When you’re involved in a truck accident, the consequences can be severe. The size and weight of commercial trucks often lead to more significant injuries compared to accidents involving smaller vehicles. In 2024, Colorado alone reported 1,807 crashes involving large trucks, with 80 of them resulting in fatalities.
You can file a claim to recover damages if you or your loved one was involved in a truck accident in Colorado. One crucial aspect that can determine the outcome of your personal injury case is whether negligence was involved.
Trucking company negligence can significantly affect your case, particularly when the actions or inactions of the enterprise played a role in causing the crash.
Let’s learn what trucking company negligence means and how it affects your claim.
What Is Trucking Company Negligence?
Trucking company negligence can take many forms, from poorly trained drivers to a lack of vehicle maintenance or failing to follow legal guidelines about driving hours. This typically leads to accidents and severe injuries.
Common types of trucking company negligence include:
1. Driver Fatigue
Truck drivers are subject to federal regulations that limit how many hours they can drive each day. According to the Federal Motor Carrier Safety Administration (FMCSA), drivers are limited to 11 hours of driving within a 14-hour workday, with mandatory rest periods to ensure they are well-rested and alert.
Unfortunately, some trucking companies push drivers beyond these limits to meet delivery deadlines. Fatigue can impair a driver’s ability to make quick decisions, increasing the likelihood of accidents.
2. Lack of Vehicle Maintenance
Commercial trucks require regular maintenance to stay safe on the road. Neglecting routine inspections or failing to fix vehicle problems, such as faulty brakes or worn-out tires, can result in accidents. Trucking companies are responsible for ensuring their trucks are safe and in working condition.
3. Inadequate Training
FMCSA’s Entry Level Driver Training (ELDT) sets the baseline for truck drivers. They need to have a CDL and be trained to handle the challenges of driving large rigs. Without proper training, drivers may not know how to respond to emergencies or to safely drive their vehicles. This lack of training can lead to accidents that could have been prevented.
4. Overloading or Improper Cargo Loading
Trucks need to be loaded according to weight limits, and cargo must be secured properly. An overloaded or improperly loaded truck is difficult to control and may cause accidents. Trucking companies are responsible for loading their fleet within the prescribed limits.
Trucking companies must comply with federal and Colorado state laws to maintain safety. This includes rules on driver hours, vehicle inspections, and even the types of cargo that can be transported. Ignoring these regulations can put everyone on the road at risk.
If you’ve been injured in a truck accident because of a trucking company’s negligence, you may have a personal injury claim. Speak with a truck accident lawyer as soon as possible to see if you can file a claim and what legal steps you can take.
How Negligence Affects Your Personal Injury Case
When negligence is proven in Colorado, it can significantly impact the outcome of your personal injury case. In addition to proving fault, negligence determines the extent of liability and compensation you may receive.
Here’s how:
1. Increased Liability
When a trucking company is found to be negligent, they are more likely to be held accountable for the accident. You can work with a Colorado truck accident lawyer to prove how the company’s actions directly contributed to the crash.
2. Greater Compensation
If negligence is involved, you may be eligible for higher compensation. Since the trucking company is responsible for the actions of its drivers, as well as for upholding safety standards, a seasoned truck accident lawyer can help you pursue maximum compensation. The more negligent the company, the higher the potential payout to the victim.
3. More Parties to Hold Responsible
Truck accidents often involve more than just the truck driver. Third parties such as vehicle maintenance companies, cargo loaders, or even manufacturers can also be at fault. By proving negligence on the trucking company’s part, your claim can expand to include these other parties. This increases the likelihood of recovering a substantial settlement.
4. Punitive Damages
If the trucking company’s actions were particularly reckless, punitive damages could be awarded. These damages serve to punish the company for its behavior and to deter future misconduct.
While trucking company negligence increases your chances of recovering damages, these claims are tricky. You should consult a competent Colorado truck accident lawyer as soon as possible to understand your legal options.
Final Thoughts
Truck accidents can cause severe injuries, but when trucking company negligence is involved, it can make your case more complicated. You should work with a skilled truck accident lawyer who can help you prove negligence and fight for the compensation you deserve. That’s where we come in.
Manning Herington Accident & Injury Attorneys is here to help you. If you’ve been injured in a truck accident in Colorado, don’t wait. Speak with our lawyers immediately to see how you can recover the compensation you deserve.
Call 720-649-4747 or fill out our online form now.
