Denver Cargo Truck Accident Attorneys
Crossing paths with an improperly loaded cargo truck poses severe risks. Cargo that’s unsecured could spill out onto the road, causing cars to swerve and collide. Improperly loaded cargo could result in an unbalanced truck, which is much more prone to rolling over, jackknifing, or blowing a tire, any of which could result in a serious, multi-vehicle crash.
If you get into an accident caused by a cargo truck, you may be suffering from debilitating injuries. On top of this, you may be unable to work and collect wages and may be steadily accruing medical bills related to your injury. The Denver cargo truck accident attorneys from The Bourassa Law Group are ready to help you recover the compensation you deserve for your injuries and losses.
At The Bourassa Law Group, our award-winning, experienced truck accident attorneys are committed to providing excellent, results-oriented representation. We’ve helped numerous victims obtain top-dollar verdicts and settlements, while providing compassionate support and constant communication throughout the process.
We’re ready to help you, too. Call us today at (303) 331-6186 to learn more about your case and legal options.
The Difference Between a Cargo Truck Accident and a Car Accident
When you get into an accident with another small car, it’s possible to walk away with minor injuries. Many crashes do lead to fatalities, but colliding with another passenger vehicle will most likely result in little physical harm and property damage. On the other hand, when you collide with an 80,000-pound cargo truck, the risk of devastating bodily and vehicle damage increases.
A cargo truck is a vehicle used to transport goods. They come in many different shapes and sizes. The most common types of cargo trucks you see on the road include:
- Semi-trailer truck
- Box truck
- Jumbo trailer truck
- Tail-lift truck
- Truck trailer
- Flatbed truck
- Lowboy trailer
- Refrigerated trailer
The main differences between truck accidents and car accidents include:
- Higher insurance coverage: The insurance policy a cargo truck driver holds is typically much larger than that of someone driving a passenger car. The trucking industry requires higher liability coverage because these types of accidents can result in expensive medical bills and other costs for the injured victim.
- More property damage: A commercial vehicle alone is much larger and heavier than a car. Add thousands of pounds of cargo onto the back of it, and the weight increases even more. An accident affecting a small sedan will probably cause damage requiring costly repairs.
- Increased physical harm: The injuries sustained in a crash between two cars can become more severe when it’s a car and cargo truck. Many vehicles can’t withstand the impact of a big truck and crumple like a piece of paper, exposing the driver and any passengers to a great deal of danger.
- More substantial medical expenses: Victims of cargo truck accidents tend to spend more time in the hospital and require more consistent physical therapy or other specialty treatment to recover from injuries. Many need to have surgery, and some might even end up with a permanent disability.
- More time away from work: With more severe injuries comes more time spent at doctors’ appointments instead of at work. After a cargo truck crash, injured individuals might not be able to perform their regular job-related tasks. If they don’t get PTO benefits, they could miss out on wages.
Who’s Responsible for a Cargo Truck Accident?
There is a great deal of preparation, detail, and skill that goes into maintaining, loading, and driving cargo trucks. If you suffered any type of injury in a wreck with a cargo truck, it’s possible to hold one of the following parties liable:
- Truck driver
- Trucking company
- Truck owner
- Company leasing the truck or trailer
- Truck, trailer, or parts manufacturer
- Party responsible for loading the truck
- Truck maintenance or repair company
When it comes to cargo truck accidents, the most common reason they occur is that someone didn’t load the cargo correctly. Regulations within the trucking industry require specific weight and size limitations, and there are specific guidelines dictating how to load goods onto the vehicle properly. If there’s uneven weight distribution or unsecured cargo, it could result in a rollover accident or products falling off the truck.
Improperly loaded cargo is the result of negligence. Other forms of negligence that could lead to a cargo truck crash include:
- Trucker’s lack of commercial driving experience
- Driver failure to check blind spots
- Driving longer than federal regulations allow
- Trucking company hiring an unqualified or unlicensed driver
- Employer’s failure to provide training and supervision
- Truck driver error or inattention
- Failure to perform routine maintenance and repair damage
If you want to base your case on negligence, you must prove the following elements existed at the time of the crash:
- The liable party owed you a legal duty of care;
- They breached that duty by acting or failing to act in a certain way;
- You wouldn’t have suffered any injury if it wasn’t for their action or inaction;
- The at-fault party’s breach of duty directly caused your injury; and
- You incurred damages.
Why You Need a Denver Cargo Truck Accident Attorney
Trucking companies will do whatever they can to protect themselves from accepting financial responsibility for a vehicle accident. They usually work with large insurance companies and have endless resources at their disposal to fight any lawsuits that come their way.
Insurance carriers within the trucking industry don’t care about victims of negligence. Their goal is to save as much money as possible when they’re working on an insurance claim. So, if you decide you want to pursue payment from the at-fault party’s liability policy, you’ll have a bit of a challenge ahead of you.
The Bourassa Law Group and our team of experienced Denver cargo truck accident attorneys understand the complexities of cases involving truck drivers and their employers. We know the state and federal regulations they’re supposed to follow, the strict deadlines involved when pursuing a case, and how much compensation victims deserve.
When you hire us, we’ll immediately begin investigating the crash to determine negligence and collect sufficient evidence that proves your claim. The evidence we’ll need to obtain includes:
- Police reports
- Witness statements
- Photos of the accident site and vehicle damage
- Video surveillance
- Copies of liability insurance policies
- Your medical records and medical bills
The more documentation we’re able to collect, the stronger your case will be. Insurance companies will look for reasons to deny a claim or provide a low settlement offer. We’ll make sure the evidence we submit justifies the compensation we’re seeking on your behalf. We won’t back down without a fight and will aggressively work to reach a favorable outcome in your case.
Compensation You Can Collect After a Cargo Truck Accident
You might be entitled to compensation for certain damages if the cargo truck crash was the result of someone else’s careless actions. Damages include the expenses related to necessary treatment and other costs, as well as any pain and emotional trauma you had to endure. Your compensation may include:
- Reimbursement for the cost of hospital visits, prescription medicines, physical therapy, doctor appointments, out of pocket expenses and any necessary future medical treatment
- Loss of past and future income
- Invoices for repairing your vehicle and the cost of renting a car
- Emotional distress or psychological damage, such as PTSD
- Physical pain and suffering
- Disability or disfigurement resulting from the injury
- Loss of affection or companionship because of the accident
Your Denver cargo truck accident attorney will review your total damages to determine how much money we can demand from the insurance company. Insurance adjusters will consider some factors when determining the settlement they offer you, such as:
- The type and severity of your injury
- How long you require treatment
- If your injury caused any permanent damage
- Proven fault on the part of the other driver
- Amount of liability insurance coverage available
- Total expenses resulting from the crash
- Relevant evidence provided
When it comes to economic damages, such as medical costs, there are no limits to the amount of compensation you can recover. The adjuster will total all your bills, past and future, to determine the amount you need and won’t reduce them to meet a cap.
Non-economic damages like emotional distress are a bit different. It’s difficult to put a price tag on physical and emotional pain. Since there are no invoices associated with those types of damages, the adjuster will have to use their discretion to place a value on them.
In Colorada, there’s a cap on the amount of compensation the victim of a vehicle crash can receive for their non-economic damages. Currently, the cap is at $400,000. However, if you can prove a permanent impairment, you might be able to pursue higher than the cap allows.
Are There any Requirements to File a Lawsuit?
There aren’t any particular circumstances that need to exist for you to sue the at-fault party for your injuries. Many people will resort to a lawsuit against the liable driver if they don’t carry auto insurance. Others will sue the insurance carrier if the settlement offer is unreasonably low.
If you choose to pursue civil action against the truck driver or their employer, you will have to follow a statute of limitations. In Colorado, the statute of limitations for auto accidents is three years. That means you will only have three years from the date of the crash to file a lawsuit for damages.
When you take a case to court, a jury will decide the financial award you deserve based on your economic and non-economic damages. They can also choose to punish the at-fault party with punitive damages. Punitive damages exceed compensation and are intended to punish the at-fault party for particularly egregious acts of negligence.
Contact The Bourassa Law Group
Were you the victim of negligence in a cargo truck accident in Denver? If so, contact The Bourassa Law Group for a free consultation. We’ll meet with you to discuss your case and help you decide the best action to take to achieve your goals.
We know how unfair it is to suffer the consequences of someone else’s mistakes. You sustained a painful injury, can’t return to work, and face thousands of dollars in medical bills. It’s overwhelming to think about.
At The Bourassa Law Group, we care about our clients and will help you seek the justice you deserve. To find out how we can help you recover the maximum compensation available, call (303) 331-6186 to speak with one of our Denver truck accident attorneys.
Frequently asked questions
The legal definition of a personal injury is when someone’s failure to use reasonable care in a particular situation results in another person’s physical, emotional, or psychological injury. Personal injury cases often rely on the elements of negligence to prove the responsible party’s actions were the cause of the other party’s injuries.
The length of a personal injury case depends on the type of case and various factors, such as the severity of the injury sustained and the duration of necessary treatment. A car accident case might take six months to resolve, while a wrongful death lawsuit could take two years. It all depends on the circumstances surrounding the case.
No. Whether you got hurt in a car accident or on someone else’s property, you should never speak with their liability insurance company about the claim. They try to save money whenever possible and could attempt to trick you into accepting a low settlement amount or intimidate you into dropping the case. Your Denver personal injury lawyer will handle all communication on your behalf.
It depends. A vast majority of personal injury cases settle out of court. When we file a claim with the insurance company, we’ll submit evidence that proves you deserve compensation for your injuries. Sometimes the insurer is willing to settle. Other times, they deny the claim or provide a settlement much lower than you deserve. Under those circumstances, we will file a lawsuit and take the case to court.
Mediation is a step during a lawsuit where both sides meet to try to reach an agreement. The mediator listens to the arguments on both the plaintiff’s and the defendant’s sides and attempts to resolve the issue. If they can reach an agreement, they will settle out of court, and the case will get dismissed. If they can’t resolve the matter, the case will proceed to trial.