How is negligence established following a truck accident?

Seeking compensation for damages sustained in a truck accident is built on proving negligence. As the victim, you and your lawyer will need to prove that the truck driver behaved in a way that was negligent toward others on the road.

Semi trucks and heavy traffic on the interstate

In Colorado law, truck accident lawyers will need to establish negligence by proving the following three elements:

  • Duty of care: The trucker owed a duty to be reasonably careful while on the road.
  • Breach of duty: The trucker or another related party breached their duty of care by failing to behave carefully or acting negligently. 
  • Injury: The truck driver’s breach of duty caused injuries. 
  • Loss: There are provable injuries and other monetary losses.

These elements of negligence seem fairly straightforward, and often, in passenger vehicle accidents, your lawyer will be able to build your case quickly and efficiently.

However, there are a few factors at play that could complicate your commercial truck accident claim. 

Difficulty Gathering Evidence

Truck accidents require a much more in-depth examination of evidence to prove a case. Many of the pieces of evidence are difficult to obtain due to the trucking company’s ownership of them. Pieces of evidence your truck accident lawyer may need to gather include:

  • Driver logbooks
  • Black box information 
  • Driver history
  • Truck maintenance records
  • The driver’s blood alcohol content (BAC) results and other drug testing results 

Insurance with High Policy Limits

Commercial trucking companies are often required by law to maintain insurance with higher policy limits than a standard passenger vehicle. Given the higher policy limits, accident victims may be able to obtain larger awards for injuries that are more catastrophic than those sustained in an everyday car accident. 

Some cases involve multiple insurance policies and every one of them comes with an adjuster that is doing everything in their power to reduce the value of the claim. 

Federal Regulations

Because commercial trucks need to comply with a wide array of Federal Motor Carrier Safety Administration regulations, your truck accident lawyer will need to determine if a federal law was violated in the course of the accident. 

A common example of a violation is when a driver goes over the limit on the number of hours they can drive in one day or week. Or, if the truck was not maintained properly according to federal regulations, this violation could be useful in helping to prove negligence. 

Various Parties May Be Liable for a Truck Accident in Colorado

In a standard passenger vehicle accident, establishing negligence and proving that one party was at fault may be easy. However, in a truck accident, there could be multiple parties at fault for the accident. When more than one party is found to have been negligent, it can complicate the claims process. 

However, an experienced truck accident lawyer will be able to investigate each party and determine how they were at fault. 

These are some of the parties that could be found liable for the accident:

  • Truck driver
  • Truck owner
  • Trucking company
  • Truck parts manufacturer
  • Cargo loading company
  • Shipping agency
  • Government entities 
  • A third driver involved in the accident
  • Truck maintenance company 

When there are this many parties that could be potentially involved, truck accident claims can get complicated quickly. Each party may try to pass the blame for the accident onto the next. Rely on your lawyer to investigate the truth and find out which parties were behind your accident.  

You need an experienced truck accident lawyer who is familiar with not only establishing the elements of negligence in a truck accident but is also aware of the complications that can arise in a truck accident claim. 

Contact Our Colorado Truck Accident Lawyers Today

Colorado Injury Lawyers handles various types of commercial trucking accidents and has helped victims recover more than $31 million in damages. We know how to help truck accident victims get the compensation they deserve.

Our combined decades of experience, considerable resources, and fearlessness when going up against trucking companies and their insurance companies make us the ideal law firm to partner with during your time of need. Contact us online to schedule a free, no-obligation consultation to speak with a qualified, experienced truck accident lawyer today.