Colorado is known for its beautiful but dangerous mountain roads, particularly in mountainous areas such as Colorado Springs. The number of truck accidents increases in areas where the weather and terrain are treacherous, which means that Colorado Springs sees a high percentage of trucking accidents each year as compared to other parts of the country. These accidents are often the driver and / or trucking company's fault, but they can also be due to the weather, poor road maintenance or design, and other circumstances outside of the accident victim's control.
Attorney Ted Bills is a seasoned Colorado Springs truck accident attorney with 15+ years of experience successfully negotiating settlements and handling cases that go to trial. He has defended insurance companies in the past and uses that knowledge today to litigate for compensation on behalf of his personal injury clients.
To obtain compensation for your truck accident, you will need to face the big trucking company and their insurance.
To file a truck accident claim in Colorado, you must do the following:
- Consult with an attorney. It is vital that you have a skilled lawyer when you do so to ensure that you have a strong argument and that you receive the compensation you deserve. An attorney will be able to evaluate the strength of your claim and advise you on the best course of action.
- Investigate the crash. Your attorney will gather evidence such as eyewitness accounts, police reports, photographic evidence, medical records, and more to determine the cause of your collision and establish liability. You may have a claim to compensation if it can be proven that the truck driver, the trucking company, or a third party violated certain regulations or safety policies prior to your crash, such as exceeding weight limits, driving too many hours without rest, or improper vehicle maintenance.
- Negotiate with insurance companies. Once your attorney has gathered enough evidence and crafted a clear picture of your accident's various causes, negotiations will begin with the responsible parties and their insurance companies. Insurance companies will often attempt to offer as little as possible to settle the matter and minimize their losses, which is why it is crucial to have an experienced legal advocate on your side to maximize your chances of securing the compensation you deserve.
Colorado Truck Accident Statute of Limitations
Under Colorado law, truck accident victims have up to three years from the date of their collision to file a lawsuit. This window may be even shorter for claims related to fatal truck accidents or those involving children. If this window of time expires, injured parties may lose their right to take legal action. For this reason, it is imperative to speak with an attorney as soon as possible following a truck accident to preserve your rights as well as gather key evidence which could be lost or destroyed with time.
Who is Liable After a Truck Accident?
Unlike car accidents where there is usually one at-fault party, there are many possible parties who can be held responsible after a truck accident. Who is liable depends on the specific of your case, at times more than one party can be held responsible. Those who are often held liable include, trucking companies, truck drivers, or truck manufacturers.
Because of their size and weight truckers are heavily regulated by the Federal Motor Carrier Safety Administration (FMCSA), unfortunately all too often trucking companies are caught pressuring their employees to bend these rules in order to help their bottom line. The outcome is usually fatigued drivers who are more prone to causing an accident. Trucking companies can be held responsible for an accident if it is discovered they broke safety regulations, likewise, is a truck driver is engaging in illegal behavior it is possible for them to be held responsible for an accident. Illegal activities can include breaking FMCSA regulations, driving while under the influence or driving while distracted. A truck manufacturer could be held liable if it is discovered that an accident was caused by a defective truck park.
Since trucks can cause such severe accidents the hours that truckers are allowed to drive are heavily regulated by the Federal Motor Carrier Safety Administration (FMCSA). While there are many laws regulating truck drivers, the ones that deal specifically with hours spent on the road are called hours of service regulations. There are three main parts to this law, the first is a 14-hour workday limit. This means that a driver is not allowed to be on the road for longer than 14 hours, once that 14-hour limit has been met the driver must rest for at least 10 consecutive hours.
The next rule is the 11-hour driving rule. Within the 14-hour workday, a trucker can only be actually driving for 11 of those hours, the remaining time must be spent on rest or meal breaks. Last, the FMCSA also regulates when a driver must take the day off, this is known as the 60/70 hour rule. If a trucking company is open seven dates a week, a driver is allowed to work up to 70 hours in an eight-day period before taking at least 34 consecutive hours off. Likewise, if a trucking company is open less than seven days a week a driver is allowed to work up to 60 hours in a seven day period before taking at least 34 consecutive hours off.
We've Recovered Hundreds of Thousands of Dollars for Truck Accident Victims
- $500,000.00 Recovery - Tow Truck Vs. Vehicle Collision - Client suffered a traumatic brain injury (TBI), left temporal contusion, right parietal and left parietal involvement, with loss of consciousness and combativeness and brain swelling requiring medically induced coma for numerous days and resulting in ongoing significant cognitive, speech, language and memory deficits.
- $250,000.00 Recovery - Semi-Truck Vs. Vehicle Collision - Client suffered severe neck and back injuries with disc herniation at L5- S1.
Contact a Truck Accident Attorney in Colorado Springs
In addition to his years of legal experience, Ted also has firsthand knowledge of serious injuries and medical records, having worked in the emergency room and trauma center during his college years. He assisted in surgeries and transcribed physicians' orders and therefore understands medical terminology and records. This knowledge allows him to fight for the compensation that his clients truly deserve. Our firm is personable and accessible, as well as aggressive in both negotiation and litigation. Let us handle the stress so that you can focus on getting better!
- Personable, Trustworthy, and Highly Experienced in Both Negotiation and Litigation
- The Experience and Determination to Fight for the Compensation You Deserve
- 100% Committed to Client Satisfaction and Well-Being
- Prior Medical Experience From Working at Memorial Hospital
- Has Been Practicing Personal Injury Law For Over 15 Years
- Has Recovered More Than $50M in Settlements