Ogborn Mihm LLP
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Denver, CO 80203
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Any type of vehicular accident can be deadly, but the difference in size and weight of a semi-truck compared to a passenger car raises the risk of a fatal crash. The damage sustained in a truck accident can be catastrophic and these cases often settle for hundreds of thousands of dollars. You have a right to collect compensation for your damages when a negligent truck driver causes an accident. Contact a Denver truck accident lawyer at Ogborn Mihm LLP for help.
Your ability to file a truck accident case begins with determining who was at fault for the accident. Typically, the truck driver will be liable, but due to a legal concept known as vicarious liability, the trucking company that employs the driver may be liable for its employee’s actions. It is likely that the trucking company will have a higher insurance policy to cover your claim, but it means that you will most likely have to negotiate with an experienced legal team to recover a fair settlement. A maintenance company or manufacturer may also be liable for your accident if the accident was the result of faulty maintenance or a defective part.
Evidence proving negligence is critical to bringing a valid case for compensation. Truck accident evidence includes the basics for vehicle accidents such as photos of the scene, eyewitness testimony, and police reports, but also includes some unique documentation. You will likely need the driver’s record of duty logs, employment records, post-accident drug and alcohol test results, and, in some cases, the truck maintenance records.
A unique element of truck accident cases is the time limits. As with any personal injury case in Colorado, you have two years to file your claim starting from the date of the accident.
However, months after the accident, the trucking company has the right to destroy many of its records. To avoid this, a Denver truck accident attorney can send a spoliation letter in order to preserve this evidence.
Trucking accidents often result in catastrophic, disabling injuries. Therefore, your damages may include such things as compensation for permanent disability, loss of enjoyment of life, and permanent work loss. The types of injuries that may result from a serious truck accident can include:
In order to have the right to bring a case, you must present evidence that the truck driver or company was at least 51 percent at fault for the accident. When you file your case with the trucking company’s insurance, an adjuster will likely ask you to give a recorded statement. It is best to decline this request, as going on record about the accident could lead to you accidentally diminishing your case’s value. If the trucking company will not agree to a fair settlement, you can take the case to a Colorado County Court or District Court.
Truck accidents can be devastating and you should be focusing on recovering from your injuries, not on fighting the trucking company’s attorneys. Leave that to a Denver truck accident attorney at Ogborn Mihm LLP.