When auto accidents involve a large commercial truck, the results can be devastating for those involved. The Aurora truck accident lawyers at Lee, Myers & O’Connell, LLP have helped countless accident victims hold truck drivers, trucking companies, and other entities accountable when their conduct has caused serious injuries. Our experienced attorneys are not afraid to challenge powerful trucking companies and their insurance companies.
If you’ve recently been injured in an accident involving a large commercial truck, we will fight to get you the compensation you deserve so that you can focus on recovering from the harm that you have suffered. You don’t have to navigate the legal and financial challenges that you’re facing alone. Contact Lee, Myers & O’Connell, LLP today for a risk-free consultation with one of our experienced truck accident attorneys to learn more about your rights and options.
Do You Have Grounds to File a Truck Accident Lawsuit?
If you’ve been injured in an accident involving a commercial truck and you believe that another’s negligence, recklessness, or intentionally dangerous behavior caused or contributed to the cause(s) of your accident, you may have grounds upon which to file legal action. In the state of Colorado, injury victims can pursue compensation from an at-fault party after an accident as long as the victims themselves are not more than 50 percent at-fault for the accident. This means that you may be entitled to significant compensation, even if you were partially to blame for the wreck that caused your injuries.
To get a stronger sense of whether pursuing legal action is worth your time and effort, given the unique nature of your circumstances, call us or reach out online today. An Aurora truck accident attorney at Lee, Myers & O’Connell, LLP can review your case and provide you with personalized legal guidance that will allow you to make informed decisions about your next steps.
Benefits of Working with an Aurora Truck Accident Lawyer
It can be challenging to pursue a truck accident claim on your own. First, after an accident, you are still recovering from your injuries, which can be physically, mentally, and emotionally taxing. The last thing you need is the additional burden of trying to construct a successful legal case. An Aurora truck accident lawyer at Lee, Myers & O’Connell, LLP can handle your claim for you so that you can focus on your recovery.
Second, truck drivers and their employers often hire aggressive attorneys and stingy insurance companies who do their best to avoid liability and pay out as little as possible after an accident. Oftentimes, insurance companies pressure accident victims to take a settlement, even though the amount offered is woefully inadequate to compensate for the victim’s injuries, pain, and suffering.
Third, truck accident cases are incredibly complex. It takes a skilled attorney to know how to investigate a truck accident, collect necessary evidence, prove fault, and successfully pursue fair compensation on behalf of an accident victim. Fortunately, the truck accident attorneys at Lee, Myers & O’Connell, LLP are highly experienced in these complicated cases and are ready to assist you with yours.
Potential Compensation for an Aurora Truck Accident Case
After a truck accident, victims are often left grappling with significant medical bills, ongoing healthcare needs, lost wages from time missed at work, and other repercussions that may last for years on end. If you’re entitled to compensation, you won’t have to manage these costs on your own. You can potentially recover compensation, or damages, from an at-fault party for:
- Hospital bills
- Rehabilitative costs, such as physical therapy
- Medical devices or equipment
- Lost wages
- Property losses, such as car repairs or replacement
- Pain and suffering
- Mental anguish
- Diminished earning capacity in the future due to your injuries
- Loss of enjoyment of life
Common Causes and Types of Big Rig Wrecks in Aurora
Operating a big rig is not easy. It requires focus, clarity, attentiveness, and meticulous logging of all manner of things, including driving hours, sleeping hours, inspections, and more. For trucking companies, broader operations require thorough hiring practices, good record-keeping, effective training programs, and consistent maintenance.
If any entity involved fails to exercise adequate care and caution, accidents can happen. Common causes of truck accidents in Aurora include:
- Driver fatigue
- Driving under the influence of drugs or alcohol
- Distracted driving
- Inexperienced or inadequately trained drivers
- Unethical trucking company practices and policies
- Poor weather or road conditions
- Part malfunction or failure, such as brake failure or tire blowout
- Improper or inadequate maintenance
- Following too closely
- Not checking blind spots
- Unsecured or imbalanced cargo loads
Who Could Be Liable for a Truck Accident in Aurora?
The trucking industry is multi-dimensional, with many entities working together to move goods from a seemingly infinite number of “point A to point B” combinations. If any of these entities fail to perform their duties with care, and their negligence, recklessness, or intentionally harmful conduct ultimately leads to an accident on the roadway, that entity could be held liable for injuries caused by the accident. Entitles that may potentially be held liable for a truck crash may include (but are not limited to):
- Truck drivers – Driver error is often the cause of truck accidents. For example, if a truck driver was distracted by texting while driving and causes an accident, the driver could be held liable for any injuries that result.
- Trucking companies – A trucking company can potentially be held liable for the actions of its employees. For example, if a company inadequately trained or improperly vetted a driver, and that driver gets in an accident that hurts others, the company can be held liable for the accident.
- Truck maintenance companies – Federal law mandates trucks must be periodically inspected, repaired, and maintained by qualified professionals. If a truck maintainer fails to properly inspect or maintain the truck, the maintainer could be liable for an accident caused by a malfunctioning part that should have been inspected and repaired.
- Truck part manufacturers– Sometimes, a part itself is defective or damaged. If a manufacturer knowingly allowed defective parts to be used on a truck that is involved in an accident, the manufacturer could be held liable for injuries caused by the wreck.
- Other drivers – The actions of other drivers can also cause truck accidents. Because of their size and weight, commercial trucks take more time and space to stop, turn, and avoid obstacles. When drivers take abrupt actions, it may be impossible for a truck driver to avoid a collision. Consider an example: A passenger car driver is distracted and must slam on the brakes to avoid hitting an obstacle in the roadway. A truck driver behind them cannot stop in time, swerves to avoid a collision, and sideswipes another passenger car, injuring that driver. In this example, the original distracted passenger car driver could be held liable.
How Is Fault Determined for a Truck Accident?
The truck accident attorneys at Lee, Myers & O’Connell, LLP are skilled investigators who understand how to prove fault. Our attorneys could immediately seek out and analyze evidence related to your case, including:
- Police officer’s accident report – A police officer who responds to the accident should make a detailed report about your crash. The report should contain important information about the other drivers and vehicles involved and other potentially influential factors such as weather and road conditions.
- Photos and videos of the accident – These may include your own photos and videos of the accident, traffic camera footage, or surveillance footage from nearby businesses and homes.
- Eyewitness accounts of what happened – Other drivers or bystanders who witnessed the accident can be helpful in recreating what happened and who might be at fault for the accident.
- Event data recorder (EDR) or electronic logging device (ELD) data – According to federal law, all trucks are equipped with these devices, which track data on truck’s activities, including hours driven, speed, etc. This data can prove critical in a truck accident case.
Why Truck Accident Cases Are Usually Complex
Truck accident cases are usually quite complex for a number of reasons. First, truck accidents typically involve more severe injuries because of the sheer size and weight of tractor trailers. A truck that is 80,000 pounds and 80 feet long is going to cause a lot of damage when it comes to a sudden stop. Addressing all of the damage caused by a wreck involving a large truck can take a great deal of skill and effort.
Second, when a truck gets in an accident, there are many “players” involved in the aftermath. An injury victim may be forced to deal with the driver, their employer, the employer’s insurance company, the truck manufacturer, the cargo loader, and perhaps other entities that were involved at some point in the driver’s journey.
Third, truck drivers and trucking companies must follow a web of federal and state laws. It takes an experienced truck accident attorney to know which laws are applicable to a particular accident and how to prove that a particular law was violated.
Statute of Limitations on Colorado Truck Accident Lawsuits
According to Colorado’s statute of limitations, an injury victim has three years from the date of the truck accident to file a personal injury lawsuit.
Even though you have three years to file a lawsuit in the wake of your accident, you’ll still want to connect with a lawyer immediately. It takes time to hire an attorney, investigate the accident, collect the proper paperwork, and file the lawsuit with the appropriate court. Furthermore, the longer you wait, the harder it will be to collect evidence that can impact your case. For example, eyewitnesses can be hard to track down, and nearby businesses that caught the accident on their surveillance cameras might retain that footage for just a few months.
Our Aurora Truck Accident Lawyers Are Ready to Review Your Case
If you have been injured in a truck accident in Aurora, the experienced attorneys at Lee, Myers & O’Connell, LLP are ready to review your case and provide you with personalized professional guidance. Contact our Aurora truck accident lawyers today to learn more about how we can help.