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If you or a loved one has been injured in a trucking accident, you may be entitled to damages from the driver, trucking company or insurance companies. Don’t let the at fault party walk if you have been injured, make sure to have an experienced Colorado Springs truck accident attorney at Rector Stuzynski Law Firm handle your case to ensure you receive fair compensation for your injuries from your commercial trucking accident, whether you were the driver of the truck or another driver on the road struck by a trucker.
Many commercial semi-trucks are carrying very heavy loads of 50,000+ pounds and when they are involved in accidents, it can do extensive damage to vehicles as well as bodily harm such as serious injuries or even death. Our truck crash lawyers take pride in being able to help the victims get a fair payout for the damages that were done, whether that be monetary damages or the after effects of serious injuries.
Due to the fact that semi-truck accidents usually cause a significant amount of property and physical damage, there are usually high payouts for these cases which means the trucking companies have a team of lawyers on standby ready to try and lower payout costs at every corner. Don’t let these companies take advantage of you, let Rector Stuzynski Law Firm represent you so you can make sure you aren’t letting anything slip through the cracks.
Our truck accident law firm will collect evidence, speak to eyewitnesses of the crash, evaluate the scene of the collision, check for any truck maintenance violations and even use auto accident recreation experts to determine who was at fault. This way we can build a strong, evidence backed case to present to the courts and get you the settlement you deserve.
We work on a contingency fee basis for our trucking injury claims so that our clients can know that they have experienced truck accident attorneys that are confident in their ability to get you a proper compensation package for the injuries you sustained.
Semi-trucks, also known as 18 wheelers, are large in size and carry a massive amount of weight which typically increases the amount of damage they cause during accidents as well as increase the amount and severity of bodily injuries. Some of these injuries leave the victims with long lasting debilitating effects when they are lucky enough to survive. Some of the most common injuries that truck accident victims get are:
There are many different causes of Colorado Springs trucking accidents that can lead to serious bodily injuries or even death. Some common types of issues that cause accidents are as follows:
Whether it was driver error or a reckless driver that caused your accident, we have an extremely experienced legal team and accident reconstruction experts so we can figure out exactly what happened and who was responsible.
Every year, there are over a hundred thousand commercial truck collisions across the United States. With the growing number of truck drivers on the road, there are bound to be more accidents happening as our roads become more congested. Below we will go over some of the recent truck accident statistics according to the NHTSA.
These semi truck accident statistics show just how dangerous these accidents can be and why it is extremely important that you try to avoid getting into an accident with a semi truck at all costs.
Commercial vehicles such as delivery trucks, tractor trailers and heavy equipment haulers spend a ton of time on the road and this can lead to many different points of potential mishaps for the truck drivers. These trucks sustain a lot of wear and tear from constant use, which means they need a lot more maintenance and safety checks than a typical private automobile.
Since the trucks are under such heavy stress all the time and the drivers are working long hours, there is a lot of room for accidents to happen and there are also many people who may end up being responsible such as the truck company or maintenance crews. Mechanical failures due to maintenance violations are one of the first things our attorneys look for as well as the driver log to see how long the driver had been on the road.
Current driver medical records and licensure are also a main factor in determining if the truck driver was even legal to be on the road in the first place. There are many federal regulations that commercial vehicle drivers have to adhere to like routine vehicle checks, drug tests, following trucking industry accident procedures and more. Even the slightest driver error in judgment or maintenance can mean a big payout to the victims who were injured.
Tractor trailers are also very vulnerable in high winds and on slippery roads, which sometimes leads to roll overs, jack knifing and other types of wrecks that typically end up involving numerous other vehicles due to the large size of the commercial truck. Especially with the winding mountain roads and snow covered hills that our truckers in Colorado have to face on a regular basis.
If you were involved in an accident with a commercial trucker, you’ll need to know the specifics on whether you have a legitimate truck accident claim so you can pursue compensation for your injuries. If the trucker acted negligently and because of that negligence, ended up causing the crash in question, then you likely have a valid case. To be more specific, there needs to be a few steps present for valid injury claims.
The Duty Of Care is the first thing to consider. This is a duty to your peers that requires you to operate in a safe manner in order to keep other people safe. For truck accidents, this means that the truck driver has a responsibility to follow the local laws and ordinances regarding commercial truck driving. Regular inspections, all the necessary safety equipment, only driving in a safe manner, not driving while tired or intoxicated and the list goes on.
Once the Duty Of Care is established, there needs to be a provable breach of this duty. Meaning the truck driver fell asleep at the wheel, was driving at unsafe speeds, didn’t have the required safety inspections or other events that led to the incident happening.
Next, there is the causation which shows that the negligent actions of the truck driver specifically led to the crash happening. Without those negligent actions, the accident would not have occurred which is a major part of the case as fluke accidents and things that were outside of the drivers control that caused the wreck are not grounds for injury claims.
Lastly, there needs to be a compensable amount of damages that were done, whether those damages were economic or non-economic. To be more specific, this can be damages such as property damages, medical expenses, permanent and non-permanent injuries, pain and suffering, lost wages and much more.
Every semi-truck accident claim is slightly different. Some are pretty straightforward with easy to identify liability and insurance companies that are willing to pay up for their mistakes and other cases are not easy to identify who were the responsible parties or why the accident happened. There are so many different factors that can affect the length of time from filing a truck accident claim to final settlement, so let’s take a look at some of the most important factors.
First is proving liability. If both sides can’t agree on who was liable for the accident and both parties are trying to place blame on the other person, this can stretch the timeline out much longer than in some cases. This can mean weeks of going back and forth establishing fault or even going to trial eventually if both parties can’t come to an agreement.
Second is the insurance companies or the truck company that could be liable. Sometimes insurance companies don’t want to pay up when the compensation package is too high or they think they can get away with paying less, so they have insurance adjusters deny everything and battle you until they get a favorable outcome. This can drag the claim out for a very long time and potentially turn the claim into a trial.
If your case is easy to prove liability and your compensation request is reasonable, then most likely your claim will be able to be settled quickly, without a lot of issues, but every now and then you have to deal with the issues we mentioned above and it can drag your Colorado Springs trucking accident claim out over months or longer if the opposing party is particularly hard headed about settling.
In truck accident injury claims, the Colorado statute of limitations lets you have up to 3 years from the date of the accident to file a claim against the at-fault party. So if you are approaching that 3 year mark and are considering filing a claim, speak to one of our attorneys right away so you don’t miss your chance. We do recommend filing before the deadline though for a few reasons.
Waiting for years to file a claim makes it harder for your attorney to collect valuable evidence, such as witness testimony as the memories of the incident are not top of mind for them anymore. Getting witness statements soon after the accident will help us extract all of the important details from them before they forget, which can be very advantageous to your claim.
Other evidence such as photos, videos, accident scenes and more can also be lost over time if they aren’t backed up, or road work can completely change the scene of the accident, so make sure that you get all of the evidence you can as soon as possible, even if you are going to wait to file. It’s always a good idea to consult with your attorney and figure out when the best time to file is.
When you decide to work with Rector Stuzynski Law Firm, you are choosing to work with very experienced truck accident lawyers who have been winning cases for decades. Our clients love us because we handle everything for them, while keeping you informed of every step of the process throughout the entire settlement process and pursuing maximum compensation for your injuries.
We advise truck accident victims on best strategies for their case, gather evidence, reconstruct the accidents with expert witnesses, prepare all of the necessary documents for a successful settlement, send out demand letters, negotiate with the opposing parties and fight for you at trial if it comes to that.
Our truck accident lawyers have tons of experience handling injury claims and most of the time we can get it handled outside of the courtroom because we come prepared with all the evidence we need to make your case bulletproof so the other party is forced to settle. Don’t let your injury claim get stepped on because you chose to work with a lazy attorney, contact our lawyers today for the best representation possible. You’ll see why our clients love us so much!
There is no such thing as a “typical” truck accident settlement as each case is different. In cases where the injuries were extensive and potentially have lifelong effects on the person’s life, the settlement amounts can become multiple hundreds of thousands of dollars or even millions if you have an experienced attorney that knows how to get the most out of claims. Of course there is no guarantee before your case is evaluated and investigated.
It is important to remember that every claim is slightly different, so we can’t give you specific numbers on what your claim will be worth in this article, however, we would be more than happy to give you a free consultation on your case and evaluate what your specific case could be worth.
When trying to get a ballpark estimate of what your case could be worth, here are a few of the major pieces that can be used to calculate a round number.
Monetary damages or economic damages are the easiest to calculate because they already have a number tied to them. Monetary damages from a truck accident would be things such as property damage, medical bills, therapy bills, present and future lost wages, replacement costs for any damaged items and so on.
Non-monetary costs or non-economic damages are not as easy to put a specific number on, but they are as follows: pain and suffering, semi-permanent and permanent injuries, loss of quality of life, loss of mobility, loss of consortium, mental anguish and other similar mental or physical injuries you have to deal with because of the accident.
In rare cases where the negligent parties were acting in an extremely dangerous manner, you may be able to get punitive damages as well. These are meant to punish the negligent party for willingly acting in such a dangerous manner by forcing them to pay extra to the injured party.
These compensation numbers can be tough to determine by anyone that is not well versed in personal injury law, so check out this article to learn about the average truck accident settlement amounts for a better idea of what your claim might be worth.
Due to the amount of damages that may occur when involved in a trucking accident, the list of damages you may be eligible to receive compensation for covers quite a few things.
No matter how bad your injuries or financial losses were, make sure to contact our experienced truck accident attorneys in Colorado Springs right away to ensure your injury lawsuit is being handled properly right from the start. This will avoid any possible mishaps that could affect the outcome of your truck accident lawsuit.
Most personal injury lawyers will handle injury cases such as truck accident claims on a contingency fee basis. This means that they will assess your case during your initial consultation and decide whether they think you have a valid case that is worth pursuing or not. If it seems like a case worth pursuing, then they will take the case without any upfront costs to the client and only take a fee from the settlement if they win the case for you.
Many personal injury law firms charge around 33% of the total settlement amount once they win the case. The good thing about this type of arrangement is that you don’t have to worry about paying thousands of dollars out of pocket to fight the at-fault party and potentially lose the case and lose the money you paid the truck accident attorney. Instead, you pay nothing out of pocket and only have to pay a percentage of your compensation package to the lawyer if and only if they win. This provides protection for the client in the event that the case can not be settled for whatever reason.
When a commercial trucking crash occurs, there can be numerous parties that end up being liable for the damages. It could be the driver at fault, the trucking company, shipping company, maintenance company, government entities or even the vehicle manufacturer. It all depends on what the cause of the accident was and if any parties were involved that may have caused the tractor-trailer to operate under unsafe conditions. The last part is being able to prove who was at fault for the truck accident, which can be tricky sometimes. Let’s look at some examples of who could be at fault in different situations.
The Trucking Company – The company that hired the driver of the truck involved in the accident may be liable if they did not properly train and observe their driving abilities up to federal standards. The trucking company may also be liable if proper background checks were not used.
The Driver – The driver of the truck may be liable for damages if they were driving negligently by being drowsy, on drugs, alcohol, using the truck off-duty or for personal use as well as reckless driving like speeding or unsafe maneuvers.
Third Party Driver – The driver of a personal use vehicle could also be the cause due to reckless driving, unsafe driving near commercial vehicles, speeding, distracted driving & more. Many accidents are started by a regular sized vehicle stopping quickly in front of tractor-trailers that need extra room to safely come to a stop.
No matter who was at fault, you can rely on our experienced truck accident lawyers to figure out who the liable party was and fight to get you the maximum compensation possible for your injuries.
In the event that you were partially at fault for causing the accident, you will likely have your settlement reduced by the percentage that you were at fault. This is of course as long as you were less than 50% at fault for the accident happening. If you were deemed to be 50% or more at fault for the accident, then you will not be eligible to receive a settlement because Colorado uses comparative negligence to handle personal injury claims.
So for example, let’s say that your lawyers and the other party come to an agreement that you were 30% at fault for the accident happening. The damages that were valid and agreed upon by both parties will then be reduced by 30% of the total so that you are only compensated for the amount that you were not at fault.
If you are involved in a truck accident, there are a few things that are very important to do so that we can ensure you have the proper evidence to back up your claims in court. Any legal proceedings after the initial accident should be handled by an experienced Colorado Springs trucking accident attorney.
Check Yourself & Passengers For Injuries – Make sure to check yourself for injuries right away and only leave the vehicle if you feel like you are not injured. Also, check your passengers for injuries sustained. Always check on yourself and other passengers before checking on the safety of other people involved and make sure to check that the scene of the accident is safe before getting out of the vehicle. Move slowly if you feel ok enough to get out of the car or wait for paramedics to arrive before moving if you have pain.
Take Pictures Of The Scene – Taking photos of the damages to each semi – trucks, the area the collision took place, skid marks, speed limit & traffic signage, injuries, landmarks, debris on the road and anything else that may be important. Try to do this as soon as possible so you can get clear evidence before police start to clear the scene.
Get Eyewitness Contact Information – If anyone was around to witness the accident, get their contact information before they leave so they can be interviewed for their testimony. Police will also want to talk to them to include their statements in the report of their investigation.
Talk To The Police – Answer openly and honestly to the police officer’s questions, but try not to implicate any fault of your own during the interview. Small errors such as saying “I’m sorry” or “I didn’t mean to” could end up costing you big time when you go to court. The police report will be available to you from the police station that handled the accident.
See A Medical Doctor – Go get medical attention right away, even if you only think you had small injuries. Many times, these injuries can grow worse over time and due to the adrenaline from the accident, you may have injuries that you don’t notice at the time, so make sure you get medical treatment right away. This doctor’s exam will prove very beneficial in the event that you decide to file a lawsuit in regards to the truck accident. Proper medical care is important whether you have serious injuries or not as minor injuries could turn for the worst if not evaluated by your doctor thoroughly.
Contact Our Commercial Trucking Accident Attorneys – Never try to settle anything with insurance carriers or other officials relating to the accident without the proper representation. Even the smallest hiccups in what you say to these people can mess up the outcome of your case so make sure you contact our truck accident lawyers at Rector Stuzynski Law Firm so you get a fair chance at winning your suit.
In the trucking industry, every commercial tractor trailer is equipped with a “black box” that the truck company uses to track all kinds of different information about the semi-truck. They track things from fuel efficiency to mechanical problems to whether or not the brakes were applied. This means there is a lot of data that can be used to prove fault in a semi-truck accident.
The sensors on each truck include Electronic Control Modules(ECM), Event Data Recorders(EDR), and Electronic Logging Devices(ELD). These sensors are required by the NHTSA on all commercial trucks and because of that, injury claims involving trucks come with a lot more data to examine than typical car accidents.
At Rector Stuzynski Law Firm, we have years of experience dealing with semi truck crashes and identifying the real cause of accidents by using the “black box” to our clients advantage in proving their case. Many lawyers don’t understand or even know about these devices, but we use them constantly for the clients benefit. Don’t let your case get handled by someone who doesn’t know the key details, give us a call today for a free consultation with a top rated personal injury attorney that cares about their clients and cares about getting you maximum compensation.
At Rector Stuzynski Law Firm, we specialize in cases like semi-truck and commercial vehicle accidents. We fight for our clients to receive fair and full compensation for the damages they have incurred because of the accident. Our thorough process of gathering evidence, speaking to witnesses, checking for regulatory violations and use of expert accident recreation specialists allow us to build a solid case that is backed up by hard evidence and give you the best possible chance at winning your lawsuit.
If you’re looking for the best possible legal representation in Colorado Springs, give us a call today for a free, no obligation consultation on your case.
This article was written by Michael Stuzynski of Rector Stuzynski Law Firm. Michael is a decorated personal injury attorney that has been helping Colorado Springs injury victims get compensation since 2019. With hundreds of injury settlements under his belt, he is an expert in all areas of personal injury law and litigation.
We provide legal services for personal injury and accident victims throughout the state of Colorado, but we focus on clients in these areas: Colorado Springs, Manitou Springs, Cimmaron Hills, Northeast Colorado Springs, Southeast Colorado Springs, Stratmoor, Fort Carson, Air Force Academy, East Colorado Springs, Old Colorado City, Pleasant Valley, Broadmoor, Stratton Meadows, Fountain, Northwest Colorado Springs, Gleneagle, Northgate, Briargate, Monument, Woodmoor, Black Forest, Pueblo, Canon City, Larkspur, Security-Widefield, Peyton, Falcon, Calhan, Castle Rock, Teller County, El Paso County, Elbert County, Park County, Douglas County and nearby cities.
We serve clients injured in the following zip codes: 80907, 80909, 80918, 80917, 80931, 80932, 80933, 80934, 80935, 80936, 80937, 80941, 80942, 80946, 80947, 80949, 80950, 80960, 80962, 80977 ,80995 ,80997 80901, 80912, 80904, 80915, 80905, 80910, 80923, 80922, 80919, 80920, 80916, 80939, 80914, 80951, 80924, 80927, 80938, 80906, 80840, 80829, 80902, 80809, 80841, 80911, 80908, 80929, 80819, 80921, 80925, 80132, 80926, 80913, 80863, 80817, 80831, 80133, 80930, 80860, 80814, 80813, 80118, 80106, 80928, 80866, 80816, 80808, 80104, 80116, 81008, 80864, 80135, 81240, 81007, 80109, 81290, 80107, 80108, 80425, 81215, 81221, 80117, 80827, 81212, 80134, 80835, 81003, 80131, 81226, 81001, 80138, 80125, 81002, 81009, 81010, 81011, 81012, 80124, 81244, 80126, 80820, 80130, 80163, 80433, 80129, 80833, 80112, 80832, 81025, 81005, 81223, 81006, 80470, 80127, 80122 and beyond.
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Colorado Springs, CO 80922
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