Being involved in an accident with a commercial truck can be a frightening experience. Commercial trucks always dwarf smaller passenger cars and collisions with these trucks can total other vehicles. In addition, the people inside the smaller cars can suffer severe injuries. Even low-speed collisions can result in serious injuries that can take months or years to heal.
Although commercial truck drivers are required to obtain special licenses to drive their trucks, they must follow the same rules of the road as all other motorists. When those rules of the road are broken, and people are injured, they have the right to sue for damages.
Arvada truck accident lawyers represent individuals in their fights against truck companies and their insurance companies to obtain the fair compensation that they deserve. Contact a skilled Arvada attorney today to begin your claim.
Colorado Truck Accident Laws
Because most collisions between commercial trucks and other cars are the result of accidents, they are examined under the legal theory of negligence. Negligence allows people who are injured due to the actions of others to sue them for damages, even though the at-fault people did not intend for the injuries to happen.
Specifically, there are five parts, or elements, to any successful negligence claim revolving around truck accidents in Arvada. These are:
- Duty – There are some situations in life when a person has a legal responsibility to care for the well-being of others. A prime example of this is when any person drives a truck. These people have a responsiblity, or duty, to protect other drivers, passengers, and pedestrians. Because of this, a plaintiff’s case alleging a truck accident will always satisfy this element
- Breach – When the person carrying a duty to protect acts in a way that causes the protected person to become injured, the duty is said to be breached. Actions such as ignoring a stop sign, failing to signal, or simple careless driving can all lead to a breach of the care of duty
- Cause – The injuries suffered by the plaintiff need to have been caused by the breach of the duty of care. In other words, the accident caused the injuries
- Scope – The injuries need to be foreseeable from the circumstances of the case
- Damages – The plaintiff needs to have suffered a physical injury. Other harms, such as lost time at work or lost enjoyment of life can be added on, but all claims revolving around negligence need a foundation in a physical harm
Time to File a Claim
One other aspect of Arvada truck accident claims that people need to be aware of is the statute of limitations.
This is a time limit created by statute that plaintiffs must meet. If this time limit passes, and the case has not been filed in court, the defendant will successfully argue for the case to be dismissed. According to Colorado Revised Statute 13-80-101 the statute of limitations is three years.
How an Arvada Truck Accident Attorney Can Help
The most important thing for people involved in truck accidents to do is to make a full recovery. Unfortunately, this is made difficult by aggressive insurance companies who like to settle claims quickly and for small sums. Arvada truck accident lawyers work to represent victims in a way that both protects their rights and allows them to focus on getting their lives back on track.
Skilled attorneys handle all of the paperwork and necessary investigations while the injured individuals get their lives back to normal. Most cases result in a fair settlement without ever needing to go to court.
However, in the rare instance that a case does need to be filed in court, they are prepared to stand by the victims every step of the way to work towards the fair compensation that they deserve. Contact Arvada truck accident attorneys today to see how they can help you.