Proving a Truck Driver Was Negligent in Denver

If you get hurt in a traffic accident involving a large truck in Denver, you will have the task of proving that the truck driver was negligent, or failed to act with proper care, and that this is what caused the collision. In Colorado, proving fault is necessary to recover financial compensation from the truck driver or trucking company under the state’s fault law. A knowledgable Denver truck accident lawyer can be an invaluable asset as you navigate the complex claims process after a preventable wreck.

What Is Negligence?

In Denver personal injury law, negligence is the failure to take proper care in doing something. It refers to an act or omission that a reasonable and prudent person would not have made in the same or similar circumstances. In a truck accident claim, the filing party or plaintiff has the burden of proving that the defendant (accused party) was negligent and caused the crash.

Negligence is broken down into four elements:

1. Duty of care owed
2. Duty of care breached
3. Causation for the truck accident
4. Damages (losses) suffered by the victim

A duty of care is an obligation to exercise the expected level of care; for example, a truck driver is expected to obey traffic laws and properly control a big rig in a way that prevents accidents. If there is evidence of a breach or violation of this duty of care in connection with the trucking collision, the victim can qualify for financial compensation from the defendant.

Common Examples of Truck Driver Negligence

Truck drivers can engage in many examples of negligence that increase the odds of a truck accident in Denver. Unlike typical motor vehicle drivers, truck drivers must carry commercial licenses and go through special training before operating big rigs. They must also follow federal safety laws.

Examples of negligence that can result in truck accidents include:

• Speeding
• Driving while intoxicated
• Distracted driving/texting while driving
• Drowsy driving
• Violating hours-of-service rules
• Reckless driving
• Following too closely (tailgating)
• Breaking traffic laws
• Failing to yield the right-of-way
• Making unsafe lane changes

Truck drivers have a legal duty to operate their commercial vehicles safely and obey all laws and regulations that apply to them, including rules under the Federal Motor Carrier Safety Administration. Anything that falls short of this duty of care can be proof of negligence to support a truck accident claim in Denver.

What Evidence Can Establish Truck Driver Negligence?

The success of a truck accident claim depends on the strength of the evidence provided by the plaintiff. As an injured victim, you may be able to take steps to gather evidence while you are still at the scene of the crash, as well as shortly after the collision occurs.

Many types of evidence may be available to prove truck driver negligence, such as:

• Police accident report
• Trucking company files and records
• Electronic logging device information
• The truck’s black box
• Truck driver driving and employment histories
• Truck driver medical records
• Federal compliance history
• Cell phone records
• Eyewitness statements
• Expert testimony
• Truck company training and hiring policies
• Photographs at the scene
• Surveillance or traffic video footage

You have the right to hire a truck accident attorney to help you preserve, collect and present evidence to prove your truck accident claim. An attorney can subpoena records, interview witnesses and hire experts on your behalf to build the strongest possible claim against a negligent truck driver.

To schedule a free case consultation with a local truck accident lawyer in Denver, contact Fang Accident Lawyers.