Any collision between a personal car, SUV, or motorcycle and a truck can cause catastrophic injury to the person in the smaller vehicle. The same goes for collisions with garbage trucks. Despite the fact that they often are moving at a slow speed, they carry a lot of mass, and so collisions carry a lot of force.
Less common, but still possible accidents involve items falling off the truck. Motorists are forced to swerve to avoid this debris, sometimes causing collisions with parked cars, light posts, or even other drivers. Denver garbage truck accident lawyers can fight to get victims the fair compensation that they deserve following accidents caused by garbage trucks. It may be critical contact a skilled truck accident attorney as soon as you have been injured.
Denver Truck Accident Laws
While there are certainly instances of garbage truck drivers intentionally causing damage to other motorists, the vast majority of collisions Denver garbage truck accident lawyers see are accidents. Because of this, these cases are most often pursued under the common law theory of negligence.
This is considered common law since there is no statute passed in Colorado defining negligence. Rather, negligence has been defined by the state’s courts over the years. There are five parts, or elements, that a plaintiff must satisfy to prevail on a negligence claim include duty, breach, cause, scope, and damages.
Who is Liable?
In most cases involving a collision with a garbage truck, the defendant in garbage truck accident cases will be the local government. Because of this, the process for filing a claim is somewhat different. Whereas car accident claims generally are filed against the defendant’s insurance company, claims for damages against a government entity must follow the procedures described in the Colorado Governmental Immunity Act. This states that all claims must be filed administratively within 182 days of the loss. For this reason, time is of the essence. Contact Denver garbage truck accident lawyers immediately to protect your rights.
Breaking Down Negligence Claims
Under the law, certain people are given responsibility to protect others in specific situations. Whenever any person drives a vehicle, they assume a duty to protect all other people on the road, and all pedestrians. The duty of care is considered to be breached when the defendant takes an action or fails to act, in a way that brings the protected party to harm. Examples can be speeding, running a stop sign, or not properly securing all trash aboard the truck.
The plaintiff’s injuries, or cause, must be proximately caused by the defendant’s breach of the duty of care. Scope in these cases typically means that the injuries suffered must be foreseeable considering the facts of the case. In order to award damages, the plaintiff must suffer actual physical damage. This can be to either property or his person. Mental anguish can be added on, but is insufficient on its own.
How a Truck Accident Attorney Can Help
Whether you have been injured in a direct collision with a garbage truck or were forced into a collision with another object due to falling debris, Denver garbage truck accident lawyers are here to help. Attorneys can listen to your story with compassion and attentiveness in order to form a theory of your case that is tailored to your specific needs.
By looking at all of the evidence, talking to witnesses, and consulting with experts, lawyers can present a strong case in the administrative filing. Most cases settle before going to court, but if a trial is necessary, Denver garbage truck accident attorneys can be by your side from beginning to end to fight for the compensation that you deserve. The time limits for claims against the government is extremely short.