Truck collisions—like motorcycle collisions—can be among the most dangerous and deadly on the road. Due to the sheer size of a commercial truck—which can weigh as much as 80,000 pounds fully loaded—the passengers in the smaller vehicle often suffer extreme injuries or even death. Over half a million truck collisions occur every year, resulting in over 5,000 deaths for those in passenger vehicles. The people who survive such a traumatic crash are often left with severe, long-term injuries and changes to their lives which could be temporary or permanent. But should you sue after a trucking accident? It can be a complicated decision to make, and there are many important factors to take into consideration.
Perhaps one of primary considerations when deciding whether to file suit is whether your accident was a direct result of negligence, whether on the part of the truck driver, the trucking company, or the manufacturer of the truck. Because there are potentially several different defendants in truck collision cases, they can be much more complex. Perhaps the driver directly caused your accident through negligence. Many times drivers stay on the road long past the point when they are truly exhausted. Drivers get paid by the mile, and if they are not on the road they are not getting paid. Even though federal law mandates that truckers must take a rest break following eleven hours behind the wheel, in reality many drivers skirt those rules—and many trucking companies look the other way and allow them to do so.
After all, the trucking company’s financial bottom line depends on how quickly the loads reach their intended destination. Because of this, truck drivers often get behind the wheel when they are exhausted, and accidents can occur as a result. Truck drivers are also subject to the same distractions that all drivers are subject to. They may be eating while driving, watching something taking place on the side of the road, talking to a passenger, fiddling with the radio or GPS or simply “zoning out,” rather than focusing their full attention on the road and the drivers around them. The trucking company may be deemed the negligent party in your accident if they did not properly train their truck driver or knew the driver was exceeding their allowable hours behind the wheel and did nothing to prevent it. In some cases, the cause of the trucking accident could be due to faulty brakes, tires, or other components of the truck. If this is the case, then the party responsible for maintaining the truck could be held accountable for your accident.
Depending on the severity of your injuries from the trucking accident, you may have weeks, months, or even years of medical treatments and rehabilitation ahead of you. You may have lost considerable amounts of work due to the accident meaning your family has been without the benefit of your regular income. If your injuries were especially severe, your insurance limits may have been reached, and you may find yourself responsible for huge amounts of expense with no way to pay the bills. Additionally, you have to deal with the damages to your vehicle as well as the emotional pain and trauma which can result from such an accident.
Even if you are a person who feels like you shouldn’t sue for an accident, it could be a good idea to speak with an experienced personal injury attorney who can offer you a different perspective on your unique situation. A lawsuit is not necessarily a vengeful act, rather simple a way of ensuring that the person or entity responsible for your accident and injuries pays what is fair to compensate you and allow you to attempt to put your life back together and plan a future. A personal injury attorney with a background in trucking accidents will be able to present you with the entire picture so you can make a reasonable decision about whether to pursue a lawsuit.
If you or someone you love has been injured in a trucking accident in Denver, Longmont, or anywhere in the State of Colorado, it is important to speak to an experienced Longmont trucking accident attorney to discuss your case. Vital evidence can be lost or destroyed in trucking accident cases if you do not act quickly. Our lawyer have the experience and resources needed to take large trucking companies to trial – and win. Contact the law firm of Fuicelli & Lee, PC, for a free case evaluation. You pay nothing unless you receive a financial settlement or award. Call our office at 303-355-7202 or fill out our confidential contact form.
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