Aurora Truck Accident Lawyer

Anyone who spends time on the roads and highways of Aurora recognizes the significant presence of commercial trucks in the area. These large vehicles are vital to the local economy, bringing in goods from across the country and around the world. However, trucks’ enormous size and weight make them dangerous in a crash with other vehicles. The occupants of smaller vehicles who suffer injuries in truck accidents can face overwhelming physical and financial circumstances.

The Aurora truck accident attorneys at The Wilhite Law Firm understand how difficult life can be after a commercial vehicle collision. Our experienced legal team is here to support you at this challenging time, and we are ready to fight for the compensation you deserve. Contact us today for a free consultation to learn more about how we can help you.

What Are the Most Common Causes of Truck Accidents in Aurora?

Determining the causes of a truck accident can be a complex undertaking. A dedicated truck accident lawyer will have the experience and skill necessary to conduct thorough investigations into the circumstances surrounding your case. By uncovering how and why the accident occurred, we can gather the necessary evidence to help you successfully pursue compensation for your losses.

Truck accidents in Aurora often stem from the following common causes:

• Driver inexperience – Operating a commercial truck requires specialized skills. Truckers must obtain a Commercial Driver’s License (CDL) after rigorous training and tests. But due to the high demand for truck drivers, some companies may hire inexperienced or unqualified drivers without the necessary expertise to operate a truck safely. These poor hiring practices increase the risk of accidents.
• Driver fatigue – Fatigue is a significant contributing factor in many truck accidents, as highlighted by the Federal Motor Carrier Safety Administration (FMCSA). Truckers often endure long hours on the road under stressful conditions, making them susceptible to falling asleep while driving. To combat this, truckers must follow hours-of-service (HOS) regulations. If the driver or their company didn’t follow HOS regulations, they may be liable for the injuries you sustained in the accident.
• Distracted driving – FMCSA data reveals that distracted driving ranks among the leading causes of truck collisions. Distractions can take various forms, including using communication devices, eating or drinking, and adjusting GPS systems. Even momentary distractions can have catastrophic consequences, resulting in severe accidents.
• Improper maintenance – To cut costs, some trucking companies neglect to maintain their vehicles properly. This negligence can lead to accidents caused by faulty brakes or worn-out tires. In such cases, the trucking company can be held liable for the injuries caused by the accident.

Whatever the cause of the accident, The Wilhite Law Firm will fight to hold the at-fault party accountable to get you the compensation you deserve.

What Injuries Occur Due to a Truck Accident?

All traffic collisions can cause severe injuries. However, truck accidents can be particularly hazardous. Some of the life-altering injuries that occur in truck crashes include:

• Bone fractures – The tremendous force involved in a truck collision can lead to fractures in the arms, legs, ribs, or pelvis. These fractures may require extensive medical treatment and rehabilitation.
• Back and spine injuries – The impact of a truck accident can place an immense strain on the back and spine, leading to injuries such as herniated discs, spinal cord damage, or even paralysis. Such injuries can have long-lasting effects on mobility and quality of life.
• Injuries to internal organs – The crushing force of a truck accident can cause significant harm to internal organs, including the liver, kidneys, spleen, or lungs. These potentially life-threatening injuries may require immediate surgical intervention and ongoing medical care.
• Concussions – A truck accident’s sudden impact can result in a concussion or traumatic brain injury (TBI). These injuries can range from mild to severe, causing symptoms such as headaches, memory loss, cognitive impairment, or even permanent brain damage.
• Burns – Victims of a truck accident that results in a fire or explosion may suffer severe burns. These burns can cause excruciating pain, permanent scarring, and the need for extensive reconstructive surgeries and ongoing specialized care.

Some truck accident injuries ultimately prove fatal. If you have lost a loved one in one of these crashes, the attorneys at The Wilhite Law Firm can file a wrongful death claim on your behalf.

Why Are Truck Accident Injuries More Severe Than Car Accident Injuries?

While car accidents can cause severe injuries and damage, truck accidents are inherently capable of leading to catastrophic outcomes. Commercial trucks’ sheer size and weight contribute to the increased severity of accidents. Trucks can weigh up to 20 times as much as a passenger car. This weight combined with its momentum far surpasses that of a standard car, even at relatively moderate speeds. This results in a more intense impact during a collision. Consequently, vehicle occupants involved in such accidents are significantly more likely to suffer severe injuries or even lose their lives.

However, the magnitude of a truck accident extends beyond the immediate physical impact. Factors such as the cargo some commercial trucks carry can further contribute to the severity of injuries. Hazardous materials can lead to chemical exposures or fires, causing severe burns and other life-threatening consequences.

What Is the No-Zone?

A truck’s “no-zone” is any of the blind spots or areas around the truck where the driver has limited or no visibility. These zones are typically around the truck’s immediate sides, rear, and front. Vehicles traveling in these blind spots are at a high risk of being in accidents because the truck driver may be unable to see them in their mirrors. Drivers of smaller vehicles must be aware of these no-zones and exercise caution when sharing the road with trucks to minimize the chances of collisions.

Who Can Be Held Liable in a Truck Accident?

When it comes to establishing liability in a truck accident, several factors are at play. While the other driver is often at fault in typical car crash cases, truck accidents present a more complex scenario. The potentially liable parties in a truck accident may include:

• The truck driver
• The trucking company employing the driver
• The mechanics responsible for truck maintenance
• The manufacturer of the truck

It is not uncommon for multiple parties to share liability in a truck accident case. Seeking compensation from two or more parties can present challenges. But it can also increase your chances of receiving full compensation. After a crash with a commercial truck, consulting with an Aurora truck accident attorney is essential. They will have the necessary knowledge and resources to assess the circumstances of your truck accident case and determine who is at fault.

Do Truck Drivers Have Federal Regulations They Must Follow?

The FMCSA has implemented federal regulations to oversee the operation of large commercial vehicles. These comprehensive rules address various critical aspects of trucking safety, including:

• Hours of service – HOS regulations govern the maximum allowable driving hours and required rest periods for truck drivers.
• Vehicle inspections – Regular inspections and maintenance are required to ensure trucks are in safe operating condition.
• Alcohol and drug testing – Companies must take measures to prevent impaired driving by conducting alcohol and drug tests on truck drivers.
• Hazardous materials – The FMCSA sets regulations for the safe transportation and handling of hazardous materials by commercial trucks.
• Medical exams – Truck drivers must undergo periodic medical examinations to ensure their fitness for operating commercial vehicles.
• Required forms and certificates – Truck drivers and trucking companies must fulfill documentation and certification requirements.

Not following these federal regulations significantly heightens the risk of dangerous accidents involving commercial trucks. All stakeholders in the trucking industry must adhere to these regulations to prioritize safety on the roads.

What Compensation Can I Receive for My Truck Accident Injuries?

If you have suffered injuries in a truck accident, you may be able to claim compensation for:

• Medical expenses – Compensation can cover the costs of medical treatments, surgeries, hospital stays, prescription medications, rehabilitation, and ongoing healthcare needs resulting from the accident.
• Lost income – If the injuries you sustained in the truck accident caused you to miss work, you may be entitled to compensation for the wages or salary you would have earned during that period.
• Reduced earning capacity – If your injuries have resulted in a long-term disability or disfigurement that affects your ability to earn a living, you may be entitled to compensation for the reduction in your earning capacity.
• Pain and suffering – Compensation may be available for the physical and emotional pain, discomfort, and suffering you experienced as a direct result of the truck accident and your injuries. This category includes both immediate and ongoing pain and suffering.
• Emotional distress – Truck accidents can cause significant emotional trauma, including anxiety, depression, post-traumatic stress disorder (PTSD), or other psychological effects from the accident. This compensation is an effort to make up for the emotional distress you have suffered due to the accident.
• Property damage – If your vehicle or personal belongings sustained damage in the truck accident, you may be entitled to compensation for the repair or replacement costs.
• Punitive damages – In cases of outrageous disregard for human life, a jury in a truck accident lawsuit may award punitive damages to punish the defendant and deter similar reckless behavior in the future.

Speak to a truck accident attorney to learn more about what compensation may be available in your specific case.

What If I Was Partly Responsible for the Accident?

Colorado follows the modified comparative negligence standard, which allows for partial recovery of compensation if you share some fault for the collision. If you are deemed less than 50 percent at fault for the accident, you are eligible to seek compensation.

However, your settlement amount will be proportionally reduced based on the percentage of fault assigned to you. To maximize your compensation, a skilled personal injury attorney can fight to demonstrate that the other party bore the greatest degree of fault in the accident.

Is Colorado a No-Fault State?

Colorado is not a no-fault state when it comes to traffic accidents. In Colorado, you may seek compensation from the other party or their insurer anytime you receive injuries or sustain property damage in a truck accident they caused. Your injuries do not need to be severe or permanent to bring a lawsuit against the responsible party after a truck accident in Colorado.

How Long Do I Have to File My Truck Accident Claim in Colorado?

The statute of limitations for automobile accidents in Colorado stipulates that you must initiate a lawsuit within three years of the date of suffering injuries in a truck accident. If you do not file within this timeframe, you may lose your opportunity to recover the compensation you deserve.

Three years might seem like a long time. But gathering evidence, determining fault, and negotiating a settlement can often take months. Speaking to an Aurora truck accident lawyer as soon as possible can ensure you do not miss this crucial deadline.

Contact an Aurora Truck Accident Lawyer

Suffering injuries in a truck accident is one of the most difficult events a person can experience. The knowledgeable attorneys at The Wilhite Law Firm understand your challenges, and we want to help you overcome them. When you retain our services, we will investigate the accident, determine which parties were responsible, and fight for a fair settlement covering your losses. If the insurance company is unwilling to offer you the money you deserve, we have the experience and resources to take the at-fault party to court.

Our team of compassionate professionals believes that you should not have to shoulder the financial burden of another party’s negligence. We will handle all the legal heavy lifting so you can focus on your recovery. Contact us today for a free consultation to learn more about how we can help you.