Navigating the aftermath of an accident with a big rig in Colorado can feel overwhelming, especially when you’re grappling with injuries, financial uncertainties, and the daunting task of legal proceedings.
Each year, countless Coloradans find themselves in this exact scenario, facing not only the physical repercussions of semi-truck accident injuries but also the stress of mounting medical bills and potential loss of income.
During this critical time, the guidance and support of a Colorado Springs personal injury attorney specializing in truck accidents can have a significant impact in the recovery journey. This blog will instruct you about what to do immediately after a tractor-trailer accident in Colorado, the importance of seeking medical treatment, and the types of compensation you may be entitled to claim. We will also explain the nuances of determining liability in truck accidents, the potential challenges you might face from trucking companies and their insurance companies, and the significance of the Colorado truck accident statute of limitations.
Steps to Take Immediately After an Accident With a Big Rig
Three vital steps to take immediately after you have been involved in an accident with a big rig are:
Ensure Safety and Check for Injuries
Your priority should be safety. If possible, move your vehicle to the shoulder of the road to avoid further collisions and turn on your hazard lights.
Check yourself and any passengers for injuries. Common injuries from truck accidents include cuts, whiplash, fractures, and more severe conditions such as spinal cord or head injuries. Even if the injuries are not apparent, seeking a medical evaluation is crucial, as some symptoms may delay in presentation.
Call the Authorities
Second, call 911 to ensure that law enforcement and medical help are on the way. Colorado law requires reporting all accidents with semi-trucks, especially if these involve injuries or significant property damage.
The arriving officers will create an accident report detailing the circumstances and scene of the accident, which is vital for any future legal claims.
Gather Evidence and Information
Third, if it is safe to do so, begin collecting evidence from the scene.
Photograph the vehicles, road conditions, and any visible injuries. Note details such as the trucking company’s name and the truck driver’s information.
Also, gather contact information from witnesses. This information can be invaluable for your truck accident lawyer in building a solid case for your compensation claims.
Seeking Medical Attention
After being involved in an accident with a big rig in Colorado, prioritizing your health and well-being is crucial. By seeking medical attention, even if you do not think you are injured, you place yourself in the best position to obtain the compensation you need to recover.
Common Injuries in Truck Accidents
Truck accidents can result in various injuries, from minor to life-altering. Some of the most common injuries from an accident with a big rig include Traumatic Brain Injuries (TBI), Spinal Cord Injuries (SCI), whiplash, fractures, internal injuries, and psychological trauma such as Post-Traumatic Stress Disorder (PTSD). The seriousness of these injuries may vary, but they all necessitate immediate and thorough medical evaluation to ensure proper treatment and documentation.
Importance of Medical Records
Following any automobile accident, the at-fault party’s insurance company will want to review your accident-related medical records to evaluate your injury claim.
However, recent rulings by the Colorado Supreme Court, such as Alcon v. Spicer, emphasize that an injured individual’s non-incident-related medical records should remain confidential. This means you are only required to disclose medical records directly related to the injuries sustained from the accident.
Protect your personal medical information by refusing to sign a blanket medical release authorization for insurance companies.
Long-Term Medical Considerations
Seeking immediate medical attention following an accident with a big rig is not only critical for your health but is also a fundamental step to protect your rights andr compens make sure you receive maximum compensation.
The impact of an accident with a big rig can extend far beyond immediate injuries, often requiring long-term medical care. This may include ongoing treatments, surgeries, rehabilitation, and therapy.
Keeping detailed records of all medical treatments, scans, bills, and receipts is vital for your case. Additionally, developing an accident diary to document the ancillary effects of your injuries, such as emotional strain or sleeplessness. These side-effects of your accident can further support your personal injury claim, and ensure you receive the maximum compensation for both physical and mental health challenges.
Compensation You Can Claim
After an accident with a big rig in Colorado, the financial strain of medical bills, lost wages, and the impact on your family and future can be overwhelming. Here are the types of compensation you may be eligible for that can help alleviate these burdens.
Medical Expenses
Medical expenses are the first expenses you can claim after an accident with a semi-truck. However, documentation is essential to receive these expenses.
Related: The Importance of Medical Evidence in Personal Injury Cases
Lost Wages
Given the likelihood of serious injury after an accident with a big rig, you may receive compensation for lost wages during your recovery and future earnings. To receive this compensation, you must provide proof, such as a letter from your employer or pay stubs, tax returns if self-employed, or other evidence supporting the amount you hope to recover.
Pain and Suffering
The severity of your injuries directly influences compensation for pain and suffering. This non-economic damage compensates for physical discomfort and emotional distress experienced due to the accident.
You Might Like: From Pain to Claim: Gauging Whether Your Injuries Are Serious Enough to Sue
Property Damage
In the case of an accident with a big rig, the personal property involved is usually your vehicle. The at-fault driver’s insurance should bear the cost of repairing or replacing your vehicle and provide you with a rental vehicle of a similar class to the one damaged in the accident during the repair or total loss settlement process.
If your vehicle’s value decreases because of the accident, you may receive compensation for this loss.
Determining Liability in Truck Accidents
Determining who is responsible for an accident with a big rig in Colorado is a complex process that involves understanding various factors and the roles of different parties.
Truck Driver
Any negligent actions of the truck driver are often the first objects of scrutiny. If the driver was engaged in negligent behaviors such as violating traffic laws, distracted driving, or driving under the influence, they may be held personally liable.
This includes circumstances of the driver speeding, driving recklessly, or operating the vehicle while fatigued. Documenting these circumstances while you are still on the accident scene would be best, assuming it is safe to do so.
Trucking Company
Under federal laws, trucking companies can be held responsible for the actions of their drivers, even when the driver is an independent contractor.
This means the company might be responsible if it fails to follow hiring practices and training procedures or maintain the truck in a safe condition.
Trucking companies have the legal responsibility to ensure their fleet of trucks are safe and their drivers are qualified and well-trained. If a company violates federal safety regulations or pressures drivers to ignore Hours of Service regulations, it could be held liable for resulting accidents.
Cargo Loaders
Issues with how cargo is loaded can significantly impact a truck’s stability. Overloading or improper cargo distribution can lead to accidents.
If a cargo loading company fails to adhere to safety standards regarding weight limits and securement, it might be responsible for an accident with a big rig.
This includes scenarios where cargo shifts during transit or is not appropriately secured, leading to loss of control or cargo falling from the truck.
Maintenance Providers
The condition of the truck at the time of the accident is also a critical factor in determining liability for accidents with a big-rig.
If a maintenance provider performed negligent repairs or failed to identify mechanical problems during routine checks, they could be liable for your damages. This includes using defective parts or instances when inspections did not meet the required safety standards.
Each of these parties may have contributed to the accident, and understanding their involvement is critical to building a solid case for compensation.
Potential Challenges in Truck Accident Cases
In the aftermath of an accident with a big rig in Colorado, you face a complex legal landscape. This complexity is due to several factors, including dealing with multiple liable parties and navigating intricate regulations governing the trucking industry. Understanding these challenges is crucial for anyone seeking atonement for injuries, medical bills, and lost income.
Dealing with Multiple Liable Parties
As noted above, unlike typical car accidents, truck accidents often involve several parties. Identifying all liable parties is a task that requires the expertise of a skilled semi-truck accident lawyer.
Once the parties are identified, the task turns to assigning the percentage of liability to each party.
Navigating Trucking Regulations
Both the state of Colorado and the federal government heavily regulate the trucking industry for safety reasons.
The purpose of these regulations is to mitigate the risks associated with commercial trucking operations. Violations can lead to serious accidents, and proving such violations can be a powerful argument in establishing negligence.
However, understanding and proving non-compliance requires a thorough knowledge of these laws, emphasizing the importance of consulting with a Colorado truck accident lawyer experienced in this field.
Consulting with a Colorado Truck Accident Attorney
After an accident with a big rig in Colorado, you might feel overwhelmed by the pain, financial stress, and the complex legal landscape that lies ahead. It’s crucial to seek the guidance of a competent truck accident lawyer who can navigate you through this challenging time.
Hiring a Colorado Springs personal injury attorney who specializes in truck accidents provides you with several key advantages:
Expertise in Truck Accident Law: A truck accident lawyer’s expertise is essential for understanding the intricate regulations that apply to commercial vehicle accidents. This experience is crucial for building a strong case.
Guidance Through Legal Processes: They provide invaluable guidance, advocate on your behalf and work diligently to get you compensation for your injuries, losses, and suffering. From the initial investigation to gathering evidence, identifying liable parties, and determining the extent of the damages, they’re with you every step of the way.
Negotiation with Insurance Companies: Experienced in negotiating with insurance companies, truck accident lawyers ensure you’re not settling for less than you deserve. They know insurance companies’ tactics to minimize claims and are equipped to counteract these strategies.
Access to Resources: Your lawyer has an established network of professionals, including accident reconstructionists, medical experts, and investigators, whose expertise can significantly strengthen your case.
Representation in Court: If necessary, your lawyer will represent you in court, fighting tirelessly to protect your rights and get you the justice you need to move on. They will handle all legal proceedings, allowing you to focus on your recovery.
King and Beaty: Your Strong Advocate After an Accident With a Big Rig
Dealing with the aftermath of any car accident can be overwhelming, but when that accident is with a big rig, the potential for complications increases exponentially. Don’t make the mistake of fighting Big Brother trucking companies and their insurers on your own. They do this every day and will do everything in their power to devalue your claim.
The semi-truck accident lawyers at King & Beaty LLC are experts in dissecting the complications of accidents with big rigs, tenaciously advocating for the rights of Colorado Springs injury victims and ensuring they receive maximum compensation.
Put our expertise to work for you by scheduling your free consultation and case assessment today.
