Negligence in Aurora Truck Accidents
Due to the size of commercial trucks, truck accidents are generally more severe than regular car wrecks. This means that damages from the accident are going to be higher as well. If you have been injured in a truck collision, you may want to file a claim so that you can get the recovery you deserve. Assigning negligence in Aurora truck accidents can be complex, which is why you should contact an experienced lawyer who could assist you.
Common Accident Injuries
With accidents involving trucks, the injuries are usually quite significant and the recovery process can be lengthy or permanent. The common injuries associated with a truck wreck include:
- Back and neck injuries
- Broken bones
- Brain injuries
- Internal organ injuries
- Spinal cord and paralysis
- Wrongful Death
Unique Ways Truck Accident Claims are Handled
Truck accident cases are usually handled in a different way than car wrecks. In a truck collision, there could be a claim for vicarious liability, which says that the employer of the truck driver is responsible for the damages. Also, a truck driver is held to a higher standard of care than a normal driver on the road. Someone who holds a license like a commercial driver’s license is expected to have higher driving skills. What also is unique about accidents involving trucks is that if it is alleged that the truck driver was driving below the standard of care of a normal truck driver, then an expert could testify their opinion regarding the standard of care for truck drivers.
Colorado is a comparative negligence jurisdiction. Comparative negligence means that there can be more than one person at fault for the accident. For example, a person has 100 percentage points of liability and, when the case is handed over to the jury, the jury decides how to distribute those percentage points of liability. It is possible for the truck driver to be 99 percent at fault and the plaintiff to be one percent at fault for the accident.
There are cases where a truck driver can be cut off by another vehicle which speeds off. While this vehicle may not have been involved in the ensuing accident, cutting off the truck driver may have contributed to the accident. This means comparative fault could be assigned to this person as well as the truck driver. The jury has to take into account of all possible factors of the wreck.
There are numerous factors involved when assigning negligence in Aurora truck accidents. A few examples could be the road conditions, the volume of traffic, and if there was an emergency. There are situations when the comparative fault is placed on a mechanic who repaired the truck’s tires or brakes. In trucking accidents, because the damage and policy limits are so high, an insurance company will generally do anything and everything possible to keep their insurance liability as low as possible. They will place blame on other drivers, loose dog in the road, or a pedestrian, or anyone they can.
When assigning fault in a truck accident, it is important to remember the relationship between the employer and the employee. Some truck drivers are independent contractors or self-employed. Whether they are self-employed or employed by a trucking company could affect liability for the accident. An experienced lawyer will know how to find out what all parties are responsible for the accident.
How an Attorney Could Help
Assigning negligence in Aurora truck accidents can be complicated, which is why those injured in a wreck should obtain legal counsel. An attorney could investigate the scene right away to gather evidence that is vital for establishing liability. A lawyer can also calculate the damages you are entitled to. If you have been injured in a wreck, call a lawyer today to get started on your claim.