Overloaded/Overweight Truck Accidents in Loveland
Fully loaded commercial trucks with attached trailers can weigh up to 80,000 pounds, making them a potential danger to other vehicles on the road, and when these trucks are overweight or overloaded, they pose an even greater risk of accidents because they cannot stop as quickly, which can lead to serious injuries and death.
Anyone who is hurt in an overloaded/overweight truck accident in Loveland should call an experienced truck accident attorney today. A lawyer could investigate the case to establish liability, argue a case in court, or negotiate with insurance companies for a settlement that will cover your medical bills.
Size and Weight Limitations for Commercial Trucks
Commercial trucks in Colorado are required to follow state and federal laws relating to size and weight. Overweight and oversize trucks must get a special permit from the Colorado Department of Transportation (C.D.O.T.) to operate on designated highways.
Some laws, such as the Colorado Chains Law (requiring commercial trucks to have chains on their tires during for road conditions), might apply, depending on the facts of a case. A lawyer in Loveland who has experience with overloaded/overweight truck accidents could advise a client as to the full range of laws applicable to their case.
Proving Liability in Colorado
To prove liability, a plaintiff must show another party was negligent in all four of the following ways:
- The defendant had a duty to act with care
- The defendant failed to do so
- This failure caused the plaintiff’s injury
- The plaintiff is due damages because of this injury
Per Colorado Revised Statutes § 13-21-111, Colorado is a comparative negligence state. This means a plaintiff who is partially at fault for an accident can still recover damages, but they will have their award reduced by their percentage of fault. This puts an onus on defense counsel and insurance representatives to blame the plaintiff and reduce the defendant’s (or insurer’s) liability. Another important factor is the statute of limitations for motor vehicle accident cases, including overloaded/overweight truck accident cases, which is three years from the date of injury.
An experienced lawyer could handle help refute these arguments on behalf of their client, prove negligence, and make sure the suit is filed before the statute of limitations expires after an overloaded/overweight truck accident in Loveland.
Dealing With Insurance Companies
In an accident involving an overloaded/overweight truck, several parties could be liable, including the truck driver, their employer, the truck manufacturer, and parts manufacturers. For an injured person hoping to settle outside of court, this could mean dealing with multiple insurance companies.
Because insurers are for-profit companies who need to protect their bottom lines, they will often make low settlement offers and pressure injured people to accept quickly, knowing the injured parties are likely to underestimate the value of their case. An attorney in Loveland who has experience with overloaded/overweight truck accidents could help to properly value the damages in a case and negotiate for a payout with insurance companies on their client’s behalf.
Call an Attorney When You Are In an Overloaded/Overweight Truck Accident in Loveland
After you are injured in an accident, you may worry about medical bills and being able to work. While financial restitution cannot change what happened to you, a compassionate lawyer who understands your worries could handle the legal aspects of your case so you can focus on your healing.
Contact an experienced lawyer for a free consultation after an overloaded/overweight truck accident in Loveland, and take step one toward getting what you are owed for your injuries.