If you’re in an accident with a big truck, your entire life can change in an instant. The stress can only seem to increase when you try to seek compensation for your injuries and losses while the other people involved seem to be passing the responsibility to everyone else. You need a fair settlement for your losses, but to get your compensation you need to prove who was liable—a legal term for who was at fault for your accident.
Who can you hold responsible for your injuries and losses from your big truck accident? Learn about who is held liable after a truck accident in Colorado Springs and how an attorney can help you seek the most out of your settlement!
What Is Negligence?
Part of the reason truck accidents are so complicated is the legal concept of negligence. In brief, negligence answers, “Whose fault was this?” Specifically, it means your truck accident lawyer needs to prove three things:
- First, we need to show that the defendant had a duty of care to act responsibly on the roads, and that they violated that duty of care.
- Second, we need to demonstrate that their violation and irresponsibility led to the accident.
- Finally, we need to prove that you got hurt in that accident.
In Colorado, a modified comparative fault rule states that if you’re partially responsible for the accident, your award will be reduced by that amount. If you’re 50% or more responsible, you lose your right to any compensation. It’s best to call a truck accident attorney to ensure your case has all of the evidence it needs to prove who was really responsible so you have the best chance of compensation.
Who Is Liable for a Colorado Springs Truck Accident?
One of the reasons Colorado Springs truck accidents are so complex is the number of different people that might be responsible or share responsibility for your accident. The driver likely holds some level of fault for the accident, but other parties can come into play as well. Here are other parties that are commonly found at fault for a truck accident:
- The trucking company that employs the driver may hold responsibility. Despite laws saying they cannot call drivers independent contractors as an excuse, they often try to do just that when an accident occurs. A semi-truck accident lawyer will shut that down immediately and hold them responsible if needed.
- The loading company that balanced the cargo can be responsible if the load shifted due to improper balance, causing the driver to lose control.
- The maintenance crew whose job it is to check the truck for safety can also be responsible. Sometimes critical problems that should have been caught before the truck even left the loading dock can lead to a devastating accident.
- The manufacturer of parts may hold responsibility if some mechanical part of the truck was faulty and failed, such as bad tires or bad brakes, so long as the failure was due to a defective manufacturing issue.
Get the Legal Help You Need to Hold the Right People Accountable
When you seek your compensation alone, it can be tricky to know who to hold at fault for a Colorado Springs truck accident, which may lead you to miss out on the maximum settlement you deserve. When you have a semi-truck accident lawyer in your corner, we can cut through the red tape and arguments and fight for the compensation you deserve. It’s JUST that easy!
When the time comes to fight for you, Heuser & Heuser, LLP, is ready to stand up. All you have to do is give us a call at 719-520-9909, or fill out our online form, to get your free case review. It’s JUST that easy!