Who is Held Liable After a Truck Accident in Colorado Springs?
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(719) 520-9909, or fill out our online form, to get your free case review. It’s JUST that easy!
No Fee Unless You Win
Questions Or Schedule A Free Appointment? Click To Call (719) 520-9909
No Fee Unless You Win
Questions or Schedule A free Appointment? Click to Call (719) 520-9909
Frequently Asked Questions
How Do I Know What My Case Is Worth?
There are a variety of things we look at when evaluating your case and determining its value. We look at how the accident occurred. We look at what sort of injuries you sustained. Do you have a permanent injury that will last the rest of your life? Are you going to have future medical bills? We look at lost wages. Did you lose your job? If you have permanent work restrictions as a result of the accident, you may not be able to find a job very easily in the future. These are some of the factors that we look at in evaluating a claim. Every case is unique and different. That’s why at our law firm, every case gets personal attention from the lawyer when it comes time to evaluate.
Why is it Important to Hire a Lawyer?
Insurance companies are in business for a reason: to make money. Anytime they are paying money on a claim, it means less money to their bottom line. They have literally hundreds of adjusters and hundreds of lawyers who are on their side trying to figure out how to prevent money from leaving their checkbooks. Quite frankly, you do need a lawyer to help you through this because your lawyer will make sure you’re properly compensated.
Do Cases Settle Without Going to Court?
Cases settle before going to trial 80 to 90 percent of the time. However, that doesn’t mean there’s not a lot of work involved in getting a case settled outside of court. Sometimes you have to file a lawsuit and do a lot of what I call “legal maneuvering” to get a case settled. That means we take depositions from witnesses to the accident, from police officers, and from your doctors. But, yes, most cases will settle prior to trial.
Do You Get Good Results for Your Clients?
We do get good results for our clients. We have settled hundreds, if not thousands, of cases where we’ve had large settlements. We’ve had substantial verdicts. We go to the mat for our clients if necessary. We’ll appeal cases. We’ll do whatever it takes to make sure our client is taken care of.
See What Our Clients Say
No Fee Unless You Win
Questions Or Schedule A Free Appointment? Click To Call (719) 520-9909
No Fee Unless You Win
Questions or Schedule A free Appointment? Click to Call (719) 520-9909
Our Attorneys
Gordon J. Heuser, Esq.
As a Colorado Springs native, Gordon has been practicing in Southern Colorado for 35+ years.…
Barkley D. Heuser, Esq.
Barkley Heuser is a Colorado native, and has lived in Colorado Springs for over 59…
Brennan D. Heuser, Esq.
Brennan Heuser is a Colorado Native who graduated from the University of Miami, Fl with…
Ask a Question,
Describe Your Situation,
Request a Free Consultation
Contact Us And We’ll Tell You Everything You Need To Know!
Required Fields*
Your Information Is Safe With Us
We respect your privacy. The information you provide will be used to answer your question or to schedule an appointment if requested.
Injured? Contact Heuser & Heuser. We’re on top of it!
Professional Associations
Our Recent Blogs
What You Need to Know About the Colorado Slip and Fall Law
Slip and fall accidents can happen anywhere—a wet store floor, uneven steps, uncleared snow, or…
Who Is Liable When Debris Causes an Accident with an Overloaded Truck in Colorado?
Driving near a commercial truck that’s carrying too much cargo can be dangerous. An overloaded…
Why You Shouldn’t Talk to a Workers’ Compensation Nurse Case Manager in Colorado Springs
If you’ve been injured at work in Colorado Springs, dealing with lost wages, medical treatments,…
Want To Learn More About Your Colorado Car Accident Case? Download Our EBook, On Us!
We wanted to find a way to make your car wreck case even easier for you. That is why we wrote this guide that will provide you with the critical information you need to know about your car accident case.
As car accident law professionals, we have seen too many individuals lose out on their maximum owed compensation. Don’t miss out on the settlement you deserve! In this book, you will learn how to:
- Avoid the key mistakes that can derail your claim.
- Know what you should and shouldn’t say if an insurance adjuster contacts you
- Understand the dos and don’ts of social media.
- Position yourself to collect full and fair compensation for your injuries.
No Fee Unless You Win
Questions Or Schedule A Free Appointment? Click To Call (719) 520-9909
No Fee Unless You Win
Questions or Schedule A free Appointment? Click to Call (719) 520-9909
Our Locations
Heuser & Heuser, LLP
Colorado Springs Office
Our Newsletter
Subscribe to our newsletter, and you’ll get the latest news, delivered right into your inbox every week.