When Do You Need a Colorado Truck Accident Attorney?

Need a Colorado Truck Accident Attorney

Written by Jeremy D. Earle, JD

June 1, 2023

ATTORNEYS FOR TRUCK ACCIDENTS IN COLORADO

After any sort of trucking accident, your first attention should be on recuperating from your bodily injuries. This is much more critical in the case of a truck collision. Because a truck is so much bigger than a vehicle, you’re likely to have a lengthier recuperation period than if you were in a comparable accident involving two passenger cars. Once the initial shock wears off, you will wonder when you need a truck accident attorney.

Victims of truck accidents in states with no-fault insurance are often unsure if they need to engage a lawyer. Regardless of the sort of accident you are involved in, contacting a truck accident attorney to serve as your champion is always a smart option. There are a few easy questions you may ask yourself after a truck collision to evaluate whether you need the services of a truck accident attorney.

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WHEN WAS THE TRUCK ACCIDENT?

A statute of limitations exists in every state, and this implies that you may be barred from doing so if you wait too long to file a personal injury claim. You will be better off if you seek legal guidance as soon as possible following the accident.

In Colorado, for example, the statute of limitations is three years, which may seem like a long time, but waiting to bring a claim is not a smart idea. Evidence might be lost with time, and witnesses’ recollections can degrade. Furthermore, delaying a claim prolongs the time it takes for possible damages to be granted.

There are various reasons why you should call an attorney as soon as possible following an accident. Some of the actions that an attorney may take that you might find challenging are:

GATHERING EVIDENCE

Following a truck accident, you may be unaware of various pieces of evidence. An attorney may obtain the logs a truck driver is obligated to maintain, traffic camera video, and blood tests the driver may have done to check for drugs and alcohol on your behalf.

INFORMATION FROM WITNESSES

A lawyer understands what questions to ask witnesses to get the relevant information. The sooner this happens after an accident; the less likely a witness would forget small facts.

CASE EVALUATION

An attorney can assist you in evaluating your case and determining how much compensation is appropriate in your situation.

HELPS YOU STAY FOCUSED ON YOUR REHABILITATION

Focusing on your physical recovery is the most crucial thing you can do. Hiring a lawyer gives you peace of mind, knowing that legal matters are in the hands of professionals who know what they’re doing while you concentrate on taking care of yourself.

WHAT IS IT THAT AN ATTORNEY CAN DO FOR YOU THAT YOU CAN’T DO YOURSELF?

Accident victims often believe they can manage insurance company talks on their own. However, this may not be as straightforward as it seems when a truck is involved. If your injuries are judged substantial in a no-fault state, you still can bring a case and your injuries are likely to exceed what medical payments coverage will cover.

At the very least, truck accident victims may discover they must deal with various insurance adjusters, including their insurer, the truck driver, and the trucker’s employer’s insurance.

You may believe that your own insurance company would assist you in navigating the claims procedure to ensure that you get the amount to which you are entitled—but you would be incorrect. Insurance adjusters are on the scene to gather information about the accident and reduce the amount of money the insurance company will have to pay out in a settlement.

MEDICAL PAYMENTS COVERAGE IN COLORADO

A registered motorist in Colorado, for example, is simply needed to have $5,000 in Medical Payments Coverage policy. This coverage does not cover all of your expenses. The rule is that it will medical expenses incurred due to the injuries you sustained in a vehicle accident.

This puts you out in the cold when it comes to recouping lost income, pain and suffering compensation, and any other costs incurred as a consequence of your injury, such as housekeeping assistance while you heal.

A truck accident lawyer can represent you in court, negotiate with several insurance companies on your behalf, and ensure that the insurance company does not have the luxury of waiting for the statutes of limitations to run out before filing a case. It’s a poor idea to wait too long after an accident to seek legal counsel.

WHAT HAPPENS IF THE INSURANCE COMPANY MAKES A QUICK SETTLEMENT OFFER?

Insurance companies often make a settlement offer soon after an accident, assuming you need money and want to move ahead. These settlements are a “bottom line” offer—insurers will often inform you that this is the highest they are prepared to pay to resolve your claim. They will often use methods to convince you that this is the highest settlement you are likely to get, and this is a complete falsehood.

SETTLEMENTS THAT ARE REACHED QUICKLY RESULT IN LOWER COMPENSATION

Insurance companies understand that the longer a victim recovers from their truck accident injuries, the more money they may be entitled to in a final settlement. They know that you may be out of work for many weeks and do not want to be held liable for your missed payments.

Furthermore, the sooner an insurance company can persuade you to accept a settlement, the less money they’ll have to spend for your medical treatment. This is because most of these settlements come with strings attached.

You’ll be given a contract that specifies that after you’ve deposited a check and accepted the settlement. After this, the insurance company is no longer responsible for any expenses you incur due to the truck accident injury moving forward. Therefore, if you have not engaged an attorney before receiving a settlement offer from an insurance company, call an experienced truck accident lawyer immediately before agreeing to anything.

WHEN DEALING WITH AN INSURANCE COMPANY, WHAT CAN A LAWYER DO?

In a truck accident lawsuit, an attorney’s main function is to act as your champion. A truck accident lawyer will begin by looking through all of the material in your case. Then they’ll go through all of the details of your injuries to see how much of a settlement you’re willing to take. They’ll be able to go through your medical records, assess the effect of a truck accident on your general health and life, and estimate how long time you’ll be out of work.

An attorney with expertise in effectively managing truck accidents can advise whether an insurer’s offer is reasonable. They may negotiate with the insurance company if it seems that the insurer is providing you much less than you are entitled to. As a result, engaging an attorney as soon as possible after an accident or after getting a settlement offer is critical.

A truck accident lawyer may give their opinion that you accept an insurer’s offer if it is comparable to the amount you may obtain if you file a lawsuit. They may advise you to reject the settlement offer if your injuries will need long-term care or if the real nature of your injury has not been determined.

HAVE YOU BEEN INJURED SERIOUSLY IN A TRUCK ACCIDENT?

One of the many reasons you should call an attorney as soon as possible following an accident is to ensure you have the finest possible advocate on your side. While you may think you are your own best advocate, some injuries may make it difficult for you to do so successfully.

Even under the best of circumstances, it’s difficult to stay mentally sharp when you’re obliged to use painkillers. There’s a reason for the expression “the guy who represents himself in court has a fool for a lawyer.”

However, this isn’t the only stumbling issue. Personal injury lawsuits, especially those involving vehicle accidents involving many individuals who may be accountable, maybe exceedingly complicated.

Furthermore, unrepresented plaintiffs are subject to the same procedural and evidentiary requirements as represented litigants; going up against a team of well-paid insurance company lawyers without legal expertise or support is a formula for catastrophe.

THE HELP OF A TRUCK ACCIDENT LAWYER IS PRICELESS

After a truck accident, an attorney can assist you to comprehend the maximum and lower limitations of what compensation you may be entitled to. After all, the insurance company isn’t going to tell you how much they’ve paid out in the past for the same sort of injuries you’ve had—not it’s in their best interests.

You need an attorney who is skilled and understands how much your injuries might cost in the long term, including time away from work, to collect the maximum compensation you deserve.

It is impossible to overestimate the value of having an attorney on your side. Insurance companies are conferring with their legal counsel to determine what alternatives they have to either deny your claim or reduce the amount they would provide you to settle it.

Your attorney will not only ensure that you have the greatest opportunity of receiving the full compensation to which you are entitled, but they will also communicate with the insurance company on your behalf. That means that all contact, paperwork, and time spent answering inquiries will be passed from you to your truck accident attorney, leaving you to concentrate on your physical recovery.

WHAT KIND OF INFORMATION IS THE INSURANCE COMPANY LOOKING FOR?

When you claim after a vehicle accident, insurance companies will ask for a lot of information. Some of this information might be used to reduce the claim’s worth. For example, suppose you were injured in a truck accident and had a history of back issues. In that case, the insurance may argue that the event only aggravated a pre-existing condition, so they should only be liable for a portion of your treatment expenses.

Keep this in mind as well: When an adjuster calls you for documents, they’ll likely call you on the phone. They’ll be asking you questions frequently to see if they can catch you off guard. Simple queries like “How are you doing?” may seem harmless enough, but answering “I’m fine” might jeopardize your claim. Keep in mind that an insurance adjuster is not your friend. They’ve been taught to engage in small chats to get information that would benefit their insurance company’s customers.

In an ideal world, you’d work with the insurance to provide the facts they require about the accident and your injuries. The best way to go about it is to work with a truck accident lawyer.

Allow the attorney to manage your discussions with the insurance to ensure that they get the correct information and that you do not fall into any traps designed to discuss how and what you are doing during a chat with an adjuster.

HOW FREQUENTLY DO TRUCK ACCIDENT CASES REQUIRE COURT APPEARANCES?

Because each truck accident case is unique, there is no straightforward solution to this issue. In general, personal injury lawyers may take advantage of the fact that most businesses prefer a quick settlement over a lengthy jury trial.

 Some defendants or their insurers, on the other hand, may refuse to make a settlement offer that adequately compensates the injured party. In some situations, going to trial may be required to get the money you want.

Truck accidents are difficult, and there is seldom a simple answer as to how much compensation you could be entitled to for your injuries or whether your case will end up in front of a jury rather than being settled out of court.

Regardless of the circumstances, you should contact a truck accident attorney as soon as possible after the accident to ensure that you understand your rights, have someone who will actively seek compensation on your behalf, and that you are prepared if your case requires court action.

Call our Colorado Springs office at 719-300-1100 or fill out an online contact form to schedule a consultation with Warrior Truck Accident Lawyers.

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