Semi-trucks are some of the most dangerous vehicles on the road. These large trucks can ride over smaller vehicles, or they can go out of control when jackknifing or rolling over. Anyone injured in a crash should immediately reach out to The Ferrell Law Firm, PLLC, to discuss whether you can submit an injury claim.
Our firm has negotiated settlements for clients suffering a range of injuries. Contact us to speak with a truck accident lawyer in Colorado about your crash.
Why Truck Accidents Result in Larger Settlements
The most obvious difference between car and truck accidents is the severity of injuries. Large trucks like 18-wheelers weigh up to 40 tons. That amount of weight can destroy a smaller vehicle, even the largest SUVs. Passengers can suffer life-threatening injuries, which leave them with permanent disabilities.
Most truck accident settlements cover:
1. Cost of medical care
2. Value of lost income or wages
3. Repairs to a vehicle
Anyone who survives a truck accident will likely have enormous medical bills, including the cost of ongoing treatment. Significant injuries like traumatic brain injuries or spinal cord damage can leave someone permanently disabled.
Serious injuries also keep people out of work longer. A worker who suffers limb loss might need to take a new job in a different industry.
Pain and Suffering and Your Truck Accident Case
Our clients also typically receive more in pain and suffering for truck accidents. This category covers the intangible losses a person suffers in a truck accident, including:
- Bodily pain
- Sleeplessness
- Depression
- Anger
- Anxiety
- Loss of enjoyment of life
Suppose you suffer paralysis below the waist. In addition to extreme medical bills, a motorist will likely endure more suffering, and your settlement should account for that fact.
Who is Liable for Your Accident?
Truck accidents also have more potential defendants. With the typical car accident, another driver is usually to blame. But a truck accident could have multiple defendants:
- Trucker. The truck driver might be to blame for driving while fatigued, distracted, or intoxicated. Other truckers make mistakes behind the wheel, such as passing illegally or tailgating. We can sue the trucker for compensation if they are liable for the wreck.
- Transportation company. The trucker’s employer could be liable under Colorado law. Employers are usually liable when their employee injures someone negligently while on the job. The transportation company might also have independent liability for failing to maintain its rigs.
- Maintenance company. Mechanics who work on the truck could be liable for failing to perform adequate repairs or overlooking obvious defects.
Let an 18-wheeler accident attorney in Denver review whether you have a legal claim against any of these potential defendants.
How Federal Trucking Regulations Impact Your Case
The Federal Motor Carrier Safety Administration (FMCSA) is the main federal agency that regulates the interstate trucking industry. This agency has created many regulations, including:
- Licensing requirements. To drive across state lines, a trucker must be at least 21 years of age and have completed sufficient training to receive a commercial driver’s license.
- Hours of service regulations. The FMCSA limits the number of hours a trucker can work in a day and week. For example, a trucker who hauls goods may not drive more than 11 hours in a day or drive after being on duty for 60 hours in seven consecutive days, or 70 hours on eight straight days.
- Mandatory drug testing. The federal government requires drug testing before hiring a trucker, as well as after most accidents. Trucking companies should also perform random testing throughout the year and suspend any trucker who fails a test.
- Physical exam requirements. A trucker must pass a physical exam to prove they are fit to drive and undergo a new physical every two years.
- Cell phone prohibitions. The FMCSA has prohibited truckers from using a hand-held device while driving, although they can mount a phone on the dashboard if it is hands-free.
- Violations of any regulation can strengthen your injury claim. For example, a trucker who uses a hand-held cell phone is almost certainly negligent, as is a trucker who falls asleep because they drove too many hours.
Let us review the facts. We can use a violation in support of our argument about liability.
What is Black Box Data?
Most modern rigs are outfitted with electronic recorders that continuously download information about the truck. These devices are called “black boxes” because that is what similar devices are called on airplanes. After a crash, this recorder can contain critical information that allows investigators to reconstruct what happened.
For example, data might show the trucker drove 16 straight hours, even though they claim to have driven only 10 hours. Or the device might show the trucker didn’t hit the brakes before rear-ending another vehicle.
The data on this device could make or break a case. For this reason, you want the trucking company (which owns the vehicle) to preserve it for inspection.
Hire our legal team. We can send a letter notifying the trucking company of its duty to preserve the data. Then we can ask for a copy. If the trucking company balks, we can involve the courts, if necessary.
Most Dangerous Roads in Colorado
A truck accident could happen anywhere in the state. We can represent someone struck when an 18-wheeler backs up to a loading dock or when it makes a turn to get back onto the highway.
However, most accidents happen in one of Colorado’s dangerous trucking corridors:
- Interstate 70. Passing through the Rockies, I-70 is dangerous for its unpredictable weather and steep grades. Trucks traveling east and west use I-70 regularly, which is why we see many accidents.
- Interstate 25. This road enters from New Mexico and travels for approximately 300 miles before exiting into Wyoming to the north. As part of the unofficial Pan-American Highway, it sees heavy trucking.
- U.S. Highway 6. Running parallel to I-70, this highway sees heavy traffic and many accidents.
Request a Consultation with an 18-Wheeler Accident Attorney in Denver
The Ferrell Law Firm is available to meet to go over your accident and determine whether you can seek compensation. Call us at 720-687-2795.