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Who Is Liable in a Truck Accident?

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 more than 40 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.

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 Law Firm 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 Law Firm 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 (see Colo. Rev. Stat. § 13-80-102). 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 Law Firm means placing your trust in a law firm that has successfully represented clients for over 40 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 Law Firm 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 Law Firm right away. We serve victims of serious injury in the Metro Denver area and communities throughout Colorado.