If you are involved in a truck accident, you will need to know the steps for filing a truck accident claim to protect your rights. Truck accidents tend to be particularly devastating due to the weight and size of the vehicle. When a truck and car collide, the passengers of the smaller car suffer the brunt of the consequences. Even if the accident doesn’t result in fatalities, your life may be changed forever. You deserve compensation for your injuries and suffering. Read on to learn more about how to file a truck accident claim in Colorado.
Steps for Filing a Truck Accident Claim in Colorado
After a truck accident, it’s crucial to speak to a personal injury attorney as soon as possible. Most injured victims are unaware of the steps needed for filing a truck accident claim, and in most situations, time is of the essence. Attempting to understand this complex area of law while recovering from your injuries is challenging at best.
Statute of Limitations
Colorado law dictates a three-year statute of limitations to resolve a claim for truck accident claims. If you fail to file your lawsuit within this period, the court will bar you from obtaining any relief. Without a path to compensation from the liable party, your damages become your sole responsibility.
Your attorney may draft a demand letter to the insurance company laying out relevant details of the accident as well as how the accident affected you financially, physically, and emotionally. The demand letter provides a deadline for the insurance company to respond. Once a response is provided, your attorney begins the negotiation process.
File a Lawsuit
If the insurance company fails to offer fair compensation for your injuries and negotiations don’t progress, your attorney will file a lawsuit to pursue compensation from the liable party. Your attorney will guide you through the process as the lawsuit moves through the court system. Your attorney will prepare your case for trial even though many lawsuits settle without the necessity of a trial.
Are There Steps to Take Immediately After a Truck Accident?
It may be difficult to find the clarity of mind to undertake the following steps in the moments after a truck accident. You may also be suffering from serious injuries requiring immediate medical attention. However, if you are able, the following steps can help protect your rights and preserve evidence to strengthen your case against the liable party.
If possible, remain calm after a truck accident and contact 911. A reporting police officer will make an accident report providing a summary of the accident. Your attorney may use the information in the accident report to investigate your accident’s details. The report may contain relevant details like photographs, diagrams, contact information for witnesses, and a determination of fault.
Seek Medical Treatment
Even if you believe you escaped the truck accident without injuries, it’s vital to seek medical attention anyway. Many serious injuries may begin to appear in the hours, days, or even weeks following an accident. Connecting your injuries to the accident is vital to recovering the compensation you deserve.
Exchange names, contact information, and insurance information with all drivers involved in the accident.
Document the Scene
Obtain evidence of the scene of the truck accident. Documentation may include photographs of your car, the truck, and other details, including street signs, road conditions, and injuries. Additionally, write down all the details you can remember about the accident.
If you are physically able, obtain the names and contact information of any witnesses to the accident. Your attorney uses the information obtained from witnesses to strengthen your claim and support your version of events.
Contact an Attorney
Contact a qualified personal injury attorney as soon as possible to discuss your options. You may receive initial settlement offers that may be tempting in the wake of your mounting medical bills and lost wages. However, these initial offers likely fail to capture the actual value of your case. Accepting any settlement offer before you know the extent of your injuries and damages only hurts you in the long run. Completing these essential steps helps your personal injury attorney build a solid case on your behalf and negotiate for what you truly deserve.
You must notify your insurance company about the accident. Your coverage plan may dictate strict deadlines for reporting your insurance company, so act quickly. However, before speaking to your insurance company, speak to an attorney to assist you.
How Are Truck Accidents Different from Other Accidents?
Truck accidents are different from typical car accidents. Various facts in nearly all Colorado truck accident claims make them considerably more complex than typical auto accident cases.
Employees usually operate commercial trucks during the course and scope of their employment. When an accident occurs, the employer is generally held liable for the acts of their employees. Unlike car accidents with individuals, your truck accident claim may involve complex theories of law holding the employer responsible.
Truck accidents result in more severe injuries, losses, and property damage. As a result, injured victims may feel more at stake. Their financial situation may be in complete upheaval. Additionally, their physical and emotional recovery may be long-term or even permanent. It’s vital to have a qualified personal injury attorney who understands the depth of your harm.
Evidence obtained after a truck accident assists an attorney in pursuing a successful claim on their client’s behalf. For example, most commercial trucks contain a black box that records vital information about the driver’s conduct and behavior in the days, hours, and minutes leading up to the accident. An attorney may also demand copies of employment records, surveillance footage, maintenance records, and cell phone records to strengthen an injured victim’s case. This type of information does not exist in regular car accident cases.
Since truck accident lawsuits may include employers and insurance companies, an injured victim may not be going up just another driver but an expansive legal team of attorneys attempting to limit their client’s liability. Without a knowledgeable attorney, you may quickly become overwhelmed by their aggressive tactics and feel pressured into accepting a settlement offer that fails to compensate you adequately.
You need a dedicated trial lawyer for the most traumatic events in your life. The legal team at Gerash Steiner Blanton, P.C., are fully prepared and equipped to protect your best interests. After a truck accident, you may feel lost as to what steps to take next. Trust you made the first right move by contacting our firm. With decades of trial litigation experience, we are proud of our successful record in pursuing justice for our clients and getting them the compensation they deserve. We keep our caseload small to ensure our clients receive the attention they deserve. Contact our office today to find out how Gerash Steiner Blanton can help you.