Truck accidents can be catastrophic. Even “minor” truck accidents can total your vehicle and result in serious injuries. There are hundreds of rules and regulations that truck drivers and trucking companies are expected to follow. When they don’t follow the rules, accidents may happen. In fact, there are more than 4,000 deaths annually due to negligent truck drivers.
If you are involved in a truck accident with one of these negligent truckers, the truck driver and the trucking company may be to blame. It is up to you to take legal action, though. Ridder Law can help you understand how to navigate the legal system to get the justice you deserve after a crash happens.
Give us a call today at (720) 812-1047 or contact us online to talk with an knowledgeable Aurora personal injury lawyer to learn how our firm can help you fight for justice.
Types of Truck Accidents In Aurora
Truck accidents can be very different from car accidents or motorcycle accidents because of the large size of commercial motor vehicles and the different ways that trucks interact with cars on the road. Here are some of the most common types of truck accidents that occur.
- Jackknife accidents: Jackknife accidents happen when a truck driver makes a mistake, like turning improperly or braking suddenly, and the trailer swings around sideways, creating the shape of a folding jackknife. When the trailer skids to the side, nearby vehicles can be badly damaged, and passengers can be hurt or killed.
- Rollover accidents: Trucks can be top-heavy, and they have a high center of gravity, so rollover accidents are a very serious risk. This is especially true when cargo is loaded improperly, or if drivers take turns too quickly or drive too fast and tilt to the side. Rollover crashes can crush other vehicles, causing catastrophic loss.
- Rear-end crashes: Trucks have a much longer stopping distance than passenger cars as a result of their large size. When a truck doesn’t maintain adequate space or doesn’t pay careful attention to the actions of other drivers, a rear-end crash can occur and cause serious harm.
- Underride accidents: Smaller vehicles can sometimes slide underneath the body of a large commercial motor vehicle. Severe and often fatal injuries result as the smaller car becomes trapped underneath the larger one.
- Head-on crashes: Truck drivers may veer into the wrong lane or go the wrong way on a highway, causing a head-on crash to occur. This is especially likely to happen when drivers are fatigued, when they are distracted by their phone or eating while driving, or if they are intoxicated.
These are just some of the many types of truck accidents likely to occur on the road. A truck accident attorney in Aurora can help you evaluate the cause of your crash to determine how it occurred, who was to blame, and who should be responsible for compensating you for harm.
Why Do Truck Accidents Happen In Aurora?
Truck accidents happen for a variety of reasons. They include:
- Driver fatigue: Some truckers push past legal driving limits, leading to drowsy driving or even falling asleep at the wheel.
- Poor truck maintenance: Worn-out brakes, bald tires, and engine issues can turn a heavy truck into a deadly hazard.
- Drug use to stay awake: Stimulants may keep drivers alert temporarily, but they often impair judgment and reaction time.
- Distractions behind the wheel: From phones to GPS devices to nearby traffic, truckers can lose focus—putting everyone on the road at risk.
- Massive size and weight: Even a small mistake in a big rig can cause catastrophic injuries or death
If you have been in a truck accident caused by a negligent or impaired driver, you should contact a DUI accident lawyer.
Who is to Blame for an Aurora Truck Accident?
When a truck driver behaves negligently behind the wheel, that driver can obviously be held accountable for damages.
If the trucker violated Federal Motor Carrier Safety Administration (FMCSA) rules or other rules of the road, this creates the presumption that the driver is liable for any accident that results. If the truck driver is unreasonably careless compared to what a hypothetical average driver would do, that driver can also be held responsible for any collision that occurs because of it.
In some cases, though, it is not just the truck driver who should be accountable for the damage a truck crash does to victims. Trucking companies that employ drivers may also be liable for losses, and these trucking companies may have much larger insurance policies, so they may be much better able to provide full and fair compensation to truck crash victims.
Trucking companies can be liable if the company itself is negligent. This can happen, for example, if the company fails to make sure a driver is properly trained or to check that the driver has the correct commercial motor vehicle license. Trucking companies that set unreasonable schedules for drivers or fail to maintain vehicles may also be considered negligent.
A trucking company does not have to be considered negligent to be liable for losses, though. That’s because, under Colorado’s vicarious liability laws, an employer can be held legally responsible for actions employees take on the job.
In other words, if a truck driver behaves negligently while operating a commercial motor vehicle, the driver’s employer is considered to be responsible for the resulting accident.
Ridder Law will help truck crash victims determine if a trucking company should be held responsible for damages and can assist victims of truck accidents in identifying all potential defendants who the law says should compensate them for losses.
Beyond the trucker and trucking company, this can also include manufacturers of defective trucks, those responsible for road design or maintenance issues, and anyone else who played a role in causing the crash to occur.
What Happens if The Victim is Partially Responsible For an Aurora Accident?
It’s possible for the victim in a car accident to be partly at fault for what happened.
For example, if a pedestrian is crossing the street outside of a designated crosswalk while a driver is speeding, the accident might not have happened if either person had made a safer choice. In these cases, Colorado determines compensation for the plaintiff by using modified comparative negligence.
This means if the plaintiff (the person suing for damages) is found to be less than 50% at fault, they can still recover money, but the amount they receive will be reduced by their percentage of responsibility. If the victim is 50% or more at fault, they aren’t able to collect any damages at all.
13-21-111. Negligence cases – comparative negligence as measure of damages. (1) Contributory negligence shall not bar recovery in any action by any person or his legal representative to recover damages for negligence resulting in death or in injury to person or property, if such negligence was not as great as the negligence of the person against whom recovery is sought, but any damages allowed shall be diminished in proportion to the amount of negligence attributable to the person for whose injury, damage, or death recovery is made. (2) In any action to which subsection (1) of this section applies, the court, in a nonjury trial, shall make findings of fact or, in a jury trial, the jury shall return a special verdict which shall state: (a) The amount of the damages which would have been recoverable if there had been no contributory negligence; and (b) The degree of negligence of each party, expressed as a percentage. (3) Upon the making of the finding of fact or the return of a special verdict, as is required by subsection (2) of this section, the court shall reduce the amount of the verdict in proportion to the amount of negligence attributable to the person for whose injury, damage, or death recovery is made; but, if the said proportion is equal to or greater than the negligence of the person against whom recovery is sought, then, in such event, the court shall enter a judgment for the defendant.
Insurance companies will often try to blame you for the accident so they can reduce your compensation or deny your claim altogether. It’s important to work with a personal injury lawyer to make sure you are defended fairly.
What Should You Do After A Truck Accident In Aurora?
If you have been involved in a truck accident, there are several steps you should follow. They include:
- Call 911 and ask for emergency personnel to come to the scene
- Get the names and contact information of any witnesses
- Cooperate with the police when they arrive on the scene
- Take photos of the scene and the damage done to the vehicles
- Go to the ER if you are injured
- If injuries are not apparent at the scene, seek medical attention immediately when they are
Contact Ridder Law for a case review immediately. We are available 24/7.
How Can an Aurora Truck Accident Lawyer Help You?
A Truck accident attorney can provide invaluable assistance in Aurora with all of the steps you need to take in the aftermath of your truck crash in order to get justice. At Ridder Law, we are local to the Aurora area, and we are here to help in person and answer questions 24/7.
You will always have direct access to your attorney, and our legal team will help you to:
- Gather evidence from the accident. This can include obtaining the black box data, or electronic recorder data, from the truck as well as interviewing witnesses, finding experts, obtaining police reports, and ensuring investigators sent by the trucking company don’t paint an unrealistic picture of what occurred.
- Identify all defendants so you can maximize your chances of full compensation. We’ll review the circumstances of your case to find all parties who may be to blame.
- Negotiating with the insurer of the trucking company or driver. Insurers and large trucking companies try to pay out as little as possible, but Ridder Law has experience standing up to these big-name insurers. We know what your case is worth, and we’ll make sure you don’t accept a settlement that’s lower than the amount you deserve.
- Going to court on your behalf. Going to court sometimes becomes necessary in situations where there is no fair settlement offer on the table. Ridder Law will help you to determine when you’re likely to get the best outcome in a trial, and we have the litigation experience needed to represent you during court proceedings.
These are just some of the many examples of how our firm provides assistance in the aftermath of your truck accident. We are committed to being here for you, providing compassionate representation throughout your case, and fighting every day for the justice you deserve.
Statute of Limitations in Aurora Truck Accident Cases
If you’ve been involved in a truck accident in Aurora, Colorado, there are strict deadlines for bringing a lawsuit to recover for your injuries or vehicle damage. In most truck accident cases, you have three years from the date of the crash to start the formal claims process in court.
Section 13-80-101
General limitation of actions
The following civil actions, regardless of the theory upon which suit is brought, or against whom suit is brought, shall be commenced within three years after the cause of action accrues, and not thereafter:
All tort actions for bodily injury or property damage arising out of the use or operation of a motor vehicle including all actions pursuant to paragraph (j) of this subsection (1).
Missing this window usually means you lose your chance to ask for any compensation, Sometimes, exceptions can give you a little more or less time.
For instance, if you were under 18 at the time of your accident, the deadline generally doesn’t start ticking until your 18th birthday. If you were unable to take legal action due to a physical or mental disability, the clock might pause until your situation changes. Also, claims against state agencies have special rules; you can’t just sue – you must first send a notice within a matter of months after getting hurt, which effectively shortens the deadline.
Figuring out these time limits is complicated and should be done with the help of an accident attorney so you make sure you don’t miss your chance.
Will I Have To Go To Court in Aurora For My Truck Accident Claim?
Whether you’ll have to go to court for your truck accident claim really depends on the specifics of your situation, and it’s something no one can guarantee at the very start. Most of the time, these cases settle out of court, but several factors influence the outcome:
- The willingness of both parties to negotiate and agree on fair compensation
- The clarity of evidence and whether there’s strong proof supporting your version of events
- Whether the trucking company’s insurer offers a reasonable settlement or tries to lowball your damages
- Disagreements over medical costs, who was at fault, or the amount of future lost wages and pain
- The complexity of your injuries and whether they are disputed by the other side’s experts
- Your own preference for settlement versus your desire for a public trial
Most people never see a courtroom for their truck accident claim, but if the other side isn’t playing fair, you may not be able to avoid it. Having a lawyer who is fully prepared for trial will lead to a better result just in case this happens.
Call Our Aurora Truck Accident Attorneys Today
At Ridder Law, we always put your needs ahead of our own. If you have been involved in a traffic accident, you need to call 911 immediately. Make sure you seek appropriate medical care. Then, contact our team for a case review.
Let our truck accident attorneys in Aurora see how much money they can recover on your behalf. Call us today at (720) 812-1047 to speak to a member of our team.