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Recovering physically, emotionally and financially from a truck accident is already difficult enough without a complication such as a truck driver with no insurance. If you find out that your accident involves an uninsured truck driver, discuss what legal recourse you may still have available with an experienced truck accident attorney in Denver.
Commercial trucks are classified as “common carriers.” As such, they are subject to federal motor carrier laws in addition to Colorado state laws. In Colorado, truck drivers must carry commercial auto insurance policies with at least $25,000 per person and $50,000 per accident in bodily injury coverage, plus $15,000 for property damage.
If a truck driver operates a large truck over state lines, however, the driver must comply with federal insurance requirements. Currently, federal law requires $750,000 to $5,000,000 in commercial truck insurance, depending on what is being transported and the weight of the truck. Vehicles transporting hazardous goods have higher limits.
Unfortunately, despite it being a violation of state and federal law, some truck drivers operate their 18-wheelers without adequate insurance. If you get into a collision with one of these uninsured drivers, you may still have options for making a financial recovery.
First, you can contact your own car insurance provider to find out if you have uninsured or underinsured motorist coverage. These are optional types of coverage in Colorado that can provide financial compensation to you in the event that you are injured by an uninsured driver, including a truck driver.
In many cases, federal law holds a trucking company responsible for accidents involving their trucks and drivers, even if the driver is an independent contractor. In this situation, you may qualify for financial compensation from the commercial insurance policy maintained by the trucking company. You or your attorney will have to demonstrate that the accident was caused by the company or its driver to qualify.
Uninsured does not mean not at fault for a truck accident in Colorado. If the truck driver has no insurance, you may still be able to file a lawsuit against the individual in pursuit of compensation directly from his or her personal assets. You may also have the right to bring a lawsuit against the trucking company or employer for their uninsured truck driver through the rule of vicarious liability.
There are several reasons why a truck driver may not have insurance, from accidentally missing a payment to deliberately violating the law to save money. Regardless of the reason, you may still be entitled to financial compensation through other outlets.
Start your case by contacting the police at the scene of the accident to report the uninsured truck driver. Gather as much evidence as you can, including information about the truck driver, photos of the crash scene and witness information.
When you discover that the at-fault truck driver does not have insurance, contact and schedule a free consultation with a personal injury lawyer in Denver. A truck accident lawyer can explore your legal options and help you pursue maximum financial compensation through all available sources. This includes taking your case to trial, if necessary.