Truck Accident Lawyer in Denver, CO

Do I Have a Valid Truck Accident Claim?

A collision with a large truck doesn’t mean you have a legal claim. These four elements need to be present to seek compensation.

• Duty of Care: Truckers have a duty to follow the rules of the road and drive responsibly to keep others safe.
• Breach of Duty: The duty of care was breached by a trucker or trucking company. Examples include failing to signal and check blind spots before merging or neglecting to take mandatory breaks to rest.
• Causation: Breaching duty caused the tractor-trailer crash. For example, think of a trucker who fell asleep while they were about to turn off the highway, hitting another vehicle on an off-ramp.
• Damages: The other motorist suffered an injury or financial loss. This might include extensive medical bills or the need to replace a totaled vehicle after a semi-truck crash.

If you were involved in a collision with an 18-wheeler, the Denver trucking accident attorneys at Ogborn Mihm can review what happened, determine if you have a valid claim, and let you know what steps to take next.

Where Semi-Truck Accidents Can Happen in Denver

While large truck accidents can happen anywhere in the city, these are some of the roads and highways in Greater Denver where 18-wheeler wrecks are likely to occur.

• Interstate 25: Plenty of big rigs travel I-25 en route to Wyoming or New Mexico. The heavy traffic and high speeds can lead to a major semi-truck crash involving multiple vehicles.
• Interstate 70: I-70 is a major corridor for commercial vehicles, and many large truck accidents occur on this particular interstate. Many of these crashes are due to high speeds and the sheer number of vehicles on the road.
• Denver’s High Injury Network: The high injury network refers to major streets in Denver where many collisions happen. This is often due to heavy traffic, high speeds, and the mix of vehicles on the road. Some of the most notable multi-lane roads in this group include Colfax Avenue, Federal Boulevard, Alameda Avenue, and Colorado Boulevard.
• Regional Highways: Tractor-trailers take local highways to reach cities outside of Denver such as Boulder, Lakewood, and Highlands Ranch. Drivers on Highway 36, Highway 6, or C-470 should be wary when any 18-wheelers are on the road.

Common Causes of Large Truck Accidents

Commercial trucking accidents can have multiple causes and contributing factors. These are some of the most common causes of semi-truck crashes in the Greater Denver area.

Truck Driver Fatigue

Truck driver fatigue accidents put countless lives at risk in the Denver area. Despite federal hours of service regulations from the FMCSA, many truckers push themselves to a point of exhaustion. Driver fatigue can delay reaction times, impair decision-making skills, and lead to a trucker falling asleep behind the wheel.

Failure to Check Blind Spots

Semi-trucks have major blind spots on all four sides of the vehicle. If truckers fail to check their blind spots before they change lanes or merge, it can cause major collisions with vehicles that are nearby.

Reckless Driving

When semi-truck drivers are reckless, it puts everyone on the road at risk. Examples of reckless driving from truckers include speeding, illegal or sudden lane changes, tailgating, refusing to yield, and frequent lane changes.

Distracted Driving

Anything that takes a hand off the steering wheel or diverts attention from the road can be considered a distraction. For truckers, this includes texting, looking up directions, eating while driving, or simply rubbernecking.

Driving Under the Influence

Commercial drivers have a much lower legal limit for blood alcohol concentration (BAC) than civilians. When truckers drive under the influence, they tend to be intoxicated by narcotics or over-the-counter drugs rather than alcohol.

Poorly Loaded Cargo

Cargo that’s improperly loaded can cause dangerous weight imbalances that affect a semi-truck’s maneuverability and stability. Cargo could also spill onto the road, creating hazards for approaching vehicles.

Poor Vehicle Maintenance

Long hours on the road lead to wear and tear. If a trucker doesn’t get a vehicle serviced or a trucking company fails to have routine maintenance performed on their fleet, it could result in catastrophic vehicle failure.

Lack of Experience Operating a Big Rig

It takes a lot of training to properly operate an 18-wheeler, especially with Colorado’s terrain. If truckers are inexperienced or lack sufficient training behind the wheel and on the road, it could lead to serious accidents throughout the state.

Poor Road and Weather Conditions

Ice, snow, and rain can make driving difficult here in Denver. The challenges are compounded when operating an 18-wheeler. The weather and steady traffic could also damage roadways over time, creating frost heaves, potholes, and other dangerous conditions.

Common Types of Tractor-Trailer Accidents

The size and weight of large commercial trucks can lead to specific kinds of crashes unique from commuter vehicles.

Jackknife Accidents

A jackknife accident occurs when the trailer of a semi-truck turns in toward the cab like a folding knife. Jackknife accidents are usually caused by sudden braking, mechanical problems, or poorly loaded cargo.

Underride Crashes

An underride crash is when a vehicle gets caught underneath the trailer of a big rig. While many tractor-trailers have rear guards to prevent underride collisions, these vehicles don’t always have side guards. These accidents often lead to catastrophic, if not fatal, injuries.

Rear-End Collisions

Rear-end large truck accidents can be catastrophic due to the size and weight of these vehicles. Rear-end crashes are usually caused by speeding, slick roads, or brake malfunctions.

Rollover Accidents

Rollover accidents can occur when 18-wheelers are poorly loaded, truckers swerve suddenly, or drivers try to take turns too fast. Rollovers can crush motorists in adjacent lanes.

Wide-Turn Accidents

Semi-trucks usually have to swing left in order to make a right turn. While turning, the large truck could strike nearby vehicles, motorcyclists, or cyclists who are in adjacent lanes. 

Multi-Vehicle Pileups

When 18-wheeler accidents happen in Denver, there’s a risk that the collision spans multiple lanes of traffic. When these crashes occur on interstates or busy streets, multiple vehicles could be totaled in a wreck.

Who Can Be Held Liable for an 18-Wheeler Crash?

The liable party in a semi-truck accident case can vary. These are parties who are often responsible for a collision or may have contributed to it.

• The Truck Driver: If a truck driver is reckless, distracted, or violates FMCSA regulations, they can be held liable for a crash.
• The Trucking Company: Trucking companies may be liable for poor hiring practices, failing to maintain their fleet, or dangerous company policies.
• Maintenance and Repair Crews: Vehicle repair crews may be held liable for poor work or cutting corners during safety inspections.
• Automakers and Parts Companies: Semi-truck manufacturers or the makers of various vehicle parts could be held liable when there is a dangerous defect.
• Local Road Authorities: Local municipalities might be held liable if they failed to prep the road for winter weather or did not repair a road that had dangerous conditions.

Statute of Limitations for Semi-Truck Accidents in Colorado

In Colorado, you have three years from the date of the 18-wheeler accident to file a legal claim. Once that three-year statute of limitations has expired, you will no longer be able to take legal action.

A three-year deadline to file a lawsuit sounds long, but it can go faster than you think. It’s best to contact our Denver trucking accident attorneys as soon as possible after your collision. Our team can let you know if you have a viable claim and start securing evidence, interviewing witnesses, and consulting collision and medical experts about what happened.

Compensation in a Big Rig Accident Claim

Ogborn Mihm will help you understand the true value of your large truck accident claim. Our Denver trial attorneys provide emotional support and a legal framework as we pursue compensatory damages for economic and non-economic losses.

Economic and non-economic damages from a trucking accident could include: 

• Healthcare Expenses: This includes the ambulance, hospital stays, stabilizing care, and any follow-up appointments with specialists.
• Ongoing Medical Needs: This includes physical rehabilitation, psychological counseling, and other estimated costs for future wellness treatments.
• Damage to Property: This includes the cost of vehicle repairs or replacement and damage to other belongings at the time of the semi-truck accident.
• Lost Wages During Recovery: This includes loss of income due to the inability to work while healing from injuries.
• Loss of Future Earning Potential: If your injuries cause a disability or limitations in mobility, you can be compensated for career changes, job retraining, and loss of estimated future earnings.
• Accommodations for Disability: This includes home renovations, vehicle renovations, and other modifications to accommodate a disability.
• Pain and Suffering: This includes chronic pain after recovery as well as struggles with depression, anxiety, and post-traumatic stress disorder (PTSD).
• Reduced Quality of Life: This includes loss of enjoyment in hobbies or a general reduction in contentment due to injuries.

Frequently Asked Questions (FAQ) About Large Truck Accidents

Trucking accidents present numerous challenges and raise many questions. Below are answers to the most common questions our Denver semi-truck accident lawyers have received from past clients and local residents.

Can I still sue for damages if a trucker ran me off the road but didn’t hit my vehicle?

Yes. If a reckless driver does not have to hit your vehicle to be held liable for negligence. You can seek compensation from a trucker or trucking company if you were forced off the road.

Should I accept an initial settlement offer from the insurance company?

Not until you speak with our lawyers. Many insurance companies will attempt give a low initial settlement that’s worth less than the actual value of your claim. An attorney can potentially negotiate a better settlement than the initial lowball offer.

Does a rear-end crash mean the truck driver was at fault?

Not necessarily. While the trucker may have been distracted or fatigued, the rear-end crash might also be due to a brake malfunction or slippery roads due to rain or ice. Our lawyers can investigate the cause or causes of the rear-end crash to make sure the right party is held liable.

If the truck accident happened in Colorado but the trucking company is based out of state, does that affect my claim?

Not necessarily. You can still file a lawsuit here in Colorado even if the trucking company or trucker is based out-of-state. Our law firm can help you pursue damages and address possible issues that come up in the litigation process.

Why Choose Ogborn Mihm for Your Semi-Truck Accident Case

If you’ve been seriously hurt in a trucking accident in Denver, you can count on the trial attorneys at Ogborn Mihm to tell your story and pursue maximum compensation.

We Focus on Your Life Before and After a Major Accident

Our lawyers want to know about your life before and after your big rig accident. This will help us understand how your injuries have affected your quality of life and your future ability to earn a living and live independently.

Our Lawyers Are Prepared to Go to Trial

The attorneys at Ogborn Mihm are trial-tested and will not hesitate to go to court if it means maximizing compensation for you. We can leverage this reputation during settlement negotiations because insurance companies know our firm means business.

We Have a Record of Representing Brain Injury Survivors

Tractor-trailer accidents can cause severe concussions, penetrating head injuries, and other kinds of traumatic brain injuries (TBIs). The lawyers at Ogborn Mihm take great care when working with brain injury survivors and their families. We have access to leading medical professionals and facilities. Our attorneys can connect you with specialists for treatment while building strong evidence to support your trucking accident claim.

Representation on a Contingency Fee Basis

If you’re recovering from a trucking accident, you don’t want to see another bill. Ogborn Mihm offers free case evaluations and representation on a contingency fee basis. That means you only have to pay if we can secure a settlement or win damages in court.

Contact Our Denver Truck Accident Attorneys

If you’ve been injured in a crash with a tractor-trailer, our law firm is ready to advocate for you. Don’t delay. To set up a free consultation with our Denver semi-truck accident lawyers, contact our law firm today.