Whos responsible & what to expect
Drivers of large trucks and other vehicles involved in truck crashes are ten times more likely to be the cause of the crash than other factors like weather, road conditions, and vehicle performance.* Ongoing driver fatigue and excessive speeds create an especially dangerous combination, and a resulting accident can be catastrophic.
If you believe that your traffic accident occurred because of truck driver negligence or other driver-related factors, you should talk to an attorney about what happened, whos responsible, how you will pay for medical expenses and loss of income, and whether you may have a potentially successful case.
We understand that you may feel confused about the details or wondering if you could have done something to avoid the accident. But you also want to take some control of what happened to you, and what will happen next. Youre in the right place.
The attorneys of Chalat Hatten Koupal & Banker have represented victims in every type of roadway truck accident, and with every type of injury or circumstances of wrongful death. We know that deep experience, insight, and compassion are required. As the victim you are likely facing many months of painful physical and emotional recovery; or as the bereaved family, your suffering is already unimaginable. Wed like to be the experienced legal ally on your side, letting you focus on the difficult process of healing and closure, starting now.
* Source: The Federal Motor Carrier Safety Administration
Straight answers start here, with a basic overview of truck accidents.
While the law is complex, we believe that an informed client is a more engaged and successful client. In a difficult situation, information is power. Read through our responses to the most common questions, or bookmark this page for later.
Either way, please call us for a free one-on-one conversation with an attorney. Well take the time to explain and collaborate at every step, and youll see why our clients say that we are as invested as they are in a successful outcome.
Who is held responsible for my trucking accident?
In 2012, crashes involving large trucks resulted in 3,921 fatalities greater than one out of every ten deaths results from an accident with a large truck or semi. Colorado experiences about 50 fatal large truck accidents each year, not surprisingly the majority of these occur along Highway I-25 and Highway I-70 west of the Continental Divide.
Most serious truck accidents will be assessed by the attending police officer or state patrol, but resulting traffic citations may not determine the responsibility in a civil lawsuit. Your personal injury claim for the semi truck accident may even be filed in a different court from the traffic offenses. If you believe that your traffic accident resulted because of the negligence of a large truck, then you should speak to an attorney.
What makes a truck accident case unique?
Drivers of large trucks and other vehicles involved in truck crashes are ten times more likely to be the cause of the crash than other factors, such as weather, road conditions, and vehicle performance according to a recent study released by the Federal Motor Carrier Safety Administration. The primary causes of truck accidents include:
- Excessive speed
- Poor driving
- Improperly loaded cargo
- Driver fatigue
- Unsafe road conditions
- Equipment defects (such as: tires, brakes)
- Truck design defects
- Poor maintenance
- Inadequate or obstructed signage
- Road construction
Driver-Related Factors
The top problem for any truck driver is the constant race against at time. This pressure encourages two of the most dangerous conditions for those sharing the road with the big rigs excessive speed and driver fatigue. More than one-fourth (26%) of all drivers of large trucks involved in fatal crashes in 2004 had at least one prior speeding conviction, compared to 19% of the passenger car drivers involved in fatal crashes. The NHTSA blames driver fatigue for 31% of all truck driver fatalities.
Increased Stopping Distance
The unique features of large rigs also contribute to many accidents:
- Stopping distance for a truck is dramatically greater than a car for a speed of 65 mph it takes a car about 162 feet to stop, but a semi-truck needs about 420 feet to stop.
- For bobtails (trucks without a trailer) and empty trucks, the stopping distance is even greater because the lighter load has less traction.
- Heavy trucks are designed with brakes, tires, springs and shock absorbers optimized with the weight of a full load.
Under riding
One of the most deadly type of accident results when trucks lack adequate safeguards on the rear of the truck to prevent vehicles from underriding. A car underrides a truck when the truck brakes quickly and the car fails to stop before plowing into, and under, the semi typically shearing off the top of the car. Underrides kill approximately 1,000 persons each year, and all of them are car occupants only about 2% of those occupants survive the accident. These accidents occur because trucks stop or slow suddenly and the driver of the car is unable to avoid rear-ending the truck. Those traveling in passenger vehicles must drive defensively when sharing the roads with the increasing numbers of semi-trucks, to avoid the awful consequences of large truck accident.
According to the federal motor carrier safety administration, big trucks are also regularly operated with safety defects. In both 2007 and 2008, more than one of every five trucks that were inspected was placed out of service for deficiencies that prevented it from continuing to operate (FMCSA 2008, Commercial Vehicle Safety Alliance (CVSA) 2008). The recent Large Truck Crash Causation Study released by FMCSA found that 29 percent of the trucks studied had brakes out of adjustment (FMCSA 2006).
Rental Trucks and Moving Vans
Accidents involving rental trailers and moving vans have a much higher incidence than those involving household vehicles for two reasons:
These vehicles are typically being driven by inexperienced drivers, unfamiliar with the turn radius and handling characteristics of the vehicle. Also, inexperienced drivers can incorrectly load cargo into the vehicle, resulting in a dangerously unbalanced load. Some rental companies routinely cut expenses by reducing maintenance on fleet vehicles, resulting in unsafe vehicles that are rented to unsuspecting consumers.
Other motorists are not the only victims of a moving van or rental trailer accident. Due to their unfamiliarity with the truck and the weight of the cargo, inexperienced drivers may not be able to stop quickly enough for a pedestrian or bicyclist. Hitting a pedestrian can be devastating, causing serious injury or death.
Failure to Put Chains on a Commercial Vehicle
Drivers of commercial vehicles who ignore the chain law can be fined $500, plus a surcharge, for not putting chains on their vehicles when required. A driver can be fined $1,000 plus a surcharge if the vehicle is not chained when the law is in effect and, as a result, blocks the highway.
If the driver of a commercial vehicle ignored the tire chain law and caused an accident in which you were injured, we can help. Our firm aggressively advocates for clients who have been injured by truck drivers negligently driving without chains in poor weather and road conditions.
Complex Insurance Picture
Our experience and knowledge extends to insurance questions and details including primary auto coverage, under-insured and un-insured policies, stacking, excess and umbrella coverage, permissive driving coverage, family car doctrine, bad-faith and excess claims. With large truck accidents, there are typically layers of insurance, including the coverage held by the truck driver personally, the truck owner, the leasing company, the truck company and possibly the owner of the load. If you have a large truck accident with complications in insurance coverage, we have the experience to assist you.
What to expect from a truck accident lawsuit?
Investigation and research is the starting point for a successful truck accident claim. Close review of the accident scene will help identify the primary factors contributing to the large truck accident. We have working relationships with well-qualified engineers and traffic accident reconstruction experts whom we retain as is necessary for our clients. Through these expert-witness relationships, evidence, and study, we have gained and can employ, for the benefit of our clients, our working knowledge of momentum analyses relating to accident reconstruction, Event Data Recorder (EDR) evidence, and US DOT coding.
A successful claim for a truck accident usually involves serious damages. We have represented victims who were airlifted and hospitalized for Level 1 care. Therefore we understand the implications of complex, multiple and high-trauma injuries, related surgical procedures, and rehabilitation. Our experience has involved every Level One hospital, and pediatric facility, in Colorado. We have a solid reputation for ethical and informed relationships with the medical staffs in these hospitals, as well as with the rehabilitation community including Craig, Spalding, and other rehab/TBI/SCI institutions.
The nature of the injuries suffered in many large truck accidents often means expensive treatment and rehabilitation are needed over a long-term period. Other expenses which arise include future medical expenses, often coupled with a loss of income if the victim was previously employed. Other family members lose time away from work. The injured victim may seek compensation from the negligent party for all of these expenses. Read more about Damages.
Accidents happen. Whats next?
Chalat Hatten Koupal & Banker can help. Lets talk one-on-one about your case. Well answer your questions during a free, no-obligation consultation.
Call 303.861.1042 today.
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