Colorado Springs Truck Accident Lawyer

How Common Are Truck Accidents in Colorado Springs?

Truck accidents are more likely to result in serious injuries or fatalities due to the size and weight of the vehicles involved. According to the National Highway Traffic Safety Administration (NHTSA), 5,788 people died in crashes involving large trucks last year—a 17% increase over the previous year. Seventy-two percent of people killed in large truck crashes that year were occupants of other vehicles.

In Colorado, there were 78 fatal crashes involving large trucks. Interstate 25, which runs through Colorado Springs, is a major corridor for truck traffic and has seen numerous accidents over the years.

Do I Have a Truck Accident Case?

Negligence forms the basis for most personal injury claims, including those involving truck accidents. In simple terms, negligence occurs when someone fails to exercise the care that a reasonably prudent person would use under similar circumstances, resulting in harm or damage to another party.

A successful truck accident case must establish four key elements of negligence:

1. Duty of Care: The plaintiff must demonstrate that the defendant (e.g., the truck driver, trucking company, or other parties) owed them a legal duty of care. In truck accidents, drivers and trucking companies have a duty to operate their vehicles safely and comply with traffic laws and regulations.
2. Breach of Duty: The plaintiff must show that the defendant breached their duty of care by acting or failing to act in a manner that a reasonably prudent person would have under similar circumstances. Examples of breaches in truck accident cases include speeding, distracted driving, or failing to maintain the vehicle properly.
3. Causation: The plaintiff must prove that the defendant’s breach of duty directly caused their injuries or damages. In other words, the plaintiff’s harm must directly result from the defendant’s negligent actions or inactions.
4. Damages: Finally, the plaintiff must have suffered actual damages, such as physical injuries, property damage, lost wages, or pain and suffering, as a result of the defendant’s negligence.

To build a strong truck accident case, your Colorado Springs truck accident lawyer will gather evidence, interview witnesses, and consult experts to establish these four elements of negligence. By proving negligence, you can seek compensation for the damages you have suffered due to the truck accident.

Who May You Hold Liable in a Truck Accident Case?

In a truck accident claim, you can hold multiple parties liable. Some potentially liable parties include:

Truck Driver

If the truck driver’s negligence, such as speeding, distracted driving, or driving under the influence, caused the accident, they may be held liable for the resulting damages.

Truckers must also follow rules and regulations set by the Federal Motor Carrier Safety Administration (FMCSA), such as Hours of Service Regulations and vehicle maintenance and inspections. When a truck driver violates these guidelines, accidents can occur.

Trucking Company

The trucking company that employs the driver can be held responsible for the driver’s actions. Additionally, you can hold the company liable if they fail to train or supervise their drivers properly or if they encourage unsafe practices like violating hours-of-service regulations.

Cargo Loaders

If the accident was caused by improperly loaded or secured cargo, the individuals or companies responsible for loading the truck may be held liable. For example, improperly loaded, overloaded, or unevenly distributed cargo can shift during transport and cause the truck to overturn or lose control, leading to liability for the cargo loader.

Vehicle Manufacturers

The manufacturer may be held accountable under product liability laws if a defective vehicle or vehicle part contributed to the accident. For example, under product liability laws you can hold the manufacturer liable for faulty brakes, defective tires, or inadequate steering systems that cause a truck accident.

Maintenance Providers

Companies responsible for maintaining and repairing the truck can be liable if their negligence in servicing the vehicle led to the accident. For example, if a maintenance provider fails to repair a truck properly, such as not fixing faulty brakes or not replacing worn-out tires, and these issues lead to an accident, you can hold them liable for negligence.

Other Drivers

If another driver’s negligence on the road contributed to the truck accident, they may share liability for the damages. This includes drivers who speed, drive while distracted, or fail to yield the right of way.

Government Entities

In some cases, government entities responsible for designing, constructing, or maintaining the roads may be liable if dangerous road conditions played a role in the accident. For example, you can hold the government accountable if it fails to provide proper signs, traffic signals, or warning signs about road hazards, construction zones, or sharp curves leading to a truck accident.

What Compensation is Available to Truck Accident Victims?

Damages in a legal context refer to the monetary compensation awarded to a person who has suffered harm or loss due to another party’s negligent or intentional actions.

In truck accident cases, damages are designed to help the victim or their family recover from the financial, physical, and emotional consequences of the accident. There are two main categories of damages: economic damages and non-economic damages.

Economic Damages

These are quantifiable financial losses that result from the accident, including:

• Medical Expenses: Costs related to hospital stays, surgeries, medications, rehabilitation, and any future medical treatment needed due to the accident.
• Lost Wages: Income lost due to time missed from work as a result of the accident, as well as future lost earning capacity if the victim is unable to return to work or must take a lower-paying job.
• Property Damage: The cost to repair or replace any personal property damaged in the accident, such as a vehicle.

Non-Economic Damages

These damages are more subjective and difficult to quantify, as they relate to the physical and emotional consequences of the accident, including:

• Pain and Suffering: Compensation for the physical pain and emotional distress caused by the accident and the resulting injuries.
• Emotional Distress: Compensation for psychological issues like anxiety, depression, or post-traumatic stress disorder (PTSD) resulting from the accident.
• Loss of Enjoyment of Life: Compensation for the inability to participate in activities or hobbies that the victim enjoyed before the accident due to their injuries.
• Loss of Consortium: Compensation for the loss of companionship, support, and intimacy suffered by the victim’s spouse or family members.

Compensation for Families Who Lost a Loved One in a Fatal Truck Accident

In the tragic event that a truck accident results in the death of the victim, their family members may pursue a wrongful death claim.

In addition to the damages listed above, a wrongful death claim may also seek compensation for:

• Funeral and Burial Expenses: Costs related to the victim’s funeral, burial, or cremation.
• Loss of Financial Support: Compensation for the income and benefits the deceased would have provided to their family had they survived.
• Loss of Parental Guidance: Compensation for the loss of the deceased’s guidance, nurturing, and support for their children.

The specific damages available in a truck accident case can vary depending on the circumstances of the accident. An experienced Colorado Springs truck accident lawyer can explain the damages you may recover and fight to secure the full compensation you deserve for your losses.

How Can a Lawyer Help with My Truck Accident Case?

If you or a loved one has been involved in a truck accident, the experienced attorneys at Frank Azar Car & Truck Accident Lawyers are here to help you navigate this challenging time. When you choose our firm to represent you, here’s what you can expect:

Personalized Attention

Our Colorado Springs truck accident lawyers will take the time to listen to your story, understand your unique needs, and develop a strategy tailored to your specific case.

Thorough Investigation

We will conduct a comprehensive investigation into your truck accident, gathering evidence such as police reports, witness statements, truck maintenance records, and driver logs to build a strong case on your behalf.

Expert Resources

Our firm has access to a network of experts, including accident reconstruction specialists, medical professionals, and financial analysts, who can provide valuable insights and testimony to support your claim.

Negotiation Skills

Our attorneys are skilled negotiators who will work tirelessly to secure a fair settlement that covers your medical expenses, lost wages, pain and suffering, and other damages related to the accident.

Courtroom Experience

If the other side refuses to accept a fair settlement, we can take your case to trial. Our team of litigators has a proven track record of success in the courtroom and will fight vigorously to protect your rights and interests.

Compassionate Support

We understand that the aftermath of a truck accident can be overwhelming, both physically and emotionally. Our team will provide compassionate support throughout the legal process, keeping you informed and addressing any concerns you may have along the way.

No Upfront Costs

At Frank Azar Car & Truck Accident Lawyers, we work on a contingency fee basis, which means you won’t pay any legal fees unless we successfully recover compensation for you.

Contact Our Colorado Springs Truck Accident Lawyers Today

After a truck accident, it’s crucial to have an experienced and dedicated legal team on your side. At Frank Azar Car & Truck Accident Lawyers, we understand the physical, emotional, and financial toll these accidents can take on victims and their families.

Colorado Springs Truck Accident Attorney, Franklin D. Azar

Our Colorado Springs personal lawyers are committed to providing the personalized attention, comprehensive service, and tireless advocacy you need to seek justice and secure the compensation you deserve.

Don’t face the challenges of a truck accident claim alone. Contact Frank Azar Car & Truck Accident Lawyers today to schedule a free consultation with one of our experienced attorneys. We’ll review your case, answer your questions, and discuss how we can help you move forward after a truck accident.

With our proven track record of success and unwavering commitment to our clients, you can trust that your case is in capable hands. Call us today at (719) 722-3190 or through our online form to learn more about how we can help you with your truck accident case.

Frank Azar Car & Truck Accident Lawyers – Colorado Springs Office

5536 Library Ln,
Colorado Springs, CO 80918
P: (719) 722-3190