Our Elsmere truck accident lawyers can assist in gaining the maximum possible settlement if you’ve suffered injuries from a wreck that wasn’t your fault. Truck accidents account for 11% of all fatal motor vehicle accidents, leaving a large number of survivors with life-changing injuries.
If you’ve been a victim of a truck accident, please contact our experienced Elsmere Truck Accident Lawyers today for a free consultation.
Proudly Serving Elsmere
Why Hire an Elsmere Truck Accident Lawyer
Win The Maximum Possible Settlement
Truck accident injuries are often life-changing. You must be compensated sufficiently to avoid suffering long-term financial difficulties and an inability to recover or adapt to your life.
Insurance companies are aware of this but consistently try to minimize their expenses. They’re for-profit companies.
Our Elsmere Truck Accident lawyers will fight hard to win you the settlement you deserve.
Fight Greedy Insurance Companies
Insurance companies in Elsmere are well-known for exploiting desperate trucking accident victims. They use tactics like manipulation, bullying and ghosting to lure victims into low-ball offers.
Our Elsmere truck accident lawyers will take on insurance agents and opposing lawyers, on your behalf. We’ll handle all the paperwork, emails and calls so you can rest and recover.
We’ve been on the other side of the table and know their tricks and won’t fall for them.
We Have the Resources to Win
Proving the true value of your accident requires evidence. Evidence is hard to find alone. But with our impressive resources, we can conduct investigations and research that create an irrefutable case.
We regularly use crash, injury and financial experts to win the maximum possible settlements. From collecting CCTV data to gaining injury specialist testimonies, your insurer will be forced to take notice.
Denver Truck Accident Statistics
Fatal Large Truck Crashes:
- 2010: 3,271
- 2011: 3,365
- 2012: 3,486
- 2013: 3,486
- 2014: 3,429
- 2015: 3,622
- 2016: 4,177
- 2017: 4,367
- 2018: 4,461
- 2019: 4,502
- 2020: 4,444
Injuries from Large Truck Crashes:
- 2010: 56,000
- 2011: 60,000
- 2012: 73,000
- 2013: 69,000
- 2014: 82,000
- 2015: 83,000
- 2016: 97,000
- 2017: 102,000
- 2018: 107,000
- 2019: 114,000
- 2020: 101,000
El Paso Truck Routes
El Paso County’s truck route zones can be viewed here.
How to Get Compensation After an Elsmere Truck Accident Injury
File a Personal Injury Claim
After a truck accident in Elsmere that wasn’t your fault, you can file a personal injury claim. This lawsuit will seek to gain the maximum possible settlement for your injuries and tends to get the opposing parties to take things seriously.
Florida is an ‘at-fault’ state, so you will need to deal with the opposing party’s insurer. They will typically send you a settlement offer, which will almost certainly be initially too low. Your Elsmere truck accident attorney will negotiate with them using the evidence collected through investigations.
To win a personal injury claim in Colorado, you must prove the other party was at fault. This is achieved by proving negligence.
Negligence is the failure to uphold a duty of care. In truck accidents, negligence can be found in many different ways such as speeding drives, maintenance failures or dangerous road conditions.
To prove negligence, you must demonstrate:
- Someone owed you a duty of care.
- That person breached the duty of care.
- The breach resulted in your injuries.
To prove negligence, our Elsmere truck accident lawyers will collect evidence. This is done by utilizing our resources. Common examples of truck accident evidence collection include:
- Police reports
- CCTV footage
- Dashcam footage
- Speed camera data
- Crash reconstruction experts
- Financial experts
- Medical experts
- Truck maintenance reports
- Eye witness reports
- Other specialists
How Long Do I Have to Make a Truck Accident Claim in Elsmere?
The state of Colorado’s Statute of Limitations limits you to three years for a personal injury claim involving motorized vehicles. (§13-80-102 and §13-80-101).
However, if you’re filing a claim against a government entity, you must do so within 180 days of the accident. Failure to meet this limit can see your claim get rejected.
Contact our Elsmere truck accident lawyers today to get started.
Who Was At-Fault for My Truck Accident in Elsmere?
33.2% of fatal truck accidents are caused by some type of driver error in the U.S. This covers a wide range of reasons, from speeding and drunk driving to fatigue and distraction.
If a truck driver was at-fault for your accident, it will likely be the trucking company that is liable as it’s their employee.
The trucking company may be liable for your truck accident for many different reasons, such as if they didn’t schedule for the driver to take adequate rests, or ensure the driver was properly qualified or trained.
Trucks are extremely heavy vehicles that can become wrecking balls if they suffer a part failure (such as the brakes). If our investigations reveal that a truck part was defective and caused the accident, then the truck manufacturer may be liable for your damages.
Truck Maintenance Providers
Trucks must be regularly maintained to prevent accidents. If the maintenance provider failed to identify a problem or skip the maintenance entirely, then they may be liable for any accident caused as a result.
Other Vehicle Drivers
Your accident may have also been triggered by another road user, such as a car driver. In these cases, multiple parties may be at fault. Our Elsmere truck accident lawyers will be able to determine which party’s insurance to confront.
The Distributor or Shipping Service Provider
Distributors and similar parties must load the trucks carefully to avoid weight imbalances. This is especially true on El Paso’s twisting mountain roads, as trucks are at risk of tipping over around curves and may struggle to slow safely.
Elsmere’ roads, traffic signals and speed limits are controlled and maintained by local, state and federal government agencies. There are also trucks and large buses operated by these parties.
If your injuries were caused by one of these parties, it can be a complex task to make the claim (as there are unique laws) but very possible. For government agency personal injury claims you only have 180 days to file a personal injury claim.
What is a Truck’s ‘Black Box’?
Just like airplanes, trucks in the U.S. must have a ‘black box’. This device records and reports specific data that can be used to reveal the truck and driver’s behavior in an accident. Our Elsmere truck accident attorneys will work to acquire the black box to reveal:
- The truck’s speed
- Precise GPS location
- Whether the truck driver was wearing a seat belt
- The steering angle
- The use and force of brakes
- The truck’s RPM
- Airbag status
- Cruise control settings
- Throttle application
- Tire pressure
- Communication information
Common Causes of Elsmere Truck Accidents
The FMCSA reports the following as the top causes of truck accidents:
- Driver: 87%
- Non-Performance (E.g. sleeping, heart attacks, or physical impairment): 12%
- Recognition (E.g. Inattentive, distracted or failing to observe the road): 28%
- Decision (E.g. Driving too fast, misjudgment other vehicles or following too closely): 38%
- Performance (E.g. Panicked driver, overcompensated or poor directional control): 9%
- Vehicle-Related Factors: 10%
- Environment: 3%
The other top ten associated facts include:
- Brake problems
- Traffic flow interruption (congestion, previous crash)
- Prescription drug use
- Traveling too fast for conditions
- Unfamiliarity with roadway
- Roadway problems
- Required to stop before crash (traffic control device, crosswalk)
- Over-the-counter drug use
- Inadequate surveillance
What Damages Could I Win For My Elsmere Truck Accident?
Our Elsmere truck accident lawyers can determine the true cost of your injuries by calculating the following damages:
Damages determined by monetary worth:
- Medical Expenses: Expenses you’ve had to pay since the date of the accident, such as specialist appointments, medication and emergency room trips.
- Rehabilitation Costs: Expenses for rehabilitation to recover since the accident, which may include an estimated cost of ongoing rehabilitation and therapy.
- Treatment Costs: Often of high value, all treatment costs such as surgery and medication must be compensated for.
- Lost Wages: Any income you’ve missed out on as a result of the accident should be compensated.
- Loss of Future Earnings: If you had a chance at promotion that has now been lost, or you will have to take further time off work then it should be compensated for.
- In-Home Care Expenses: The hiring of in-home care services.
- Medical Equipment Costs: The installation of in-home equipment or other specialist medical equipment.
- Transportation Expenses: Any transportation expenses related to the accident, including taxis, ambulances and flights.
Non-economic damages are those that do not have a monetary value attached but may warrant the claimant to be compensated.
- Loss of Enjoyment of Life: The loss of your ability to enjoy life as you once did. Such as no longer being able to do hobbies, travel, socialize or even speak.
- Loss of Consortium: The loss of comfort and protection your family has suffered.
- Depression: A mental health illness that can have a devastating impact on daily life.
- Post-traumatic Stress Disorder: Similarly, PTSD may disrupt your life with flashbacks, nightmares and day-to-day anxiety.
- Pain and Suffering: The ongoing pains and discomforts you experience as a result of your injuries.
- Scarring and Disfigurement: Physical scars or changes can be very impactful, as both your self-confidence and standing in society may take a hit.
- Long-Term Disability: Long-term disabilities are life-changing. The impact and changes to one’s life must be factored into calculations.
Common Injuries of Truck Accidents in Elsmere
El Paso has roads notorious for auto accidents that result in serious injuries. Our Elsmere truck accident lawyers have helped victims of:
- Back, shoulder, and neck injury
- Brain Injury
- Burn Injury
- Catastrophic injury
- Chest injury
- CElsmereing injury
- Eye injury
- Fractures and broken bones
- Head injury, including concussion
- Scarring & Disfigurement
- Soft tissue damage
- Spinal Cord Injury
- Traumatic brain injuries
Types of Trucks on Elsmere Roads
In Elsmere and El Paso, we see a large variety of trucks involved in accidents. These include:
Tractor-trailers, also referred to as ‘semis’ or ‘big rigs’ are a combination of tractor unit and one or more trailers. They often weigh several tons, making them devastating rocking balls in accidents.
Dump and Garbage Trucks
Garbage trucks are specifically designed to collect municipal waste and transport it to a waste treatment facility, such as a landfill. Their large weight and risk of dropping debris make them prone to truck accidents.
Tanker trucks carry hazardous liquids, gasses and toxic chemicals making them extra dangerous vehicles on Elsmere’ roads. They must be maintained and operated with extra care due to the risk of explosions, leaks or fires.
Flatbed trucks, or ‘flat deck trucks’ have a flat, level ‘bed’ body with no sides or roof. Their cargo must be secured with care, as it poses a risk of coming loose or causing the trailer to swerve.
Tow trucks, or ‘wreckers’, are used to move disabled, improperly parked or impounded vehicles. With extreme weight and large towing arms, collisions cause catastrophic accidents and injuries.
Moving trucks such as U-Haul, Budget, Penske and Ryder are prone to accidents as they are often rented by regular drivers who have not been given the same training as commercial drivers. Blind spots and unbalanced cargo placement can lead to accidents.
What if Someone Dies in a Truck Accident in Elsmere?
If you’ve lost a loved one in a truck accident, we are deeply sorry for your loss. You can file a wrongful death claim to recover expenses lost related to the accident. Our compassionate Elsmere truck accident attorneys welcome you to receive a free consultation.
Elsmere Truck Regulations
There are over 13,180 trucking companies in the state of Colorado. Our roads are heavily populated by these heavy-duty vehicles, but they must follow strict rules and regulations. Any failure to uphold these standards and cause an accident would make the relevant party liable.
- Maximum Weight on any one axle (with low-pressure tires): 20,000 lbs
- Maximum Gross Weight of Single Vehicle with two axles: 36,000 lbs
- Maximum Gross Weight of Single Vehicle with three or more axles: 54,000 lbs W= 1,000 (L+40), W= the gross weight in pounds, L= the length in feet between the centers of the first and last axles of such vehicles or combination of vehicles, but in the computation of this formula, no gross vehicle weight shall exceed 85,000 lbs.
- Maximum Height (Total distance from the ground to top part of load): 13’0″
- Maximum Width: 8’6″
- Maximum Length of any Single Vehicle: 45’0″
- Maximum Length of any Combination of Vehicle: 70’0″
- Air Compression Brakes (Jake Brakes) are prohibited within City Limits.
What to Do After a Truck Accident in Elsmere
If you or a loved one have been involved in a truck accident in Elsmere, please take the following steps:
Receive Medical Attention
Your health and safety is the priority. Please receive medical attention, even if you don’t believe your injuries are serious. Whiplash and brain injuries can arise days or even weeks later.
If you can, we advise that you take photos of the accident scene including:
- Your vehicle
- The truck
- Road conditions
- Skid marks
- Your injuries
Collect Witness Information
If possible, collect witness contact details.
Never Admit Fault
Never admit fault after an accident. The reality of the accident may be very different to what your emotions feel it is in the immediate aftermath. Our analysis later will uncover the truth.
Contact a Denver Truck Accident Lawyer
Never accept an offer from an insurance company or opposing party without speaking to an Elsmere truck accident lawyer. These offers are rarely ever sufficient. Our attorneys will calculate the true value of your damages to avoid you being left in financial ruin.
Please contact us immediately for a free consultation so we can advise your next steps.
Retain Medical Evidence
Always keep medical evidence, such as photos, medical bills and doctor’s notes. These can be used to prove a link between the accident and your injuries, to reveal the true cost of your damages.
We advise this as an ongoing habit throughout your case, from your initial doctor’s visit to return trips and related expenses.
Hire a Truck Accident Lawyer in Elsmere, Denver
If you’ve suffered an injury from a truck accident in El Paso and its surrounding areas, our Elsmere truck accident lawyers welcome you to contact us today for a free consultation.
Sean McQuaid and Jonathon Douglas are award-winning Personal Injury Attorneys with vast experience, a proven track record, a strong reputation and impressive resources. We believe we provide the strongest chance of winning the maximum possible settlement to rebuild your life.