Who Is Liable After a Truck Accident?

A commercial truck accident can result in significant injuries and losses, particularly to those in the smaller vehicle. If you get injured in a serious truck accident in Colorado, it is important to understand the laws of liability that apply to your case. Determining who is liable, or financially responsible, for your crash can help you take the right steps toward recovery.

Is Colorado a Fault or No-Fault State?

The first question of liability is whether the truck accident occurred in a fault or no-fault state. Like the majority of states, Colorado abides by a fault-based law. This car insurance system holds the person or party at fault for causing a collision liable for the victim’s losses. This means that after a trucking accident, you have the right to hold the party responsible for causing the crash liable for your medical bills and property repairs.

Who Is Responsible for a Truck Accident in Colorado?

The next step is determining who or what caused your truck accident. Liability in a truck accident case can be complicated, as these accidents involve more than just two motor vehicle drivers. Many parties are involved in the operation of a big rig, including:

• A trucking company: safety infractions such as negligent truck driver hiring and training procedures, overscheduling, ignoring truck maintenance requirements, and violating federal laws can make the company responsible for a truck accident.
• A truck driver: dangerous driver errors such as speeding, distracted driving, drowsy driving, driving under the influence, following others too closely, using the incorrect braking methods and breaking traffic laws can point to driver liability.
• A cargo company: if issues related to cargo caused the accident, such as a spilled cargo load or imbalanced truck, the entity responsible for loading and securing the cargo onto the truck could be held responsible.

Truck accident cases in Colorado can also involve government entities, maintenance and repair companies, product manufacturers, and other drivers. You may need assistance from a truck accident attorney in Denver to name the liable party or parties in your accident claim.

Proving Liability in a Truck Accident Case

Unlike a Denver car accident case, a truck accident often involves multiple parties. Also unlike a car accident, truck accident cases may involve unique forms of evidence. As the plaintiff or filing party in a truck accident claim, it is your burden to prove your claim. You must establish using clear and convincing evidence that the defendant(s) is liable.

Proving liability may require evidence such as:

• The truck’s black box 
• A police report 
• Crash records from the company or truck driver 
• The truck driver’s medical history 
• Eyewitness statements 
• Photographs and videos 
• Truck maintenance and repair records 
• Cell phone records 
• Federal compliance history
• Evidence from the crash scene
• Expert testimony

The burden of proof is a preponderance of the evidence, or more likely to be true than not true. A personal injury attorney in Denver can help you meet your burden of proof by collecting compelling evidence against the defendant on your behalf. This includes hiring qualified experts, if necessary.

How Can a Truck Accident Attorney Help?

Hiring a truck accident attorney in Denver can allow you to protect your rights with a strong and personalized legal strategy. Your lawyer will protect your best interests and fight to bring the responsible party or parties to justice. To discuss a specific case in detail, request a free consultation with a Denver personal injury attorney at Fang Accident Lawyers.