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A truck accident can be a major catastrophe that significantly affects your life. Collisions involving large trucks can inflict severe injuries, emotional trauma and property damage. Understanding your legal rights is important if you wish to move forward from a truck accident with the justice and financial compensation you deserve. Recovery begins with knowing what steps to take after your crash. Our experienced truck accident attorney in Denver is prepared to assist with your case.
Stay in your vehicle until it is safe to exit. If possible, move your disabled vehicle to the shoulder of the road to prevent further collisions. Put your hazard or emergency lights on. Check yourself and others in your car for injuries. If anyone is injured, request paramedics immediately. Get medical care without delay, even if you initially feel uninjured. Many injuries come with delayed or hidden symptoms.
Call 911 from the scene to report the accident. Trucking accidents should always be reported to law enforcement, as they most likely meet Colorado’s reporting requirements (if a crash causes injuries, deaths or more than $1,000 of property damage).
Crash reporting can result in a police report that details your accident and can be used as evidence during your insurance claim. When the police arrive, ensure they record your side of the story. Write down your police report number so that you can call the precinct and request a copy later.
Talk to the driver of the big rig to exchange names, contact details and insurance information. Write down the name of the trucking company, the truck number, the vehicle identification number (VIN) and its license plate numbers. Do not apologize to the truck driver or admit any fault for the collision.
While you’re still at the scene of the truck accident, do your best to gather evidence. As an injured victim, you are in the position of having to prove your claim. This typically means demonstrating that the truck driver, trucking company or another party was negligent, or failed to act with reasonable care, and that this caused your semi-truck accident.
At the scene, try to collect the following:
Tracking cases involve unique types of evidence compared to standard car crashes in Colorado. You may need an attorney to help you get this evidence, which can include the truck’s black box information, data from electronic logging devices, trucking company maintenance and employment records, federal safety compliance history, the truck driver’s cell phone records, and the truck driver’s medical and driving histories.
Get your car towed to the nearest auto mechanic or one recommended by your car insurance provider. You need a professional repair estimate to submit as evidence during your insurance claim. Follow your insurance provider’s instructions for obtaining this appraisal.
Do not let the body shop begin working on your vehicle until you’ve spoken to your insurer and an attorney. Your payout for property damage will depend on how much it will cost to repair the damage or replace a vehicle that is deemed a “total loss.” Our Denver car accident lawyer is prepared to take on your case and fight to ensure you are fairly compensated for any damages and injuries sustained in the wreck.
First, contact your own car insurance company to report the truck accident. Again, don’t admit fault. Once you’ve seen a doctor and understand the extent of your injuries, contact the trucking company to begin your insurance claim. In Colorado, the party at fault for a truck accident is responsible for paying (liable). You can file a claim with their insurance provider in pursuit of compensation for your losses.
It may be tempting to quickly accept the first settlement offered to you by an insurance provider, but this is generally not in your best interest. Initial offers are intentionally set low in an effort to protect the insurance company. Do not accept a settlement or sign any documents sent to you by the insurer before seeking guidance from a truck accident lawyer.
Keep in mind during conversations with insurance representatives that they do not work for you. They work for the insurance company, where it is their job to save as much money as possible on your payout. Even if the adjuster sounds friendly, don’t give away too much information, admit fault or agree to give them a recorded statement. These mistakes could hurt your claim.
Hiring an attorney is the most effective way to get the case results that you deserve without taking on the stress of the legal process. An attorney will have the experience and resources to go up against a powerful adversary, such as a trucking company and its insurance provider, on your behalf. You can trust your lawyer to negotiate for the greatest possible settlement or bring your case to trial, if necessary for fair results. A lawyer will not allow anyone to take advantage of you during the recovery process.
Trucking companies have rapid response teams that they send immediately to the scenes of trucking accidents. These teams include investigators, medics and evidence collectors. Their goals are to gather evidence as quickly as possible, and to instruct the truck driver on what to say and not to say.
Although a rapid response team is not allowed to interfere with an investigation or remove or destroy evidence, this sometimes happens anyway. Protect yourself by hiring a truck accident attorney in Denver as soon as possible to preserve evidence on your behalf
It is also important to act quickly to avoid missing the statute of limitations, or Colorado’s deadline for filing a personal injury claim. According to Colorado Revised Statutes § 13-80-102, this deadline is three years for automobile accidents, with a few exceptions. Consulting an attorney early on can ensure that you do not miss your deadline or lose the right to hold someone responsible.
If you need guidance after a truck accident in Colorado, don’t hesitate to contact Fang Accident Lawyers. We offer initial case consultations, where you can speak directly with an attorney and receive personalized advice at no cost or obligation to hire us.