Distracted Driving Truck Accidents in Loveland
The danger of distracted driving becomes even more serious when a commercial truck driver is scrolling on their smartphone or otherwise not paying attention. Commercial trucks can weigh up to 80,000 pounds (and more, if overloaded), meaning an accident could cause catastrophic injury or death.
Anyone who is injured in a distracted driving truck accident in Loveland should call an experienced truck accident attorney today for a consultation. A lawyer could investigate the accident to determine liability, argue a case in court, or negotiate for a payout from the insurance company.
Laws Pertaining to Distracted Driving
Per Colorado Revised Statutes § 42-4-239, it is a crime to text while driving a motor vehicle, including a commercial truck. Because texting while driving is a leading cause of motor vehicle accidents, determining whether a truck driver was texting while operating their vehicle could prove liability.
Colorado is a comparative negligence state per C.R.S. § 13-21-111, meaning a plaintiff may still recover when they are partially at fault for an accident, but their award may be reduced by an equivalent percentage. The statute of limitations for motor vehicle accidents in Colorado is three years from the date of the accident or discovery of the injury, according C.R.S. § 13-80-101. A lawyer with experience in Loveland distracted driving truck accidents could advise as to the full range of applicable laws and ensure a suit is filed before the deadline.
Determining Liability
In an accident involving a commercial truck, several parties could be liable, including the driver, their employer, the truck manufacturer, and part manufacturers. Proof of liability will determine how damages are awarded in court or during negotiation, which could mean investigating the accident to determine which parties are at fault.
An attorney in Loveland who has knowledge of distracted driving truck accidents could help their client with the investigation, including reviewing photo and video evidence, checking documents such as police reports, witness statements, and maintenance records, recreating the accident, consulting with experts, and analyzing medical records.
Dealing With Insurance Companies
A distracted driving truck accident case in Loveland will typically involve multiple insurance companies. An injured person looking to settle rather than take a case to court could still benefit from the help of a lawyer in dealing with these companies, because they are for-profit institutions that need to protect their bottom lines, meaning they will do everything they can to reduce or negate their liability.
This can mean making lowball settlement offers and pressuring the injured parties to accept them, or aggressive questioning that flusters those injured and leads to their making statements against their interest. An experienced lawyer could negotiate with insurance companies on behalf of their client and argue for a settlement at an amount that reflects the value of the case.
Call an Attorney for Help With a Loveland Distracted Driving Truck Accident Case
Getting in an accident with a commercial truck can mean serious injury and high expenses. You deserve solid representation in your effort to be compensated for what has happened to you in a distracted driving truck accident in Loveland.
Contact our office to schedule a consultation, and take your first step towards getting what you are owed for what you have been through.