Were you hurt in a crash with a semi truck or other commercial vehicle in Colorado? Large trucks travel Colorado’s busiest corridors every day, from I-25 along the Front Range to I-70 through the mountains and I-76 toward the eastern plains. Steep grades, sudden weather changes, and heavy traffic make truck accidents here especially dangerous, and the injuries are often severe.
Truck accident claims are also more complicated than ordinary car accident claims. This guide explains why, who may be responsible, and what deadlines apply in Colorado.
Why are truck accident claims different from car accident claims?
- More parties may be involved. The driver, the trucking company, the cargo loader, a maintenance company, and the truck or parts manufacturer may all share responsibility.
- Federal safety rules apply. Interstate trucking companies and drivers must follow Federal Motor Carrier Safety Administration (FMCSA) rules on hours of service, driver qualifications, vehicle inspections, and drug and alcohol testing.
- Insurance limits are higher. Commercial carriers usually carry much larger policies than private drivers, so insurers often defend these claims aggressively.
- Key evidence can disappear. Electronic logging devices, engine data, dashcam footage, and maintenance records may only be kept for a limited time.
What causes truck accidents in Colorado?
Common causes include driver fatigue, speeding on mountain grades, brake failure on long downhill stretches, improperly secured or overweight cargo, wide turns, blind-spot lane changes, and driving too fast for snow or ice. Colorado’s chain law requires commercial vehicles to carry and use chains on I-70 and other mountain routes when conditions require it, and failing to follow these rules can be important evidence of fault.
Who can be held responsible?
Depending on the facts, responsibility may fall on:
- The truck driver, for unsafe driving, fatigue, or impairment.
- The trucking company, which is often responsible for its employee driver’s actions and may also be liable for poor hiring, training, or scheduling practices.
- A shipper or loading company, if cargo was overloaded or not properly secured.
- A maintenance provider, if brakes, tires, or lights were not properly serviced.
- A manufacturer, if a defective part caused or worsened the crash.
How does fault work in a Colorado truck accident?
Colorado follows modified comparative negligence. You can recover damages if your share of fault is less than the share of the parties you are suing, but your recovery is reduced by your own percentage of fault. If you are found 50 percent or more at fault, you generally cannot recover. Trucking companies and their insurers often try to shift blame onto the other driver, so solid evidence matters.
What deadlines apply to Colorado truck accident claims?
- Motor vehicle injury lawsuits: generally three years from the date of the accident (C.R.S. section 13-80-101).
- Government-owned vehicles: if a city, county, or state truck or snowplow was involved, written notice must generally be given within 182 days under the Colorado Governmental Immunity Act.
- Wrongful death claims: generally two years from the date of death.
Even though the lawsuit deadline may be years away, evidence preservation should start immediately. An attorney can send a preservation letter asking the trucking company to keep logs, data, and video.
What should you do after a truck accident?
- Call 911 and get medical care right away.
- Get the police report number and the officer’s name.
- Write down the truck’s company name, USDOT number, and plate number, which are usually displayed on the cab door.
- Photograph the scene, vehicle damage, road conditions, and your injuries.
- Get contact information for witnesses.
- Do not give a recorded statement to the trucking company’s insurer before getting advice.
- Keep all medical records, bills, and proof of lost wages.
What compensation is available?
Truck accident victims in Colorado may be able to recover medical expenses, future care, lost income and earning capacity, property damage, and non-economic damages such as pain and suffering. Colorado law limits non-economic damages in many cases, and the rules can vary depending on when the claim arose, so it is worth getting advice on how they apply to you.
Do you need a lawyer for a truck accident claim?
Because of the number of parties, federal regulations, and high insurance stakes, many truck accident victims choose to work with a Colorado personal injury attorney who has handled commercial vehicle cases. Most offer free consultations and work on a contingency fee.
This article provides general information about Colorado law and is not legal advice. Every case is different. Speak with a licensed Colorado attorney about your specific situation.