What Does a Truck Accident Attorney Do?
Truck accidents can cause staggering amounts of damage, not to mention serious injury and even death. If you or a loved one has been involved in a trucking accident, you will most likely need to hire an attorney to seek just compensation. Claims and lawsuits involving trucks can be complicated, and a truck accident lawyer can help you navigate the process in several ways.
1. Truck Accident Lawyers Determine Who is At Fault
Determining liability in trucking accidents is often more complicated than in other motor vehicle accidents. This is because truck drivers are often backed by their company’s insurance policy, which may protect them from individual liability. There may also be complicating factors like a manufacturer defect, or ties to a contractor who failed to do their job correctly (improper loading of the cargo, for example).
Your truck accident lawyer will perform a thorough investigation to help determine any and all parties responsible for the crash.
2. Trucking Accident Attorneys Build Your Case
The fact-finding phase of a lawsuit is known as the “discovery” phase. This involves locating and obtaining any evidence to support your case. Information obtained during discovery may include:
- CCTV footage
- Police reports
- Witness testimony
- Medical bills
- Truck company data and history
- Past insurance claims
- Expert witness testimony
All of this information is compiled and analyzed to build a solid foundation for your case against the truck driver, trucking company, manufacturer, or any other entity deemed liable for the accident.
3. Truck Accident Lawyers Go to Trial
Your attorney will help you file an insurance claim after a trucking accident. He or she should also be willing to go to trial to fight for additional damages related to your injuries, such as pain and suffering and loss of future income.
The burden of proof will be on you and your lawyer. In the case of a truck accident, your lawyer must prove four things:
- The driver or other liable party had a duty of care to drive safely and responsibly
- The driver or other liable party failed in this duty of care
- The failure to execute this duty of care directly resulted in your injuries
- Your injuries resulted in losses
“Losses” can be economical and non-economical. Economical losses involve damages that have a calculable value. These include medical bills, loss of income, and property damage. Economic damages are not capped.
Non-economic damages are those related to the emotional toll of an accident. These include pain and suffering, loss of companionship, and loss of enjoyment of life. These damages are often more difficult to prove. They are also capped in the state of Colorado at $250,000.
In Colorado, you have three years to file a claim for personal injuries sustained in a motor vehicle accident, including truck accidents. If someone was killed in a trucking accident, you have two years to file a wrongful death claim.
Truck Accident Lawyer Colorado
Trucking accidents can result in tragic losses for victims and their loved ones. If you have been involved in a trucking accident in the state of Colorado, contact Dave Roth with The Roth Group. Dave is an exceptionally skilled trial lawyer with years of experience fighting for his personal injury and insurance clients. Call or go online today to schedule a free consultation.