Colorado’s top truck accident attorneys

There are over 13,000 trucking companies located in Colorado, many of which are focused on intrastate (Colorado-only) transport. By “truck”, we mean any vehicle weighing over 26,000 pounds (or 10,000 pounds in commerce) and can be defined as a semi-truck, tractor trailer, 18-wheeler, tank truck or tanker truck, garbage truck or any similar variation. Every trucking company working within state lines in Colorado is required to carry liability insurance policies based on the type of vehicle, with insurance minimums ranging from $750,000 to upwards of $5,000,000. This is the mandate for Colorado.

But there are even more interstate truck carriers that cross our state lines. According to the U.S. Department of Transportation, as of February 2021, the number of for-hire carriers on file with the Federal Motor Carrier Safety Administration totaled 996,894, the vast majority of which are interstate. These are the truckers traveling coast-to-coast, often under the banner of one of the big truck carriers in the U.S. Think J.B. Hunt, Knight-Swift, UPS, FedEx, XPO Logistics, Old Dominion, to name just a few. These truck carriers typically have multimillion dollar insurance coverage, due to the inherent nature of the cross-country journeys and unfamiliar travel terrain. Many of these carriers also have large corporate policies, as the top 50 for-hire truck carriers in the U.S. have massive annual revenues: #1 carrier, UPS, makes $84 billion a year, while #50 Smith Transport, makes $246 million a year as of the end of 2020.

With so many truck carriers, both interstate and intrastate, it may be difficult to determine the name of the truck carrier, which maybe be doing business as (DBA) another entity. Proper and timely investigation can help determine the parent company or the proper contact. For general information about truck carriers, please visit our Trucking Companies page of the website.

Maintenance issues: Preemptive maintenance is an essential part of trucking safety; however, taking the truck off the road to perform this maintenance costs the trucking companies money (and short-term profit). For this reason, some trucking companies forgo necessary maintenance on their fleet until it is too late. Deferring service work is against the law, and our commercial truck accident attorneys will hold the trucking company accountable. Truckers rely on their brakes, meaning they’ll demand more maintenance than other parts of their truck; almost 30% of truck accidents are attributable to faulty brakes. Trucking companies must routinely check tires for signs of wear and keep them inflated to proper pressure; nearly 90% of tire failures are attributed to under-inflation. A blowout can have significant consequences; a truck driver may lose control and swerve into traffic, or truck tire debris may put others at risk.

Defective equipment: Third parties such as part manufacturers could be liable for truck accidents where technology caused the driver to lose control of their rig. Issues with connecting parts could also be at play. For example, hitches can become defective with lack of maintenance. Hitches are only meant to bear a certain amount of weight; if the truck is overloaded regularly, its hitch may break down at a faster rate.

Cargo loading issues: Improperly loaded cargo makes the vehicle less responsive to steering and braking maneuvers, which can cause the driver to lose control. Shifting cargo can cause a truck to roll, jackknife or even swerve into oncoming traffic. Trucking companies or even third-party brokers are responsible for establishing procedures that address payload characteristics during loading and unloading. Our Colorado truck accident attorneys can investigate these issues, and pinpoint the parties responsible.

Tight deadlines = speeding: Some trucking companies put a great deal of pressure on drivers to move cargo quickly to maximize profits. A 2014 study by the National Institute for Occupational Safety and Health (NIOSH) showed that, of the 1,265 long-haul truck drivers interviewed, nearly 75% believed that their delivery schedules were too tight. Nearly 23% of all truck crashes are a result of speeding, according to FMCSA. And the trucking company bears significant liability for pushing their drivers with unrealistic schedules.

Tight deadlines = hours of service violations: Truck drivers are often under pressure to work long hours. Although the law requires truck drivers to take a certain amount of rest, some drivers ignore this to meet the schedule outlined by their employers.

Substance use: Truck companies and carriers are legally mandated to drug test drivers as: 1) a pre-employment requirement; 2) mandated after certain types of accidents; 3) a condition of random drug testing of its the driving fleet members throughout the year; 4) required after reasonable suspicion of drug use; and as 5) a condition to return to duty after testing positive. Yet, approximately 50% of truck drivers have admitted to drinking on the job, and nearly one in three truck drivers has used amphetamines while working, according to the American Addiction Centers.

If you suffered an injury in Colorado truck accident, due to the trucker’s or truck carrier’s negligence, you need to know the statute of limitations. A statute of limitations refers to the state limit for how long after the accident a plaintiff can sue for negligent conduct against the at-fault driver. After this time interval passes, the plaintiff may no longer file a personal injury lawsuit for compensation. For Colorado automotive accidents involving cars or trucks (tractor trailers, 18-wheelers, semis, etc.), the statute of limitations is three years from the date of the accident by which to sue the at-fault driver.

If the truck carrier's insurance policy doesn't cover the extent of catastrophic injuries, the plaintiff can also seek his/her own UM/UIM (uninsured/underinsured) insurance coverage. The statute of limitations for filing a UM/UIM case is 2 years after receipt of the check from the bodily injury settlement/verdict. To understand more about the statute of limitations, speak with a Boulder County-based truck accident attorney.

Start with the obvious. Under Colorado law, you are required to exchange your insurance and contact information with the other driver in an accident. Ask the truck driver for his or her name, insurance information, address, the name of the trucking carrier, and the DOT number of the truck. If you are incapacity to collect this information, make sure you get the police report in short order. All of that information should be on the report; if not, make sure you contact the trucking carrier to get that information. Also make sure you get the names and numbers of any witnesses on the scene, who are usually detailed in the police report. From there, start collecting your medical records, medical referrals, and make sure your employer marks down your out-of-office days and lost wages. A truck accident attorney will be able to assist you in this process.

If you are injured in a truck accident that is not your fault, the truck driver — through the truck carrier’s commercial vehicle insurance policy — is accountable for your medical bills. This is theoretically what should occur, but often times, you will have to pay your co-pays and deductibles or other arrangements with health care providers. That is why we recommend paying auto insurance premiums for MedPay coverage. The Colorado MedPay law came into effect in January 2009; the law helps protect drivers needing medical attention following an auto-truck accident. MedPay coverage through your own insurance is fairly inexpensive, yet provides $5,000+ in medical coverage without any deductible in the year following the crash.

Yes! Behind these big truck companies are equally large insurance companies, typically with multi-million dollar insurance policies. Even a mom-and-pop single trucking operation will have $750,000 in coverage in Colorado. But the insurance companies will push you to settle for less and deny reasonable treatment, counting on the injured person to cave under a mountain of medical bills and lost wages from time out of work. Insurers may not reveal all of the benefits or coverages available, taking advantage of unaware consumers with low-ball settlements. Without appropriate legal counsel, you may be persuaded into accepting a settlement that doesn’t cover your future medical bills.

Never accept a settlement over the phone. On the first day or two after the accident, you have no idea what medical bills you are going to have, how long you may be off work or how much it will cost to repair your car, truck or motorcycle. If you take the settlement offer, you will likely be settling for far less than you need for future care, wage loss, etc. Insurance companies for truck carriers bank on this to limit their liability (i.e. pay way less than you need for future care).

Colorado truck accident attorneys should serve as legal advocates with specific training, resources and experience in the field of trucking law. Our legal team are members of the Academy of Truck Accident Attorneys, with specialization that allows us to hone in on truck accident case dynamics, working with truck driver experts, accident reconstructionists, electronic module/data extraction companies and much more. Our team regularly attends ATAA conferences and other nationwide seminars on the trucking industry standards.

Truck accidents are not like most auto accidents; injuries are often more severe, the Federal rules/regulations of commercial truck driving are more complex and the at-fault parties can be many (including but not limited to: the truck driver, the trucking company, truck/parts manufacturers and third-party brokers). Before retaining a truck accident lawyer, be sure to ask about their recent truck accident cases.

Not all truck accident cases go to trial; sometimes your attorney can reach an fair settlement with the truck carrier's insurance. In other instances, the truck driver's insurer fails to offer reasonable compensation to take care of your injuries, medical bills, future treatment, etc., which will force you to go to trial. Because of this possibility, it is critically important that your truck accident attorney be willing to fight for you — all the way to court.

Most truck accident attorneys operate on a contingency fee, meaning that they take a percentage of your settlement or verdict. (If your lawyer isn’t able to recover any money, you don’t owe any legal fees.) Most truck accident lawyers’ percentages start at around 33%, but this may be higher if the case progresses to trial. to reflect the additional work the lawyer does on your behalf. This percentage may not include filing fees, expert witness fees and administrative costs. Most offices offer free consultation where you can discuss your case.

Does your 18-wheeler accident attorney take time to understand your case from every angle? Do you feel comfortable talking to them about medical issues, pain and suffering, financial limitations, and how your accident has affected your personal life? Do you understand what they’re telling you, or does it all sound like “legalese”? Truck accident lawyers are advocates — and it’s important that you feel comfortable talking to them as you would a doctor or trusted friend.

Every attorney wishes they could guarantee a successful outcome with every case; however, the reality is each case is different, and trial outcomes are never certain. An honest truck accident lawyer will be up front about this, which may feel like they are setting expectations lower than you would like. The truth is: lawyers are bound by strict rules of conduct, and are not allowed to make promises about the expected outcome of your case.