Commercial trucks are large, cumbersome vehicles. In an attempt to load as much cargo as they can onto the vehicle, truck manufacturers and trucking companies sacrifice a certain amount of mobility and driver vision.
Although most large trucks have extensive side-view mirrors and other safety equipment, the simple fact of the matter is that a driver cannot see all that there is to see surrounding their vehicle. This can cause accidents between the truck and passenger vehicles in blind spots created by the vehicle’s mass.
A Denver blind spot truck accident lawyer can represent you if you have been injured in collisions with commercial vehicles and can help you get fair compensation for your injuries. Get in touch with a skilled truck accident attorney who can advocate for you.
Truck Accident Laws in Colorado
Commercial truck drivers undergo extensive training and licensing programs. Despite this, carelessness among drivers is common and this can lead to accidents. Occurring most commonly on turns in narrow streets, blind spot collisions can cause heavy damage and severe injuries.
Although the injuries can be extensive, the root cause of them is an accident. Because of the accidental nature of these collisions, most blind spot accident cases are examined through the prism of the legal theory known as negligence.
In short, negligence is the idea that certain people have a legal duty to meet a certain standard of care owed to others, and when they fall below that standard of care and cause harm, they are negligent and thus legally liable. More precisely, there are five elements that must be met in all negligence claims:
- Duty – In some situations, the law confers a responsibility on a person to protect others. This is known as a duty of care. All motorists, including commercial truck drivers, have a duty to care for the well-being of all other motorist, passengers, and pedestrians
- Breach – A breach of the duty of care occurs when a defendant takes an action or fails to act, in such a way that the protected party is harmed. In cases involving blind spot collisions, this can include not looking in mirrors before changing lanes or not ensuring that a neighboring lane is clear before starting a turn
- Causation – The plaintiff must show, usually through medical records, that their injuries were caused by the defendant’s breach of the duty of care
- Scope – The plaintiff’s injuries must be foreseeable from the facts of the case. Considering that serious injuries and even death can result from collisions with commercial trucks, almost all injuries are foreseeable
- Damages – The plaintiff must have actual injuries. Because of the injuries, a plaintiff suffers economic damages, such as medical expenses and lost wages, and non-economic damages, such as pain and suffering
Statute of Limitations in Truck Accident Cases
Another aspect of the law to remember is the concept of the statute of limitations. This concept places a time limit wherein a plaintiff must file suit in court in order to collect damages.
Colorado Revised Statute 13-80-101 gives plaintiffs three years from the date of the accident so time is of the essence, and the counsel of a Denver blind spot truck accident lawyer can make all the difference.
An Attorney’s Role in Recovering Damages
If you or a loved one has been involved in a collision with a commercial truck where your car was hit while being in that truck’s blind-spot, an attorney can help. Your focus should be on making a full recovery and getting your life back to normal.
Unfortunately, doctor’s bills, aggressive insurance companies, and losing time at work can make this difficult. Let a lawyer handle the details. An attorney can talk with your doctors, gather the evidence, and negotiate with the insurance company on your behalf. Using this method, most cases settle without ever seeing a courtroom. If the case does need to go to trial, an attorney can be at your side every step of the way to prepare you to testify on your own behalf.
Take the step to ensure that your recovery is as stress-free as possible and contact a Denver blind-spot truck accident lawyer who can advocate for the fair compensation that you deserve.