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Who Is Liable in a Truck Accident?

Name: Burg Simpson
Brand: Good Lawyers. Changing Lives
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Car Accident Lawyer|Personal Injury

January 10, 2024 | 6 min read

Determining who is liable following a collision with a commercial vehicle often requires the assistance of an experienced truck crash lawyer. At Burg Simpson, our attorneys have the background, resources, and tenacity required to establish fault and help victims get maximum compensation. Serving Denver and the Front Range for 50 years, we have helped countless families seek justice after a truck accident. We are here to review your claim, discuss your options, and help you choose the best path forward.

Truck Accident Liability FAQs

Who Is Responsible for a Truck Accident?

Multiple parties may be held liable for a truck accident because legal responsibility for the truck, the driver, and the cargo may all rest with different entities.

Responsible parties in a Colorado truck accident claim may include:

The truck driver
The trucking company
The owner of the truck or trailer
A cargo loader or shipping company
Manufacturers of defective parts and components

For example, liability may be shared if the truck driver was distracted, the rig was poorly maintained, and the trailer was overloaded.

Commercial trucking accidents are much more complicated than the average motor vehicle collision. An experienced Denver truck accident lawyer at Burg Simpson can investigate the crash, identify all responsible parties, and pursue maximum compensation on your behalf.

What If I Was Partly to Blame?

Even if you are partially at fault, you may still be entitled to compensation for a semi-truck wreck. However, any recovery will be reduced based on your share of responsibility.

Colorado uses a modified comparative negligence system. This means:

You can only recover damages if you are less than 50% at fault.
- If you are 50% or more at fault, you cannot recover any compensation.
Your damages are reduced by your percentage of fault.

For example:

Total damages: $100,000
Your percentage of fault: 10%
Total recovery: $90,000

Trucking companies and insurers often try to pass the buck and blame the victim. Burg Simpson investigates every case thoroughly so we can establish truck accident liability, build a strong case against the defendants, and anticipate insurance company tactics.

Who Can Be Sued in a Truck Accident?

Multiple parties can be named as defendants in a truck accident lawsuit if their negligence contributed to the crash.

Common defendants in Colorado truck accident lawsuits include:

Truck drivers: Speeding, distracted driving, and other forms of negligence
Commercial trucking companies: Negligent hiring, inadequate supervision, and maintenance failures
Truck/trailer owners: Improper maintenance (separate from the carrier)
Manufacturers: Defective parts and components
Cargo loaders and shippers: Overloaded or improperly secured cargo
Third-party maintenance providers: Improper inspections, maintenance, and repairs

More than one party can be sued for truck accident damages, and this is the norm in these claims. Identifying all of the defendants is crucial for maximizing your compensation. Each of these parties may carry separate insurance coverage, providing us with multiple avenues for recovering damages in your case.

At Burg Simpson, we conduct thorough investigations and gather evidence against all of the responsible parties. We also determine whether additional defendants were involved, such as careless drivers or government entities responsible for dangerous road conditions.

Are Trucking Companies Liable for Accidents?

Yes, trucking companies are often liable for crashes involving their vehicles, drivers, and cargo. In many cases, the company is the primary defendant.

Liability for the accident often rests with the trucking company because they control and direct the work of the truck driver (known as vicarious liability). Under 49 CFR § 376.12, they also assume “exclusive possession, control, and use” of leased equipment. This can support claims of vicarious liability, even if the truck driver is classified as an independent contractor.

A trucking company may also be liable for accidents arising from their own negligence, including:

Hiring unqualified drivers
Failure to perform background checks
Negligent supervision of drivers
Coercing drivers to exceed the hours of service limits and other regulations
Failure to maintain trucks in their fleet

Trucking companies often try to argue that the driver was an independent contractor and not an employee. However, this argument does not automatically shield them from liability for an accident. Courts often assess the level of control a carrier has over the driver’s work when assessing liability.

Burg Simpson works quickly to secure trucking company records and other evidence. This is essential for establishing the employment relationship between the driver and the carrier, as well as proving negligence on the part of the trucking company.

How Is Liability Determined in a Semi-Truck Accident?

Semi-truck accident liability is determined by gathering evidence, determining the cause, identifying the parties involved, and proving how each party’s actions contributed to the crash.

Key evidence needed to establish liability in truck accident claims includes:

Driver-related evidence:
- Black box data from the truck’s ECM and EDR
- Truck driver log books and hours-of-service records
- Driver Qualification File (DQF)
- Post-accident drug and alcohol test results
Trucking company-related evidence:
- Hiring and training records
- Internal memos and safety policies
- Maintenance and inspection reports for the truck
- Cargo records
Crash-related evidence:
- The police crash report
- Witness statements
- Photos of the accident scene
- Video footage of the crash

Expert analysis is often required to assess how the negligence of multiple defendants caused the accident. Burg Simpson works with leading experts in the trucking industry, accident reconstruction, and other fields to evaluate truck accident liability.

Is Colorado a No-Fault State for Truck Accidents?

No. Colorado has a fault-based or tort system for accident claims, which means the party responsible for the accident is also responsible for damages.

Fault is based on negligence in truck accident claims. In other words, did the truck driver, trucking company, and other parties fail to act with reasonable care?

In no-fault states, damages are paid by the driver’s own insurance. Colorado allows you to pursue compensation from the at-fault parties’ liability insurance. This would be relatively straightforward in many cases, but fault for a semi-truck collision may be spread across multiple defendants and insurance policies.

Who Is at Fault in a Truck Accident?

Fault in a truck accident is based on who caused or contributed to the wreck. The truck driver is the first party we examine because driver negligence is often the primary cause of a crash.

Common forms of truck driver negligence include:

Speeding
Distracted driving (texting, talking on the phone, etc.)
Fatigued driving
Tailgating
Failure to check blind spots
Improper or overly wide turns
Failure to inspect the vehicle and cargo
Reckless and aggressive driving
Drug and alcohol use

While the driver is often the starting point in accident investigations, it is crucial to evaluate the role of additional parties. Denver truck accident lawyers at Burg Simpson gather evidence of fault to determine how each party contributed to the crash and identify all potential sources of compensation.

How Does a Truck Accident Lawsuit Work in Colorado?

A truck accident lawsuit in Colorado begins by investigating the collision, gathering evidence, and identifying the liable parties. Once the investigation is complete, the next step is filing a legal claim within the applicable time limit.

Time Limits

You have 3 years to take legal action if you are injured in a truck accident. If a member of your family tragically dies in a tractor-trailer collision, you only have 2 years to file a lawsuit.

Filing the Complaint

The complaint outlines the basis for your lawsuit. Key elements include:

Names of all parties
Jurisdiction and venue
Statement of facts in the claim
Cause of action
Demand for relief (the damages you are seeking)

In Colorado, most truck accident lawsuits are filed in district court. For example, if the crash occurred in Denver, our firm would handle the case in Denver District Court.

Response & Negotiations

Once the lawsuit is filed, the defendants have the opportunity to respond. Trucking companies and insurers may try to argue that the driver was not at fault or you share responsibility for the crash, but many cases move into settlement negotiations at this stage. Burg Simpson will strive to maximize your trucking accident settlement.

Trial (If Necessary)

If the parties cannot agree to a settlement, going to trial may be the only way to get the compensation you deserve.

At Burg Simpson, we make trial preparation a top priority. Our firm is generally able to reach favorable settlements for our clients, but sometimes it is necessary to prove fault in court. We do the work so we can hold defendants accountable and get our clients the compensation they deserve.

Contact Burg Simpson for FREE Today.

According to the Federal Motor Carrier Safety Administration, approximately 450,000 truck accidents occur every year in the United States. Some of the most deadly in recent history have occurred right here in Colorado. The complexity of truck accident cases often stems from multiple factors, such as varying state laws, the involvement of several parties, and intricate insurance policies. This makes having a truck crash lawyer on your side all the more important.

If you have been involved in a truck accident in Denver, Boulder, Colorado Springs, Fort Collins, or anywhere in Colorado, Burg Simpson is here to help. Call us at 303-792-5595 to schedule your FREE and confidential case review today.

Leading Causes of Truck Accidents

The Large Truck Crash Causation Study, a comprehensive investigation conducted by the Federal Motor Carrier Safety Administration and the National Highway Traffic Safety Administration, has shed light on the numerous factors that can contribute to truck accidents. Some of the leading causes are:

Driver Fatigue. Long working hours, the monotony of the road, and lack of proper rest contribute to this issue.
Equipment Failure. This could range from brake failure to tire blowouts and everything in between.
Improper Cargo Loading. Improper cargo loading can lead to unbalanced weight distribution, making it more difficult for drivers to control the vehicle.
Distracted Driving. Texting, using a GPS, or even eating while driving can divert attention from the road.
Drug or Alcohol Use. Substance abuse, including the use of alcohol or drugs, can severely impair a driver’s ability to operate a heavy vehicle safely.
Road Conditions. Poor road conditions such as potholes, lack of proper signage, or inadequate lighting can contribute to truck accidents.
Weather Conditions. Rain, snow, fog, and similar weather events can make driving conditions hazardous.

Understanding the root cause or causes of a truck accident is essential for determining liability. The truck crash lawyers at Burg Simpson are thorough in their investigations, helping to expose all possible causes and properly assess the liability of each party.

Potentially Liable Parties

Determining liability in a truck accident is often complex. There can be multiple contributing factors, along with several parties who played at least some role in the accident. Some of these parties may not even be in the state where the accident took place. These issues will further complicate the process of seeking compensation.

Liability in a truck accident may be shared by:

The Trucker

Truck drivers are often the first to be scrutinized when an accident occurs. Common errors that may result in a truck driver being held liable include:

Speeding or Reckless Driving. Exceeding the speed limit, driving too fast for conditions, or otherwise behaving recklessly.
Fatigue. Operating a vehicle when overtired or without adequate rest.
Distracted Driving. Using a phone, eating, or any other activity that takes attention away from the road.
Substance Abuse. Operating the vehicle under the influence of alcohol or drugs.

The Trucking Company

The trucking company that employs the driver may also bear responsibility for an accident. This can occur under various circumstances:

Negligent Hiring. Employing drivers without proper background checks or necessary qualifications.
Insufficient Training. Failing to adequately train drivers for various road conditions or emergency scenarios.
Pressuring Drivers. Encouraging drivers to work beyond hours of service regulations or to drive under unsafe conditions.

Mechanics and Maintenance Providers

Faulty maintenance can contribute to a truck accident. Mechanics and maintenance providers can be liable for:

Negligent Repairs. Substandard work or improper parts that contribute to mechanical failure.
Failure to Inspect. Failure to carry out thorough inspections to identify potential issues.

Parts Manufacturers

Manufacturers of a truck or its components may be liable if a defect in their product contributed to the accident. This can include:

Design Flaws. Errors in the initial design of the truck or its components.
Manufacturing Defects. Flaws that occur during the assembly or production phase.
Failure to Warn. Lack of adequate warnings or instructions about the risks associated with the truck or its parts.

Government Entities

If poor road conditions contributed to the accident, the state or local agency responsible for road maintenance might be held accountable. This includes:

Poor Road Design. Roads with inadequate signage, lighting, or other safety features.
Lack of Maintenance. Failing to repair known issues such as potholes, deteriorating road surfaces, or inadequate signage.

When Multiple Parties Are Involved in a Truck Accident

Many truck accident cases involve a complicated web of liability extending to various individuals and organizations. When multiple parties are found to be liable, the legal landscape becomes increasingly complex; however, it also opens up more avenues for victims to seek the compensation they rightfully deserve.

Determining liability in a truck accident when multiple parties are involved necessitates a detailed investigation. This can include accident reconstructions, multiple depositions, and exhaustive reviews of trucking logs, maintenance records, and employment histories. Having a truck crash lawyer on your side is the best way to ensure that all liable parties are held to full account.

Burg Simpson leverages our extensive knowledge of Colorado law and decades of experience handling truck accident cases to navigate these complex claims. Our team of trial lawyers, paraprofessionals, investigators, and experts employ a multidisciplinary approach, ensuring that every potential avenue for compensation is explored. We are committed to recovering every penny you deserve for your losses.

Why You Should Talk to a Truck Accident Attorney

Truck accident cases are not only legally complex but can also involve intricate negotiations with multiple parties, from insurance companies to trucking corporations. The stakes are high both emotionally and financially, making it important to have legal assistance as quickly as possible.

A truck crash lawyer can assist with:

Accident Investigation and Case Preparation
Collecting Witness Statements and Dispositions
Accurately Assessing Damages
Keeping Your Claim on Track

Truck accident cases often involve multiple layers of legal complexity, ranging from determining liability among various parties to interpreting trucking regulations and state laws. The attorneys at Burg Simpson are here to assist with all of these issues and more. Dedicated, thoughtful, and thorough, we will carefully investigate your claim to determine how your injuries have and will continue to impact you—physically, psychologically, and financially. We will fight for every penny you are due.

The Colorado statute of limitations for truck accidents is three years, slightly longer than the statute of limitations for other types of personal injury claims. However, it is always best to consult with a truck crash lawyer as soon as possible to help ensure you do not waive your right to file suit.

Good Lawyers. Changing Lives®

Choosing Burg Simpson means placing your trust in a law firm that has successfully represented clients for 50 years. Beyond our impressive record, what sets us apart is our commitment to guiding our clients through their legal journeys with honesty, compassion, and determination.

Burg Simpson has been nationally recognized for our comprehensive range of personal injury services, including motor vehicle accidents, wrongful death, medical malpractice, and much more. Our proven track record speaks volumes about our commitment to achieving the best possible outcome for our clients. We are here to listen, accurately assess your damages, and help you get the full compensation you are due.

Contact Us for a FREE Case Review Today!

To schedule your FREE case review with an experienced Denver truck crash lawyer, contact Burg Simpson right away. We serve victims of serious injury in the Metro Denver area and communities throughout Colorado.