If you or a loved one has been involved in an accident with a commercial dump truck, a Denver dump truck accident lawyers is here to help. Dump trucks are massive vehicles often weighing as much as 56,000 pounds. Because of this extremely heavy weight, they are clumsy, cumbersome vehicles.
Collisions between dump trucks and personal vehicles can result in serious injury or even death for the people in the smaller cars. A qualified truck accident attorney can fight on your behalf to get you the compensation that you deserve.
Law Concerning Dump Trucks
Colorado law concerning dump truck accidents is contained in the common law. This means that there is no statute passed by the Colorado legislature defining what rights people have when involved in an accident. Rather, the state’s courts, over time, have come to define those rights in the form of causes of action.
There are many common law causes of action in civil law, but the one that is most pertinent in truck accident cases is negligence.
In simple terms, negligence is when a person has a responsibility to care for the well-being of another. When that person fails in their responsibility and the other person comes to harm, that person was negligent and should be held responsible through the assistance of a Denver dump truck attorney.
More precisely, there are five elements that a plaintiff must satisfy for a successful negligence claim:
- Duty – In specific situations, the law places a responsibility on people to not cause harm to others. In cases involving dump truck accidents, the drivers of the trucks have a duty of care regarding all other drivers, passengers, and pedestrians
- Breach – A breach of the duty of care happens when a person who has a duty to protect takes an action or fails to act, in such a way that the protected person comes to harm. This can include acts such as speeding, rear-ending, or failing to signal
- Causation – The plaintiff must be able to demonstrate that her injuries were caused by the defendant’s breach of the duty of care
- Scope – The plaintiff’s injuries must have been foreseeable from the circumstances of the accident
- Damages – The plaintiff must suffer actual physical harm. This can include harm done to property or to the body. Mental suffering can be added on to a claim for physical damages but is insufficient on its own
One other aspect of the law to remember is the statute of limitations. In short, this is a time limit within which a plaintiff must file a case in court for it to be heard. Colorado Revised Statute 13-80-101 makes this limit three years from the date of the accident.
This may seem like a long time, but medical treatment and settlement negotiations can often take months, if not years which is why it is important to get in touch with a Denver dump truck accident lawyer as soon as possible.
Let a Denver Dump Truck Accident Attorney Assist You
The recovery from an accident with a dump truck can be a long and difficult process. On top of the damage to your car, the physical and mental pain can be significant. While you are trying to get your life back together, medical bills and insurance company requests are mounting.
A Denver dump truck accident lawyer is here to help. They can deal with all of the insurance company paperwork and negotiations so you can focus your energy where it belongs: on your recovery.
By gathering all of the evidence, talking to witnesses, and consulting with experts, an attorney can form a strong negotiation platform in an attempt to settle your case before it has to go to court. Indeed, most cases settle before ever seeing a courtroom.
If a trial is necessary, however, a litigator can be at your side to explain your case to the jury and get you the compensation that you deserve due to another driver’s negligence. Contact a lawyer today.