In 2012, there were over 333,000 trucking accidents throughout the United States. These accidents resulted in severe and catastrophic injuries to over 104,000 people. And sadly, over 3,900 of those accidents resulted in fatalities—an 18% increase since 2008.
The reason for these fatalities has to do with distinct differences between large commercial trucks and other motor vehicles on the road. A fully loaded big rig may weigh 25 times that of a passenger car. This enormous weight disparity results in catastrophic accidents with serious and even fatal, injuries.
In a commercial trucking accident, there are usually multiple parties who could be responsible – not just the truck driver. A commercial trucking business employs a variety of individuals and subcontractors to run their business. As a result anyone involved in the commercial trucking business can be to blame for the accident, including the driver, the company that employs the driver, the company responsible for loading the goods, and the owner of the truck.
In the past, trucking companies argued that the liability for accidents stopped with the truck driver, especially if they owned their own trucks as independent owner-operators. The federal government, however, disagreed and banned this type of defense. Now, trucking companies are responsible for all aspects of their trucking operation, even if their drivers are independent.
Federal and state laws require that a certified truck inspector examine all commercial trucks involved in an accident before they are removed from the accident scene. Many commercial trucks are outfitted with dashboard computers that can record important information such as, vehicle speed, rest stops taken by the driver, and the number of times the driver hit the brakes. This information is vital to your case and should be obtained as soon as possible to avoid tampering or loss of evidence.
Trucking companies and their attorneys look for every way possible to reduce their liability—especially after serious trucking accidents. They may accidentally lose valuable black box data or even alter maintenance records and driving logs. An experienced trucking accident lawyer can help you obtain the money you need by aggressively building your case as quickly as possible.
NEVER accept a settlement with a trucking company without first speaking to an experienced lawyer. These settlements are usually only a fraction of what you are entitled to and may not be enough to pay for all of your medical care or lost wages.
If you have been involved in a serious trucking accident, we can help. With the right legal representation from the start, you can protect your rights and obtain the maximum compensation. Call us today for a free review of your case.
As with most any personal injury case, negligence must be shown to substantiate liability. Therefore, a successful case must show that the defendant owed the plaintiff a duty to exercise reasonable care to avoid injury, and failed to perform that duty. Furthermore, it must be shown that this breach of duty caused the plaintiff’s injuries. An experienced Colorado Springs commercial trucking accident lawyer will know how to pursue an investigation and furnish a compelling case for the defendant.
If you have been injured in a car accident in Colorado Springs, contact our experienced Colorado Springs personal injury Law Firm today to schedule a no-obligation consultation and discuss your case. Call us today at 719-694-8515.