Understanding Liability in Denver Truck Accident Cases

Denver: A Hub For Trucking and Trucking Accidents

Our team of Denver truck accident lawyers at Metier Law Firm understand that the trucking industry is an important part of keeping our country supplied and moving, with Colorado being a major transportation hub for the entire nation. 
We have some of the busiest transportation routes in America, with I-70 running east and west, I-25 and I-76 running north and south, along with the E-470 loop and other state highways serving as major thoroughfares in transporting goods and equipment throughout the state and the country. 

But when a passenger car is involved in an accident with one of these massive vehicles, the sheer size disparity between a regular car and a commercial truck often translates into devastating consequences for the car occupants in a collision. If these unfortunate and often life-altering crashes were to happen to you or a loved one, understanding who may be liable and hiring an experienced and knowledgeable truck crash attorney is crucial in securing the compensation you deserve.

Metier Law Firm truck accident attorney Mike Chaloupka explains - "Truck accidents in Denver can be life-altering. The sheer size and weight of commercial trucks make collisions with them particularly dangerous for passenger vehicle occupants, and then if you add in the congested traffic we often see in Denver and along the Front Range, it can truly be a recipe for a devastating situation."

This article from our truck accident lawyers in Denver is a simple guide to help you understand some of the complexities of liability in truck crash cases. It will also explain why choosing the right lawyer is important after a crash with a commercial or large truck. 

Liability in Truck Accidents: A Complex Web

Trucking companies bear a significant responsibility for the safety of their operations. This responsibility extends beyond simply hiring drivers and putting them on the road. It encompasses a range of factors that can directly influence the likelihood of accidents.

Hiring Qualified Drivers

A reckless driver, one with a history of traffic violations, is a ticking time bomb. If a trucking company hires such a driver, and that driver causes an accident, the company might be held liable. This is because the company's negligence in hiring an unqualified driver can be seen as a direct cause of the accident.

Providing Adequate Training

Experienced truck drivers have honed their skills through comprehensive training programs. The Federal Motor Carrier Safety Administration (FMCSA) mandates that every driver who wishes to obtain their Commercial Drivers License (CDL) must have completed their applicable entry-level driver training from a registered training provider. From there, they must then complete their CDL training with a registered provider using a combination of on the road training on a driving range as well as public roads alongside classroom commercial driver theory education. 

These federally mandated programs teach drivers how to operate large commercial vehicles safely, navigate various road conditions, and respond to emergencies. Cutting corners on training can have disastrous consequences. If inadequate training contributes to an accident, the trucking company may be responsible. For example, if a driver is unfamiliar with a specific type of truck or its handling characteristics, and that lack of knowledge leads to an accident, the company could be held liable for failing to provide proper training.

Preventing Driver Fatigue

Federal regulations limit the number of hours a truck driver can be on the road continuously. This is because excessive hours can lead to fatigue, which significantly increases the risk of accidents. A trucking company requiring drivers to exceed safe working hours might be liable if that fatigue contributes to an accident. For instance, if a driver is forced to drive for long stretches without adequate rest, and that fatigue causes them to fall asleep at the wheel, the company could be held responsible for the resulting accident.

Vehicle Maintenance and Inspection 

Proper maintenance is crucial to ensure the safe operation of a commercial truck. Trucking companies have a duty to regularly inspect their vehicles and address any mechanical issues promptly. If a failure of a truck component, such as a brake, tire, or steering system, contributes to an accident, the company could be held liable for neglecting to maintain the vehicle properly.

Cargo Securement 

Improperly secured cargo can pose a serious safety hazard. If cargo shifts during transport, it can cause the truck to lose control or tip over. Trucking companies must ensure that cargo is properly secured using appropriate methods and equipment. If a poorly secured load contributes to an accident, the company could be held liable for negligence in cargo handling.

Third-Party Liability: Sharing the Burden

Trucking companies often rely on a network of third-party vendors to keep their operations running smoothly. These vendors can include companies responsible for loading trucks, maintaining them, or even leasing drivers. If negligence on the part of any of these vendors contributes to an accident, they may share liability with the trucking company.

Loading Companies 

Improperly loaded trucks present a serious safety hazard. If cargo isn't secured correctly, it can shift during transport, causing the truck to lose control or tip over. The company responsible for loading the truck can be held liable for any resulting accident. For example, if a loading company fails to properly secure a heavy load, and that load shifts during transit, causing the cargo or the transporting truck itself to crash into another vehicle, the loading company could be held liable for negligence.

Maintenance Companies

Just like any vehicle, a truck needs regular maintenance to ensure its brakes, tires, and other safety features function correctly. Faulty brakes or a tire blowout can be disastrous. If a maintenance company fails to properly maintain a truck, and that failure contributes to an accident, they might share liability. For instance, if a maintenance company fails to replace worn brake pads, and those worn brakes lead to a loss of control and a collision, the maintenance company could be held liable for negligence.

Driver Leasing Companies 

Some trucking companies hire drivers from leasing companies. This doesn't absolve the trucking company of responsibility. If a leased driver causes an accident due to negligence, both the leasing company and the trucking company may be held liable. For example, if a leasing company fails to conduct a thorough background check on a driver before leasing them to a trucking company, and that driver later causes an accident due to reckless driving, both the leasing company and the trucking company could be held liable for negligence.

Other Potential Third-Party Vendors

•    Fueling Companies: If a fueling company fails to properly fuel a truck, and that failure contributes to an accident, they could be held liable.
•    Parts Suppliers: If a defective part supplied to a trucking company contributes to an accident, the parts supplier could be held liable.
•    Insurance Companies: In some cases, the insurance company of a trucking company or a third-party vendor might be held liable for their own conduct.

Identifying all potentially liable parties in a truck accident can be complex. An experienced truck accident lawyer in Denver can help you determine who may be responsible and build a strong case to recover the compensation you deserve.

Building a Strong Case: The Importance of Evidence

Determining liability in a truck accident requires a meticulous investigation. Here's what you can expect when working with a seasoned truck accident attorney in Colorado:

•    Accident Scene Investigation: Crucial evidence can be gleaned from the accident scene itself. Skid marks, debris patterns, and witness testimonies play a vital role in reconstructing the events that led to the accident.
•    Medical Records: Detailed medical records documenting your injuries and treatment are essential for establishing the extent of your damages.
•    Truck Driver Records: Examining the truck driver's employment history, driving record, and any training certifications can expose red flags that might point towards negligence on the trucking company's part.
•    Truck Maintenance Records: Thoroughly investigating the truck's maintenance history can reveal whether any issues were ignored, leading to potential equipment failure.
•    Expert Witnesses: Reconstruction experts may be brought in to analyze the crash scene and provide a technical understanding of how the accident occurred. Medical experts might be needed to corroborate the severity of your injuries and their long-term impact.

There could be more involved than what is on this list, it just depends on the circumstances of your case. Speaking with a knowledgeable Denver truck crash lawyer who can help you find all the important pieces of evidence is vital in building a complete case. 

Don't Go It Alone: Seeking Compensation with Metier Law Firm

The legal battles surrounding truck accidents can be complex, demanding a lawyer with extensive experience navigating the intricacies of commercial vehicle regulations and insurance policies.

At Metier Law Firm, our dedicated team of Colorado truck accident attorneys understands the emotional and financial strain you're facing. We are committed to aggressively pursuing the compensation you deserve, holding all liable parties accountable. 

Our truck accident attorneys in Denver will carefully and thoroughly investigate the cause of the accident, identify all potentially responsible parties to build the strongest case possible on your behalf.

Schedule a Free Consultation Today

Did you know that the state of Colorado has only 3 NBTA Board Certified Truck Accident Attorneys in the entire state of Colorado, and that two of them (T. Thomas Metier and Grant Lawson) are on our staff at Metier Law Firm? Don't trust your truck accident claim to just anyone, call the truck accident law firm that has the knowledge and experience you won't find anywhere else. 

The sooner you speak with an experienced Denver truck accident attorney, the better your chances of securing a fair settlement. Contact our highly experienced team of Colorado truck accident attorneys today at (866) 377-3800 or fill out our contact form online at metierlaw.com.