Determining who is at fault for a truck accident in Colorado requires two things: investigating the accident and identifying the legal theories to hold a party responsible.
Here is what you need to know about determining fault after a Colorado truck accident.
Who Can Be Liable for a Colorado Truck Accident?
One of the most complicated factors about Colorado truck accidents is that several parties can share in fault for them, including:
Truck Driver
Truck drivers can be held liable for accidents that they cause through their negligent driving, such as:
- Speeding
- Drinking and driving
- Texting while driving
- Failing to yield the right-of-way
- Making turns that are too wide or overcorrecting
- Driving too fast for road or weather conditions
- Making improper lane changes
- Tailgating
- Distracted driving
They are also responsible for obeying hours-of-service regulations by taking regular breaks and not exceeding maximum hours. They must also regularly inspect their rig and at certain intervals to ensure the load is properly secured.
Trucking Company
Trucking companies can be held responsible for the negligent actions of their drivers, regardless of the driver’s employment status as an employee or independent contractor.
Additionally, truck companies can be held liable for their own forms of negligence, such as:
- Failing to conduct proper background checks or hiring unsafe drivers
- Failing to provide necessary training
- Failing to maintain their fleet of trucks
- Encouraging drivers to violate hours-of-service rules
- Failing to conduct required drug and alcohol testing
Truck or Parts Manufacturers
The manufacturer of a defective truck or part that contributed to the accident can be held legally responsible when the accident is caused by defective products.
Cargo Loading Companies
If a third party loaded the cargo onto the truck and it shifted, causing a jackknife or rollover accident, the cargo loading company could be legally responsible for the resulting damages.
Other Parties
Other drivers could have cut off the truck driver or otherwise acted negligently in causing the crash. Government agencies could have contributed by failing to properly design or maintain the roadway. Mechanics could have performed negligent repairs.
An experienced truck accident attorney can carefully investigate your accident to determine how it happened and who is responsible.
Denver Truck Accident Attorneys
Investigating Truck Crashes
Investigating truck crashes often requires an in-depth evaluation of the factors that contributed to the crash. This process may involve:
- Reviewing police reports
- Interviewing witnesses
- Examining the accident scene
- Analyzing damage to vehicles
- Reviewing the driver’s logbook and the truck’s maintenance records for regulatory non-compliance
- Gathering traffic camera footage or footage from the truck’s onboard camera
- Extracting data from the truck’s electronic logging device or event data recorder
- Consulting with expert witnesses
Contact Us for Help with Your Truck Accident Case
At Dulin McQuinn Young, we have extensive experience investigating truck crashes, identifying all at-fault parties, and securing maximum compensation for our clients. We can help guide you through the legal process of demanding the justice and compensation you deserve.
Contact our personal injury law firm today for a free, no-obligation consultation.