Colorado Truck Accident Attorney

Truck Accident Attorney in Colorado Helping You Get the Compensation You Need

Several major interstates run through Colorado, including I-70 running east and west and I-25 running north and south. As a result, Colorado has a large amount of truck traffic. With so much truck traffic in Colorado, crashes involving trucks are inevitable. If you or a loved one has been injured in such an incident, contacting a trusted truck accident attorney in Colorado can be crucial.

Liability for crashes involving commercial trucks is much more complicated than liability for other motor vehicle crashes. Responsible parties could include not only the driver of the truck, but also the trucking company, the company that owns or distributes the freight the truck is transporting, the company responsible for the maintenance of the trucking company’s fleet, or even the manufacturer of the truck or its parts.

Trucking companies are often large, international corporations with large legal departments full of aggressive attorneys who are tasked with protecting the company from crash claims. Trying to take on these corporations without professional legal representation would be an uphill battle. A seasoned Colorado truck accident attorney can help you navigate this complex legal terrain and pursue fair compensation.

Call Marlo Greer and the team at Greer Law Group at our Denver office today at 303-331-6460 to speak to a skilled and knowledgeable truck accident attorney to level the playing field and get the compensation you need.

What Are the Most Common Causes of Truck Accidents in Colorado?

There are three main categories of causes for truck crashes:

Driver error: In some truck crashes, the driver of the truck is at fault. The driver may be distracted by things such as texting, talking, or even watching videos on a cell phone or tablet, or they could be sleepy after driving too many hours without a break. In some cases, the driver may be driving under the influence of alcohol or drugs. Any mistake that the driver of a car can make to cause a crash can happen with a truck driver, too, but the consequences may be even more serious due to the increased size and weight of the truck.
Problems with the truck or the load: If a truck is not maintained properly or if parts are defective, problems such as brake malfunction, loss of steering ability, or any other mechanical failure can cause serious crashes. Similarly, an improperly balanced or too-heavy load can cause a truck to swerve or even tip over, causing havoc on the highway.
Environmental causes: Coloradans know how difficult it can be to drive in the snow and ice that we deal with on a regular basis. If the road is not maintained properly, either through slow or absent snow and ice removal or poor maintenance leading to dangerous potholes or crumbling asphalt, for example, truck drivers may have a hard time controlling their rig, and this can cause crashes.

Who Is Liable for Damages in a Truck Accident?

If you are not at fault in a crash with a truck, there are many people or entities who may be liable. If the crash happened due solely to truck driver error, like a driver using drugs or alcohol, for example, or texting while driving, the driver may be the responsible party.

If, however, the trucking company knowingly broke rules or laws in the requirements it put on its driver, for example, disregarding required limits on time driving without a break, the trucking company may be at fault. Federal rules limit truck drivers to 11 hours of driving after 10 consecutive hours off duty, require a 30-minute break after 8 cumulative hours of driving, and allow up to 2 extra hours of driving only when adverse driving conditions come up.

Most trucks are now required to use electronic logging devices that record the driver’s time behind the wheel. If the driver violated these regulations and their employer looked the other way, or if the employer gave the driver deadlines that were impossible to meet without violating the regulations, the company may be held responsible.

Sometimes, crashes happen due to a defect in the manufacturing of the truck itself. If a truck was defective and the manufacturing defect(s) caused your crash, you may be able to make a claim for damages against the manufacturer of the truck.

Required maintenance must be done, and if this step was skipped or done poorly, the company that was responsible for truck maintenance may be liable for your injuries in a truck crash.

Although it is rare, there are cases in which a government entity that is responsible for road maintenance may be held liable in a truck crash case if it failed to maintain the road in a satisfactory manner and that failure caused your truck crash.

What if I Am Found Partially Liable for My Truck Accident?

Some states prohibit plaintiffs from recovering any damages at all if they are partially at fault for their truck crash. This is called “contributory negligence.” Other states allow a partially at-fault plaintiff to recover damages that are reduced by the percentage of their own liability. This is known as “comparative negligence.” For example, a plaintiff who is found 20% liable would get 80% of the damage award in these states. Colorado, however, follows a modified version of comparative negligence, which combines aspects of both contributory negligence and pure comparative negligence.

In Colorado, you are allowed to recover damages reduced by the percentage of your liability, but only if your liability is under 50%. For example, if you are 10% liable for your crash, you could receive 90% of the damages awarded. If you are found 50% liable or more, however, you would not be eligible to receive damages at all in Colorado.

Is There a Limit on the Amount I Can Seek in Compensation for My Truck Accident in Colorado?

In a truck crash case in Colorado, there are three kinds of damages you may be awarded: economic (sometimes called pecuniary) damages, non-economic (non-pecuniary) damages, and punitive damages.

Economic damages include all of the expenses that you incur as a direct result of injuries sustained in your truck crash. Some of the costs included in economic damages are medical bills, lost wages, the costs of required over-the-counter medications and medical devices such as wheelchairs or crutches, and non-medical expenses such as the cost of travel and lodging for out-of-town doctor visits.

There is no limit on the compensation that can be awarded for economic damages. The costs are straightforward and easily proven with receipts and pay stubs.

Non-economic damages involve compensation for the intangible losses and suffering caused by your injuries. Often referred to as “pain and suffering” damages, these can include compensation for such things as emotional distress, trauma-induced mental illness, physical pain, PTSD, the loss of activities or hobbies you previously enjoyed, and the loss of family or other important relationships, for example. These losses are more difficult to prove, but a skilled truck accident attorney can help.

Colorado limits non-economic damages. For claims that arise on or after January 1, 2025, the limit on non-economic damages in Colorado is $1.5 million, and it will be adjusted for inflation starting in 2028. Damages for physical impairment or disfigurement are not subject to this cap.

The Colorado Secretary of State publishes a Certificate with all of the current damage caps, and it is a good idea to check it out to see what the caps are at the time of your personal injury claim.

Punitive damages, which are known as exemplary damages in Colorado, are awarded when the liable party’s conduct is especially egregious. The purpose of punitive damages is, as the name suggests, to punish the negligent party or parties, and also to serve as a deterrent to others who might engage in similar negligent or malicious behavior. In Colorado, punitive damages cannot be sought in an initial claim. Instead, once the case is underway, the court must determine if there is sufficient evidence to warrant punitive damages and must instruct the jury regarding this type of award. Punitive damages in Colorado are limited to an amount equal to the total economic and non-economic damages awarded in the case, though there are certain exceptions that allow for higher amounts. For example, if the plaintiff is awarded $10,000 in a truck crash case, the most they could have added in punitive damages is most likely another $10,000, barring exceptional circumstances.

Punitive damages will most often be awarded if the court determines there has been:

Fraud: Fraud is a false representation of facts with the intent to deprive the victim of legal rights.
Malice: Malice is the intent or desire to cause harm to another person without justification.
Willful or Wanton Conduct: Willful or wanton conduct is acting recklessly with disregard for the health and safety of others with knowledge that the behavior is likely to cause harm.

What Are the Pros and Cons of Negotiating a Settlement in My Truck Accident Case?

In Colorado, many truck crash cases are settled out of court. Trucking companies may be motivated to agree to these settlements as they can save on the costs of litigation if they can keep their case out of court. While it is never a good idea to agree to the first settlement offer you are given, in certain cases your truck accident attorney may be able to negotiate a settlement that has advantages for you. There are many factors to consider when deciding whether to accept a settlement offer in a truck crash case. A skilled truck accident attorney will give you sound legal advice that takes into account the specifics of your situation. While this list cannot take the place of professional legal advice, here are a few general advantages and disadvantages of settling your truck crash claim out of court:

Advantages:

The settlement process is often much quicker than a trial, and you may receive compensation sooner. This can be important to plaintiffs who are in dire financial straits as a result of their crash.
There is less conflict between the two parties and no fault is assigned, which often makes the party who would likely be held liable in court more willing to negotiate.
The negotiation process can go on while a court case is moving forward, and the fear of losing in court can make the defendant more generous in their settlement offer.

Disadvantages:

Usually, the plaintiff must give up the right to future litigation. This can be a problem if further injuries appear later, or more information about the liability of the defendant comes to light.
A settlement may be much less than the amount a plaintiff could be awarded in court.
There will be no public accountability for the at-fault party.

The decision of whether to accept an out-of-court settlement in your truck crash case is a momentous one that can have lifelong repercussions. It is vital that you seek the advice of a skilled truck accident attorney before you accept any settlement in your truck crash case. Failure to do so could shortchange you and your family and leave you unable to recover from your losses, setting you back for decades, and maybe even for generations.

Why Should I Hire a Colorado Truck Accident Attorney?

If you have been in a crash with a semi-truck, chances are your injuries are severe, due to the extreme weight and size of these vehicles. As you recover, you are in no shape to be handling crash investigation, legal paperwork, or making your case in court. On top of that, you will likely be going up against a large corporation such as a trucking company or an insurance company, and those corporations employ teams of lawyers whose whole job is to defeat any claim made against them. Trying to get the compensation you need without the help of a skilled Denver truck accident attorney would not be likely to end well for you, and the party at fault for your crash might walk away scot-free while you struggle to pay your medical bills and keep your family afloat.

Here at Greer Law Group, our truck accident attorneys understand how difficult it can seem to take on one of these big corporations, but we have done it, and we will do it again. We are here to stand beside you and give you peace of mind knowing that skilled professionals are on the case, pursuing the compensation you need. We will thoroughly investigate the crash, file all the necessary legal paperwork, and argue your case in court. The last thing you need is to spend your energy trying to build a case against the truck driver or company that caused your crash when what you should be doing is taking time to rest and recuperate. The Colorado truck accident attorneys at Greer Law Group have the right combination of compassion and grit to stand by your side and hold negligent parties accountable. You are not alone. We will be with you, every step of the way. Marlo Greer and our injury lawyers are here to help. 303-331-6460

Colorado Truck Accident FAQs

Who can be held responsible for a truck crash in Colorado?

It depends on the facts. Possible defendants include the truck driver, the trucking company, the company responsible for maintaining the truck, the manufacturer if a defect in the truck caused the crash, and in rare cases a government entity responsible for maintaining the road.

What federal driving limits apply to truck drivers?

Under federal hours of service rules, drivers of property-carrying trucks may drive a maximum of 11 hours after 10 consecutive hours off duty, and must take a 30-minute break after 8 cumulative hours of driving (49 C.F.R. Part 395). Adverse driving conditions can extend the driving limit by up to 2 hours. A violation of these rules can be evidence in a truck crash case.

How long do I have to file a truck accident lawsuit in Colorado?

In most cases, three years. Colorado law gives three years to file a tort action for bodily injury or property damage arising from the use or operation of a motor vehicle (C.R.S. 13-80-101(1)(n)). If a government entity or employee is involved, a written notice of claim is due within 182 days of discovering the injury (C.R.S. 24-10-109).

Can I recover damages if I was partly at fault?

Yes, as long as your share of fault is less than the fault of the party you are suing. Your award is reduced by your percentage of fault. If your fault is as great as or greater than theirs, you cannot recover (C.R.S. 13-21-111).

Is there a limit on damages in a Colorado truck crash case?

Economic damages such as medical bills and lost wages are not capped. For claims that accrue on or after January 1, 2025, non-economic damages are capped at $1.5 million, and damages for physical impairment or disfigurement are not limited by that cap (C.R.S. 13-21-102.5). Punitive damages, called exemplary damages in Colorado, cannot be included in the first complaint and are generally limited to the amount of actual damages, with increases up to three times allowed only in limited situations (C.R.S. 13-21-102).

Colorado Truck Accident Attorney

Truck Accident Attorney in Colorado Helping You Get the Compensation You Need

Colorado Truck Accident FAQs

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