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Denver Truck Accident Attorney

In recent years, there has been a significant increase in the number of commercial trucks on roadways, causing an increase in truck accidents. In 2018, approximately 531,000 large trucks were involved in traffic crashes. Unfortunately, most semi-truck accidents result in severe injuries.

If you were a victim of a truck accident, contact the Bendinelli Law Firm. At the Bendinelli Law Firm, we have skilled Denver truck accident attorneys prepared to help you receive the compensation you need and deserve for your medical bills, pain and suffering, and lost wages.

Why Choose the Bendinelli Law Firm?

  • At the Bendinelli Law Firm, we will never sacrifice our clients’ interests in an effort to gain a quick settlement.
  • We have a reputation for excellence and a detail-oriented mindset. Our attorneys know exactly how to fight for every client’s legal rights.
  • We have a track record of success and have secured significant settlements and jury verdicts on behalf of clients throughout Colorado.
  • We believe in providing a personalized approach to every case, meaning we take the time to listen to our clients’ goals and needs as we formulate their case strategies.

How Will an Attorney Help a Denver Truck Accident Claim?

Truck accident claims present incredible challenges to plaintiffs (injury victims). The reality is that injury victims in these cases usually will not have the resources necessary to handle every aspect of these claims. However, a skilled Denver truck accident lawyer can use their resources to conduct a complete investigation to determine exactly what happened. This will include the following:

  • Obtaining any evidence necessary to prove liability
  • Ensuring their client is evaluated by trusted medical professionals
  • Working with economic and financial experts to help properly calculate total expected losses
  • Handling all communication with insurance carriers and legal teams 
  • Negotiating to receive a fair settlement on behalf of their client 
  • Fully preparing to take the case to trial if necessary

 

What Qualifies As A Semi-Truck?

Semi-trucks, or large trucks are defined as those with a gross vehicle weight rating greater than 10,000 pounds. The fatality rate for victims in large truck crashes is 50 percent greater than the rate for all other vehicles on the roads. Nearly 98 percent of the time, the driver of the other vehicle is killed in a crash involving a semi-truck.

According to the Federal Motor Carrier Safety Administration, the most common causes of semi-truck accidents are related to the driver, the vehicle and/or the environment.

Common causes include:

  • Fatigue
  • Over-the-counter drug use
  • Illegal drug use
  • Drunk driving
  • Distracted driving (cell phone use)
  • Traveling too fast for conditions
  • Inadequate training
  • Unfamiliar or inexperienced with vehicle
  • Speeding
  • Work-related pressure
  • Illegal maneuvers
  • Inattention
  • Aggressive driving (tailgating, weaving)
  • False assumption of other drivers’ actions

Vehicle factors include:

  • Brake failure
  • Lack of routine maintenance of the truck
  • Cargo securement
  • Cargo shift

Environmental/roadway factors include:

  • Traffic flow (pre-existing crash, congestion)
  • Unfamiliar with roadway
  • Road conditions
  • Road construction
  • Adverse weather

What Do I Do Next?

Each state has its own laws regarding the types of damages recoverable in a truck accident. While sources of recovery can vary for semi-truck accident victims in Colorado, an experienced Denver tractor-trailer crash lawyer can help you identify and maximize recovery for your case.

In trucking cases, it is essential to investigate the cause of the trucker’s negligence or recklessness and the trucking company’s claims history to determine if the company itself has failed to maintain safety standards. The trucking company will act immediately after the accident to limit their financial liability. Therefore, it is crucial you hire a qualified truck accident attorney as soon as possible to protect your claim.

At the Bendinelli Law Firm, we are here to help you through the legal complexities you may face during your truck accident claim. At the Bendinelli Law Firm, we have extensive experience handling these very complicated cases in Colorado. We can help you get the compensation you deserve for your economic and non-economic damages.

Common Injuries in Colorado Large Truck Accidents

Unfortunately, a passenger vehicle cannot withstand a collision with a large truck. Most semi-trucks and other commercial trucks weigh about 80,000 pounds. Compare that to the typical passenger vehicle that weighs between 4,000 and 5,000 pounds. A passenger vehicle can be crushed beneath the weight and size of a large truck.

Occupants of other vehicles often sustain life-threatening conditions and catastrophic injuries in a truck crash. Common truck accident injuries include, but are not limited to:

  • Multiple broken bones and fractures
  • Amputations and loss of limbs
  • Traumatic brain injuries
  • Skull fractures and other head injuries
  • Spinal cord injuries, including complete paralysis
  • Severe burns and disfigurement
  • Back and neck injuries
  • Chest injuries and internal organ damage
  • Internal bleeding
  • Wrongful death

The injuries caused by a truck accident can result in permanent disabilities and impairments. Many truck accident victims require long-term personal care and ongoing medical care. The cost of long-term care over a lifetime can total millions of dollars. Recovering maximum compensation for damages is crucial in a truck accident case.

Damages Included in a Large Truck Accident Claim

The damages in a truck accident claim include economic and non-economic losses. Economic losses are the expenses and financial losses associated with the truck accident, your injuries, and your recovery. Non-economic losses refer to the pain and suffering you experience because of the truck accident.

Examples of damages include:

  • Cost of medical treatment and care, including surgeries, physicians’ bills, therapies, medications, and hospital bills
  • Cost of treating psychological injuries, such as depression, Post-Traumatic Stress Disorder (PTSD), and anxiety
  • Therapy costs, including vocational, occupational, physical, and speech therapies
  • Loss of income, including lost wages, commissions, salaries, bonuses, benefits, and other income
  • Physical pain and suffering
  • Scarring, disfigurement, permanent impairments, and disabilities
  • Emotional distress and mental anguish
  • Loss of quality of life and enjoyment of life
  • Other out-of-pocket expenses and losses

The value of your truck accident claim depends on numerous factors, including the type and extent of your injury. Permanent impairments and catastrophic injuries increase the value of a personal injury claim.

Liability also impacts the value of a truck accident claim. You must prove that the other parties involved in the case were responsible for causing the truck accident. If there is a valid dispute regarding liability, that issue could lower the value of your personal injury claim.

Our Denver truck accident attorneys understand each of the factors that can impact the value of your injury claim. We work to maximize the factors that increase the value of your claim while minimizing any weaknesses that could hurt your claim.

Through years of experience, we have developed a system for accurately valuing truck accident claims. Our goal is to help you receive the maximum compensation for your claim, so you can continue to recover physically, emotionally, and financially after being injured in a truck accident.

Steps to Take After a Crash With a Large Truck

In the aftermath of being involved in an accident with a large truck in Denver, the situation will likely be chaotic and confusing. Immediately following the crash, and in the days and weeks that follow, there are various steps that victims can take to help ensure that they recover the compensation they need.

  • Call the police. It is crucial to contact law enforcement officials in the aftermath of a vehicle accident involving a large truck in Denver. The police are responsible for conducting a preliminary investigation into the incident, and they can help properly secure the scene of the crash. By calling 911, you can help ensure that all the appropriate authorities get to the scene, including EMS and fire personnel.
  • Seek immediate medical care. The number one priority in the aftermath of a Denver truck accident is to seek medical care. Even if injuries do not seem very severe after a crash occurs, those involved need to be evaluated by a doctor quickly. The signs and symptoms of some truck accident injuries do not develop until the hours or days following the incident. By receiving prompt medical care, victims are helping to establish a link between the crash and their injuries while also ensuring their own well-being.
  • Gather evidence if possible. If it is possible after the incident occurs, and if the scene is relatively safe, victims can begin gathering evidence that could help their case. First, those involved can use a smartphone or another type of camera to take photographs of everything. This includes vehicle damage, skid marks, debris, injuries, traffic and weather conditions, truck license plate and identification numbers, and more. Additionally, if there were any eyewitnesses to the crash or any other drivers who stopped, you need to get their names and contact information.
  • Be cautious when talking to insurance carriers. It is very important for any truck crash victim in Denver to be cautious when they speak to insurance carriers. Please understand that insurance carriers will use anything that crash victims say against them if it means that they can lower amount of money they pay in a settlement. Information given to insurance carriers needs to be very straightforward and factual. In fact, after making an initial report with the insurance carrier about the crash, any further communication should be routed to your Denver truck accident lawyer.
  • Contact an attorney. A truck accident attorney in Denver can get involved in the case very quickly and obtain and preserve the evidence needed to make the case. An attorney will be able to handle all communication with other parties involved so that the crash victim can focus on recovering from their injuries and spending time with their family. Even if you think your Denver truck accident is not severe enough to warrant legal assistance, there is no harm in contacting an attorney for a free consultation of your claim. If you fail to work with an attorney, you could be leaving money on the table that could go directly into your pocket to help cover your crash expenses.
  • Continue all follow-up medical treatment. All too often, crash victims discontinue medical care against the advice of the doctor. When a truck crash victim in Denver stops going to their follow-up care before their doctor says they have reached maximum medical improvement, this is a giant red flag to the insurance carriers. Insurance claims adjusters may try to say that crash victim was not really injured after all, which means that they could offer a low settlement or even deny the claim altogether.

What if There is Partial Liability?

We often learn that individuals think they are not entitled to any compensation at all if they had anything to do with causing the accident. In many cases, this is not true at all. The state of Colorado operates under what is called a “modified comparative negligence” system. This means that those involved in a collision can still recover compensation even if they are partially at fault, so long as they are not 50% or more responsible for the incident.

If an individual is less than 50% responsible for a truck crash, they can still recover compensation for their losses. However, the total amount of compensation the truck crash victim receives will be reduced based on their percentage of fault. For example, if you are the victim of a truck accident and have sustained $100,000 worth of damages, but it has also been determined that you were 20% responsible for the incident, you would receive $80,000 to account for your percentage of fault.

When examining modified comparative negligence laws in this state, we want to stress how important it is to work with an attorney who can push back against the other party when they try to blame you for the crash. The more fault they can put onto you, the less they have to pay and the less you will receive. Your Denver truck accident lawyer will be able to fully investigate the claim and fight back against these tactics.

Time Limit to File a Denver Truck Accident Claim

It is crucial for truck accident victims in Denver to understand that they have a limited amount of time to file these claims. First, you have to worry about deadlines put in place by insurance carriers. Please understand that auto insurance carriers and the insurance carriers of the truck company likely have very strict reporting deadlines, often within a day or two after the crash occurs. If a truck crash victim fails to file a report with the insurance carriers relatively quickly, this could result in the claim being delayed or even denied.

We also have to look at the Colorado personal injury statute of limitations. This law says that injury victims must file a lawsuit against the alleged negligent party in their case within two years from the date the injury occurs. Failing to do so will mean that the injury victim is unable to recover any compensation for their losses, regardless of how severe the injuries are or how much fault the other party had for the incident.

A truck accident lawyer in Denver will be able to get involved early and help ensure that all deadlines are met when it comes to filing these claims. Your attorney wants to make sure that you recover the compensation you need, so they will get your claim filed on time.

How to Afford a Denver Truck Accident Attorney

At the Bendinelli Law Firm, our team understands that truck accident injury victims are often struggling financially, particularly as they await a settlement or jury verdict for their case. We take Denver truck accident cases on a contingency fee basis. This means that our clients will not have to pay any upfront or out-of-pocket costs related to their case. Our clients will only owe legal fees after we are able to obtain the compensation that they need.

Call Our Experienced Denver Truck Accident Lawyers Today

The Bendinelli Law Firm has the knowledge and experience you need. We want you to concentrate on getting healthy and returning to your day-to-day life, while our Denver personal injury attorneys take care of the complex legal issues and deal with the trucking company and the insurance company. We will work hard to protect your interests and help you get the compensation you deserve.

Contact us today for a free consultation.