Large trucks have a gross vehicle weight rating of 10,000 pounds or more. However, many commercial trucks weigh significantly more than this. For example, in 2021, 71% of large trucks involved in fatal accidents had a GVWR of over 26,000 pounds.
Unfortunately, the size and weight of these vehicles make accidents with them more likely to be fatal compared to accidents involving smaller vehicles.
As the statistics show, truck accidents can have devastating consequences for the truck driver and other road users. Understanding who can be held accountable in these accidents is crucial for victims seeking compensation for their injuries and damages.
At Levine Law, we have seen the outcome of these accidents firsthand. Our team is here to help victims, and their families recover the full compensation they are entitled to. The first step is to contact our office to schedule a risk-free consultation.
Potential Liable Parties in Denver Truck Accidents
Several parties may be fully or partially liable for truck accidents. Our Denver truck accident attorneys understand how to prove liability and can help you recover the full compensation you deserve.
The parties who may be liable for an accident include:
The Truck Driver
The first party that may be held liable in a truck accident is the truck drivers themselves. If a driver is found negligent—speeding, driving under the influence, or violating traffic regulations—they can be sued for damages.
Under Colorado law, drivers are required to operate their vehicles safely and responsibly. A truck accident lawyer in Denver can help victims assess whether the driver’s actions meet the criteria for negligence.
The Trucking Company
In many cases, the trucking company that employs the driver may also be liable. This concept is known as “vicarious liability,” where an employer can be responsible for the negligent actions of their employees performed within the scope of their job.
For instance, the trucking company may share liability if a truck driver was driving over their permitted hours, violating the Federal Motor Carrier Safety Administration (FMCSA) regulations. Consulting with a Denver truck accident attorney can provide insight into whether the company can be held liable based on its policies and practices.
Manufacturers of Truck Parts
Defective equipment or parts, such as brakes or tires, can sometimes cause a truck accident. In such cases, the manufacturer of the defective parts may be held liable under product liability laws.
For example, if poor-quality tires contributed to an accident, the manufacturer could be sued for damages. The Colorado Revised Statutes § 13-21-401 outlines the guidelines for product liability claims, making it essential to establish that the defect was the direct cause of the accident.
Third-Party Contractors
In addition to the driver and the trucking company, third-party contractors involved in maintaining or repairing the truck might also bear responsibility. The contractor could be liable for negligence if faulty repairs or maintenance led to the accident.
Engaging a semi-accident lawyer in Denver can help victims examine the circumstances surrounding the truck’s maintenance history to determine if third parties share any fault.
Comparative Negligence in Colorado
It’s important to note that Colorado follows a “modified comparative negligence” rule, as outlined in Colorado Revised Statutes § 13-21-111. This means that the victim’s compensation may be reduced by their percentage of fault in the accident.
For instance, if a victim is found to be 20% at fault for the accident, their potential compensation would be reduced by that percentage. This complicates filing a suit as it requires a thorough investigation and legal expertise to establish fault correctly.
Understanding Responsibility in Denver Truck Accidents
Navigating the aftermath of a truck accident can be complex, involving multiple parties who may be held liable. Whether it’s the truck driver, the trucking company, manufacturers, or maintenance contractors, understanding who is responsible is key to pursuing a successful claim.
If you or a loved one has been involved in a truck accident, consulting with a Colorado big rig accident attorney can help. They can guide you through the legal process, ensuring you receive the compensation you deserve. Don’t hesitate to contact a local truck accident lawyer in Denver to explore your options.
At Levine Law, we are ready to help with our case. Call our office today. We offer our clients a No-Win, No-Fee Guarantee.
