Because of their enormous size and weight, when trucks crash with other vehicles, the accidents can cause more
severe injuries than most car accidents. These injuries can be fatal or cause long-lasting or permanent damage and negatively impact your life for years to come. A truck accident can leave you traumatized, in tremendous pain, and unable to go to work. The lack of income and increased medical bills can strain your finances and cause a good deal of stress at a time when you are trying to regain your health.
You don’t have to face this daunting experience alone. A qualified Lafayette truck accident attorney can help you hold the negligent party accountable. At Sloat, Nicholson & Hoover, P.C., we have a reputation for providing valuable and successful representation to our clients. Contact one of our experienced truck accident lawyers in Lafayette to discuss how we can protect your rights.
Truck accidents are based on the law of negligence. To prove fault in a truck accident claim, the injured party must prove the following four elements:
The duty of care depends on the party. For truck drivers, the duty of care involves a duty to drive safely, obey traffic laws, and obey federal regulations for truck drivers. A truck company’s duty is to hire only qualified drivers and train their truck drivers sufficiently. For truck manufacturers, they must design and build trucks efficiently. Truck service companies must adequately maintain the trucks entrusted to their care. Governmental entities must keep the roads safe.
If any of those parties fail to fulfill their duty, they are in breach of that duty. For the causation element, the breach of duty must be directly connected to the harm and losses sustained. Common truck accident injuries include the following:
Negligence in truck accident claims can be hard to prove. A truck accident lawyer can assess your case to determine who is to blame for the accident.
Negligence cases are not always straightforward. Sometimes, both parties are to blame. In Colorado, if you are partially negligent, you might still be able to recover damages. Colorado is a modified comparative negligence state, which means that as long as you are less to blame than the other driver, you can still get compensated. And, the compensation you can recover is decreased by your percentage of fault.
For example, suppose you suffered $100,000 in damages and were 10% at fault for the accident. Your percentage of fault (10%) is less than the other party’s percentage of fault (90%). Therefore, you can recover compensation. However, you cannot recover the entire $100,000. You can only recover 90% of your losses, which in this case amounts to $90,000. Alternatively, if you were 51% at fault and the truck driver was 49% at fault, you would not be able to recover any compensation because your percentage of fault is greater.
While not required, it is extremely wise to use a truck accident lawyer to pursue your case. Truck accidents are not the same as car accidents. Collisions involving large commercial trucks that weigh 20-30 times more than a car and drivers, trucking companies, trucking repair facilities and truck manufacturers are controlled by complicated governmental regulations. Insurance companies aim to attribute at least half of the blame on you because they know if they can get you up to more than 50% at fault, they don’t have to pay you anything. Or insurance companies might try to prolong the negotiation phase to make you more desperate. They assume that desperation will prompt you to accept a low amount of compensation.
At Sloat, Nicholson & Hoover, P.C., we know how to fight back against these tactics. We are not afraid to face insurance companies and fight for your rights. We will not let them intimidate or manipulate you into accepting less than you deserve.
Colorado law establishes a three-year limit to bring a truck accident claim. This time period is called the statute of limitations. Once this three-year period passes, absent a few exceptions, you are generally barred from pursuing any compensation from the party responsible for the truck accident. So, it’s imperative to contact truck accident attorneys in Lafayette as soon as possible so they can start working on your claim.
At the law offices of Sloat, Nicholson & Hoover, P.C., our dedicated and compassionate attorneys have over 100 years of combined experience advocating for the rights of injured people. Personal injury is all we do. We dedicate our workforce and resources to holding negligent parties responsible for the harm they cause. To learn more about how we can help you, contact us now. We offer a free consultation to all new clients, so don’t delay.