Attorney for Tow Truck Accident in Colorado Springs
When a car breaks down or has a flat tyre, the driver will contact a tow truck to have it hauled away. Tow trucks can carry other automobiles from one spot to another because of their design. Tow trucks, for example, are used to transport crippled automobiles from an accident site to an auto repair shop.
Tow trucks, on the other hand, are often engaged in motor vehicle accidents. Due to the sheer size and construction of the tow truck, victims in accidents involving tow trucks are likely to suffer severe injuries. Truck accidents kill nearly 4,000 people each year, according to the Insurance Institute for Highway Safety (IIHS). Accidents involving tow trucks are also included in this category.
You might be eligible for financial compensation if you were injured in a tow truck accident. Consider contacting a knowledgeable Colorado Springs truck accident lawyer to learn more about your legal options and what compensation may be available in your case.
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TOW TRUCKS COME IN A VARIETY OF SHAPES AND SIZES
When travelling about Colorado Springs, Colorado, or any other city in the United States, you may observe that tow trucks come in a variety of shapes and sizes:
Tow Truck With Chains And A Hook
This truck has chains and a hook to tow automobiles or other things.
Wheel-Lift Tow Truck
This kind of tow truck has a hydraulic boom at the end with two crossbars, and these bars go beneath the towed vehicle’s front or rear wheels.
Heavy-Duty (Integrated) Tow Truck
These tow trucks can tow huge vehicles like buses and lorries. For enhanced stability and robustness, integrated tow trucks include an extra axle.
Flatbed Tow Truck
These tow trucks are the most frequent in our nation for towing automobiles. A hydraulic flatbed on the truck reaches ground level, allowing a wrecked automobile to be slid into the bed.
Rollback Tow Truck
Similar to a flatbed truck, this tow truck’s whole body inclines and lowers the rear end into the ground to lift a damaged car onto the flatbed.
Even for seasoned drivers who have driven tow trucks for years, tow trucks are enormous and heavy vehicles that may be difficult to control. Tow trucks feature huge blind spots, making it difficult for a truck driver to see what is going on below and on the sides of the vehicle. Tow truck drivers, according to the Centers for Disease Control (CDC), have one of the worst accident and fatality rates among employees in other sectors.
The tow truck might cross the centre dividing line while performing a wide turn when towing a damaged or disabled automobile. Many passenger vehicle drivers are unaware of this and may smash head-on with the truck.
ACCIDENTS INVOLVING TOW TRUCKS ARE COMMON
The great majority of tow truck accidents in the United States are caused by driver error.
Any of the following kinds of tow truck accidents may be caused by driver error:
Rear-end collisions, in which a tow truck collides with the rear of another vehicle in front of it or the other way around.
Collisions involving a tow truck’s front end colliding with the front end of another vehicle driving in the opposite direction.
T-bone collisions, in which a tow truck’s front end collides with the side of another vehicle, or vice versa.
Sideswipe accidents, in which a tow truck slams into the side of another vehicle driving in the same direction or the opposite way around.
Underride collisions, in which a smaller vehicle collides with a huge truck.
According to the Colorado Department of Transportation, only 57 tow truck crashes were reported in Colorado last year. Any of the sorts mentioned above of crashes, on the other hand, may result in catastrophic injuries or significant property damage.
A variety of factors causes accidents involving tow trucks.
Tow truck collisions occur for a variety of causes. However, the majority of collisions involving these vehicles are caused by driver mistakes.
Some of the most prevalent causes of tow truck accidents include:
Driving while inebriated
Driving while fatigued
Mechanical failures, such as brake problems
Making illegal lane changes
Inadequate vehicle maintenance
Failing to use proper warning signs
Failing to secure the towed vehicle properly
Failing to check blind spots
Tow truck drivers must ensure that the towed vehicle is correctly loaded and secured to avoid falling off the truck. When a tow truck driver fails to secure a towed vehicle properly, the tow truck is more prone to topple or rollover.
PARTIES AT FAULT IN TOW TRUCK ACCIDENTS
Because there may be several accountable parties in tow truck accidents, they are more difficult than incidents involving other vehicles. Identifying responsible parties is a difficult task that requires early investigation and liability analysis by an experienced attorney.
The following are some of the parties that may be held accountable for your tow truck accident:
THE TOW TRUCK DRIVER
If you can show that the tow truck driver was careless, they may be held accountable for any losses or damages that arise. Speeding and failing to examine blind spots while changing lanes or failing to indicate a lane change are prominent examples of carelessness. The trucker may be held accountable for the collision if he or she violates any traffic regulations.
THE TOWING SERVICE
A towing firm employs the majority of tow truck drivers. Towing businesses must examine their vehicles and verify that their drivers have the required certifications and have completed tow truck training. The corporation that hires the driver, in most situations, bears blame with the driver. If the trucker operates as an independent contractor, however, you won’t be able to sue the towing firm.
THE TRUCK’S ORIGINAL MANUFACTURER
If the incident was caused by a fault or mechanical problem with the truck, the vehicle’s manufacturer may be held accountable for the accident and any damages that resulted.
THE TOWING BUSINESS IN CHARGE OF VEHICLE MAINTENANCE
Towing firms sometimes use third-party companies to examine and maintain their cars. When a third-party firm fails to keep a truck in proper working order, and the truck is involved in an accident due to the lack of maintenance, the company may be held accountable for the damages.
A GOVERNMENT ORGANIZATION
If a tow truck accident was caused by bad road conditions or poor road design, the injured person might file a lawsuit against the government body responsible for maintaining the road where the accident happened.
Consider calling a lawyer if you’re not sure who might be held accountable for your tow truck accident. A skilled lawyer can examine your specific circumstances to identify all possibly accountable parties and get the highest possible compensation on your behalf.
TOW TRUCK ACCIDENTS: FREQUENTLY ASKED QUESTIONS (FAQS)
WHAT KINDS OF INJURIES DO TOW TRUCK ACCIDENTS CAUSE?
Because of the truck’s size and weight, a collision with a tow truck may result in catastrophic and debilitating injuries. Injuries sustained as a result of a tow truck may need significant and lifetime medical care. After a car accident, a sufferer may never completely heal or be able to walk again.
The following are some of the most common injuries sustained by victims of tow truck accidents:
Traumatic brain injuries
Back and neck injuries
Injuries to the spinal cord
Internal organ damage
Bone fractures and fractured bones
Cuts and lacerations
Amputation or amputation of a limb
Aside from physical injuries, victims may have mental trauma that may follow them for the rest of their lives. Post-traumatic stress disorder (PTSD), despair, mental agony, anxiety, and other emotional damage are common following a truck collision.
IN A TOW TRUCK ACCIDENT, HOW CAN YOU PROVE NEGLIGENCE?
When seeking compensation for injuries caused by another person, proving carelessness is crucial.
You must establish the following four components to get compensation for your injuries:
- You owed the other person responsibility of care.
- The other party violated the contract due to their carelessness.
- As a consequence of their carelessness, you were injured and incurred damages.
A knowledgeable attorney can assist you in gathering the information and documents needed to back up your claim and show that the other party or parties were negligent and failed to exercise reasonable care.
WHAT KINDS OF DAMAGES CAN YOU GET AFTER A TOW TRUCK ACCIDENT?
As a tow truck accident victim, you are entitled to financial and non-economic compensation for your losses. If a victim’s state law permits for punitive damages and the defendant’s behaviour fits the criterion for claiming these damages, the victim may be entitled to punitive damages.
In most circumstances, a person who has been hurt may seek compensation for things like
Earning capacity reduction/loss
Pain and suffering
Loss of pleasure of life
To assess suitable compensation for your losses caused by a tow truck accident, you’ll need the help of an experienced attorney. Your lawyer will fight for the highest possible compensation in your case so that you may get your life back on track without worrying about financial obligations.
Because many tow truck operators are employed by a company when they crash, an injured person may be able to collect a bigger sum of money from the company’s insurance coverage.
WHAT KINDS OF PROOF CAN YOU PRESENT IN A TOW TRUCK ACCIDENT CASE?
When it comes to establishing guilt in a tow truck accident lawsuit, gathering evidence is critical.
You can use a variety of evidence to prove fault in your case, including
- the truck driver’s logbook
- the truck’s black box data
- internal records from the trucker’s employer
- photos from the accident scene
- video footage from the moment of the crash
- witness statements
- accident reconstruction expert testimony.
Contact a knowledgeable attorney who can gather the required evidence on your side to support your claim and assist you in receiving the money you need to make you whole again after the accident.
AFTER A TOW TRUCK ACCIDENT, HOW LONG DO YOU HAVE TO FILE A LAWSUIT?
You only have a certain amount of time to file a lawsuit against the at-fault party. The statute of limitations begins to run when the harm occurs. The amount of time you have to file a personal injury or wrongful death claim is determined by state law. The statute of limitations varies by state and normally spans from one to four years.
WHAT CAN A TOW TRUCK ACCIDENT ATTORNEY DO FOR YOU?
Colorado Springs Truck Accident Attorney, Jeremy D. Earle, JD
After your tow truck accident, there are a few things a lawyer may do to assist you to get the financial compensation you deserve.
Hiring a lawyer may assist since your lawyer will take care of all of the following to ensure that you get reasonable compensation:
LOOK INTO THE INCIDENT
To collect all available evidence, your attorney will analyse the police report and evaluate any evidence about your case.
GATHER AND SUBMIT ALL REQUIRED PAPERS
Handling a claim after a truck accident necessitates preparing a large number of documents. While you concentrate on healing from your injuries, a lawyer will assist you with your case’s paperwork and the legal parts.
DETERMINE ALL RESPONSIBLE PARTIES
Many truck accident lawsuits include many individuals who may be held responsible for the victim’s injuries and losses.
DETERMINE THE WORTH OF YOUR CASE
Before requesting any settlement amounts in your case, an attorney will assist you in determining how much money is sufficient to compensate you for your losses and damages.
NEGOTIATE WITH INSURANCE COMPANIES
Dealing with an insurance company may be difficult, particularly when they are not interested in paying out claims. When negotiating with insurance on your behalf, a lawyer will safeguard your rights and guarantee that your claim is resolved properly.
FILE A LAWSUIT ON YOUR BEHALF
If settlement discussions with the insurance fail, your lawyer will take your case to court to seek maximum compensation.
Consider consulting with a Colorado Springs truck accident lawyer to discuss your specific situation and see whether engaging a lawyer after a tow truck accident may be beneficial.