negligent party is covered by insurance if you do this. If they don’t, you’ll need to get personal information from them, such as their driver’s license, home and business addresses, and so on.

Gather information and statements from witnesses.

You’ll need witness statements whether you decide to pursue a truck accident lawsuit or accept cash compensation out of court. For example, surviving an 18-wheeler collision would leave you dizzy and confused. It’s also possible that you won’t be able to collect as much data as you’d want.

This is when the role of witnesses comes into play. Gather their statement as well as their contact information. If you decide to ask them to testify about what they saw during the accident, you’ll need the latter. Make sure you do it courteously.

Obtain a police report as well as medical records.

These two are required to prove your harm claim against the liable party. A police report is an official document that details the incident’s circumstances. The type and severity of the injuries, the treatment plan, and the total amount of medical costs are all included in a medical report.

It would also say if you’ve reached Maximum Medical Improvement (MMI) or whether you’ll require further therapy in the future.

Keep a record of accidents.

Keep a chronicle of your path to recovery and what you’ve lost along the way. It should include details on your hospital stays, missed pay, and pain and suffering. It would assist you in obtaining the most reimbursement for your financial recovery.

How Can Truck Collisions Be Prevented?

There is no such thing as an unpreventable accident; a driver’s irresponsibility causes most crashes. Follow the guidelines below to prevent trucking accidents in Colorado:

Drive gently and don’t exceed the legal or stated speed limit.

Conduct a thorough assessment of your blind areas and a pre-trip checkup.

Plan your route and utilize a GPS for navigation if you’re going on unknown roads.

Leave plenty of room between cars and prevent tailgating.

Keep an eye out for turns, and if there’s a forecast for bad weather, wait till it passes.

In a truck accident, who pays for the damages?

Three forms of compensation are available to victims of commercial transportation accidents. Economic damages for monetary losses, non-economic damages for intangible losses, and punitive damages are the three types. Only in trucking accident claims is the latter granted as a deterrent against severe carelessness.

The following are examples of economic and non-economic damages:

Medical expenses and potential treatment costs

Loss of earnings and earning ability

Companionship loss

Loss of property

Dissatisfaction

Suffering and pain

Anxiety and depression

If the victim passes away, funeral and burial costs will be incurred.

These types of remuneration are covered by:

The errant driver

A trucking firm

Loader for cargo

Manufacturer of trucks

A mechanic for trucks

Depending on who is to blame, the wounded person may file a claim against one or more of the following. The losses would be covered by their insurance carrier. Remember that before agreeing to a settlement, an insurance adjuster will examine the merits of your compensation claim.

They will not settle if they believe the compensation claim lacks merit. However, even if a claim is valid, the insurance company may still refuse to pay the settlement amount. If this occurs, contact a personal injury attorney. Warrior Trucking Accident Attorneys has a team of transportation accident attorneys specializing in Colorado trucking law.

Does the Comparative Negligence Rule Affect Trucking Accident Compensation?

Colorado has a modified comparative negligence system in place. It indicates that responsibility does not have to be 100 percent in an accident. Comparative fault refers to the percentage of guilt that the parties share.

It indicates that a victim’s degree of responsibility will be subtracted from their compensation amount. For example, an automobile at a normal pace fails to make a correct turn. A speeding semi-truck collides with the smaller car and totals it while making the bend.

The law will determine the extent to which both parties are liable. If the passenger vehicle driver bears 25% of the fault and is awarded $100,000 in damages, their take-home pay will be $75,000. The court deducts 25% from the total judgment amount in such a case.

In contrast, if the defendant’s responsibility is not up to 51 percent or more, the wounded victim will get no compensation. Similarly, if both the truck driver and the car driver have equal faults, say 50% apiece, they will not owe each other anything. For a complete explanation, contact Warrior Trucking Accident Attorneys.

You Need a Colorado Expert Truck Accident Attorney!

We have an excellent team of personal injury attorneys at Warrior Trucking Accident Attorneys who have years of experience helping our clients seek justice. We are aware of a truck accident’s financial and emotional consequences and are here to assist you.

Our mission is to get a fair settlement for you, and we take it very seriously. We operate on a contingency basis and do not want any advance payment. For a free case evaluation, contact us now.

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