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Denver Truck Accident Lawyer

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When you’re involved in a truck collision, you’re at risk of serious or even fatal injuries as a result of the vehicle’s large size. Truck drivers receive special training to help them operate massive commercial vehicles safely, but unfortunately they sometimes engage in negligent behavior that can cause devastating damage.

If you or a loved one was hurt or killed as a result of a truck crash and the driver was to blame, our injury lawyers at Daniels & Scriven, PC can help you. We understand the complexity of the laws related to truck crashes and we can put our four decades of legal experience to work on your case. 

Give us a call at (720) 863-6006 to learn more about the assistance our Denver truck accident lawyers can offer when a truck accident causes you harm.

When Can You Make A Truck Accident Claim In Denver?

If a truck driver was at least 51% responsible for causing you injuries in a truck crash, you can make a claim against that driver for compensation. This differs from rules in other states, some of which allow you no recovery at all if you were partly responsible for a collision and others in which you can always pursue a claim, even against a trucker who was just 1% responsible for the incident.

Colorado’s rule is called modified comparative negligence and it’s found in Colo. Rev Stat. § 13-21-111. The relevant statute explains that your “damages allowed shall be diminished in proportion to the amount of negligence attributable to the person for whose injury, damage, or death recovery is made.”  This means if you were 10% responsible, you would not receive any compensation for 10% of your losses. 

If a trucker was to blame, you don’t just have to sue that driver. Under CO Code § 13-21-111.5 (2021) , the law is clear that you can make a case against the employer of a person who harmed you while performing job duties. The employee acts as an agent of the company, so the business is liable for the employee’s negligence even if the company itself did nothing wrong. 

Since trucking companies may have more ability to pay for losses than individual drivers, this is an important rule. 

No matter who you are making your claim against, though, there is a statute of limitations that applies. Under Colo. Rev. Stat. § 13-80-101, you have three years to bring a claim arising out of an incident with a motor vehicle. If more time than that passes, your claim will be time-barred. 

How To Make A Denver Truck Accident Claim 

Most truck accident cases arise based on the negligence or carelessness of the driver. So, there are certain things you have to prove. A case called Perreira v. State, 768 P.2d 1198 (1989) explains that “to recover on a claim in negligence, the plaintiff must establish the existence of a legal duty, breach of the duty, causation, and damage.”

Truckers have a duty to exercise care on the roads and if you can show they directly caused you harm by behaving without reasonable care, you should be entitled to recover compensation. 

Compensation for a Denver Truck Accident

Actual financial loss should be fully compensated after a truck crash. This includes payment for things like medical bills as well as lost wages and earning power.

You should also be compensated for non-economic damages. However, Colo. Rev. Stat. § 13-21-102.5 caps non-economic loss, defined to include “pain and suffering, inconvenience, emotional stress, and impairment of the quality of life.” While you can still recover for these non-financial losses, the amount is limited, with the specific limit adjusting over time to account for inflation.

Getting Help from a Denver Truck Accident Lawyer  

For more than four decades, Daniels & Scriven, PC has focused on providing the compassionate advocacy truck crash victims need. We know that truck accidents can be frightening and cause lasting impacts because trucks are so much larger than other vehicles on the road. We will fight for your right to get fair compensation so you can get the funds you need to move forward. Give us a call today at  (720) 863-6006 to learn more.