Collisions between commercial trucks and smaller vehicles can result in very serious injuries. Trucks weighing many tons easily brush aside smaller cars and can demolish them in direct collisions, a situation that may require legal assistance.
While truck drivers are required to obtain special licenses to operate their vehicles, they still are required to drive with the same care that is required of all other drivers. One common way that they violate this care is by overloading their trailers. By making their trucks overweight, they reduce their ability to properly control the truck and add additional force to an already violent collision.
Denver truck accident lawyers help clients who have been injured in accidents with overweight commercial trucks to fight for the compensation that they deserve.
Truck Accident Laws in Colorado
The most common way for a plaintiff to recover compensation after an accident with a truck is through the legal theory of negligence. This theory operates under the assumption that the accident was exactly that, an accident. However, when we consider the fact that the truck involved in the accident was overloaded, the legal analysis changes.
Normally, to prevail under the theory of negligence, a plaintiff must establish the five elements of Duty, Breach of Duty, Causation, Scope, and Damages. However, in cases where the defendant was acting in a way that violates the law, the defendant can be considered negligent automatically. If the plaintiff can show that the defendant was violating a statute at the time of the accident, the two elements of duty and breach of duty can instantly be met.
In the case of an overweight truck, if it is determined that the truck weighed more than 20,000 pounds on a single axle while traveling on an interstate, any accident that the truck is involved in will expose the truck driver to negligence per se. This makes the plaintiff’s case far simpler.
Statute of Limitations in Colorado Truck Accident Cases
One other legal aspect of a truck accident case to keep in mind is the statute of limitations, which, in simple terms, is a time limit that a plaintiff has to file a claim after the accident takes place.
Colorado Revised Statute 13-80-101 says that the time limit is three years for all truck accident-related injuries, even those that may involve negligence per se.
This may seem like a long time, but recovery from injury and settlement negotiations can take months. Time is of the essence in these cases, contact a lawyer specializing in overweight and overloaded truck accidents today.
Denver Overweight Vehicle Accident Attorneys Can Help
If you or a loved one has been involved in an accident with an overweight truck, your focus should be on your recovery. The amount of red tape and paperwork that inevitably comes with these accidents is substantial. Between obtaining the proper medical treatment, talking with your insurance company, and fending off the defendant’s insurance representative, the process can quickly become overwhelming.
Denver truck accident lawyers are available to help. They examine all of the evidence in your case from witness statements, to police reports, to accident reconstructions, in order to develop a strategy based on the fact that the truck in the accident was overweight.
Armed with this knowledge, and backed up by a strong demand package, many cases settle without ever going to court. If the case does need to go to trial, they are at your side every step of the way to fight for the compensation that you deserve. Contact today to let attorneys take care of the details so that you can concentrate on your recovery.