Why Choose Frank Azar Car & Truck Accident Lawyers?
Founding partner Franklin D. Azar grew up in Trinidad, CO and has spent his career assisting Colorado residents when they have been injured and need help. Our law firm is dedicated to pursuing compensation that accounts for the full extent of your injuries and leaves nothing on the table. While past results can never guarantee future settlements, our law firm has earned our reputation for excellence. We support our clients with 40 years experience in the law, local knowledge and insights, and recognition from well-known peer reviews like National Trial Lawyers, Best Lawyers, and the National Institute of Personal Injury Attorneys.
Frank Azar Car and Truck Accident Lawyers have the resources to investigate your claim and build a strong case, even when up against major corporations and shipping entities. We offer access to accident reconstruction specialists, medical experts, and other professionals who can help demonstrate the extent of your injuries. Our semi-truck accident lawyers are skilled trial attorneys who are unafraid of a courtroom fight, as well as compassionate listeners ready to pursue the best outcome possible for your unique situation after a truck crash.
Common Types of Truck Accidents in Trinidad, CO
Some common kinds of truck accidents in Trinidad, CO include:
- Jackknife Accidents. A jackknife accident happens when the trailer swings outward at an angle from the cab, resembling a folding pocketknife. These crashes often occur during sudden braking, slippery conditions, or loss of control.
- Underride Accidents. Underride crashes occur when a smaller passenger vehicle slides underneath the side or rear of a commercial truck or trailer. These collisions are frequently fatal due to the height difference between the vehicles.
- Rollover Accidents. Truck rollovers happen when a commercial vehicle tips onto its side or roof, often due to excessive speed, uneven cargo loads, or sharp turns. Rollovers can block multiple lanes of traffic and involve several vehicles.
- Wide-Turn Accidents. Commercial trucks require extra space to make turns, especially right-hand turns. Drivers may swing wide or fail to see nearby vehicles, cyclists, or pedestrians in adjacent lanes.
- Blind Spot Accidents.Large trucks have significant blind spots, sometimes called “no-zones,” on all four sides of the vehicle. Accidents can happen when truck drivers change lanes or merge without seeing smaller vehicles nearby.
- Tire Blowout Accidents. Tire failures on commercial trucks can cause drivers to lose control or send dangerous debris into surrounding traffic. Poor maintenance, overloaded cargo, and worn tires are common contributing factors.
Why the Type of Crash Can Affect Your Claim
The type of truck accident that you are involved in can greatly impact the amount of compensation you recover as well as your overall outcome. What kind of truck accident occurred will shape how liability is investigated, what kinds of accident reconstruction can be utilized, and how evidence will be preserved in your case. In addition, the kind of accident will have greatly impacted what kinds of injuries you are recovering from, as well as how many plaintiffs may be involved in the overall case.
Some crash patterns may point towards additional liability. For instance, overturned trailers can point towards loading issues or maintenance problems, rather than only driver error. Others may be connected to training problems or hiring issues. In these cases, there may be additional defendants involved in the case. Spotting these matters early on can make all the difference between a successful settlement and walking away with too little from a truck accident case.
What Causes Most Commercial Truck Accidents?
When measured by overall crash volume, I-25 is perhaps the most dangerous roadway in Trinidad, Colorado. However, long haul trucking around US-160 is also risky, especially where the thoroughfare intersects with I-25. The most notorious portion is Wolf Creek Pass, west of Trinidad, which CDOT has repeatedly identified as hazardous for semi-trucks.
The stretch between Walsenburg and Trinidad is especially important for freight movement and long-haul trucking, but it’s known for complicating factors like:
- High-speed interstate traffic
- Steep grades
- Winter weather
- Heavy semi-truck usage
- Rollover risk
- Long-distance driver fatigue
These are not the only concerns when it comes to causing commercial truck accidents. Others include distracted driving, impaired truckers, and high speeds. Roadway debris can also lead to blowouts and sudden swerves. Trucks must be especially careful when turning or changing lanes, as left hand collisions are a leading cause of both trucking accidents as well as serious injuries.
Types of Injuries Caused by Truck Accidents in Trinidad
Truck crashes frequently cause injuries like:
- Traumatic brain injuries (TBI)
- Spinal cord damage
- Internal bleeding
- Organ damage
- Broken bones
- Lacerations
- Whiplash
Fatal Accidents
Unfortunately, many truck accidents involve at least one fatality, simply because of the sheer size of the vehicle as well as the high rate of speed usually involved in cross-country shipping. In these cases, it may be possible to pursue a wrongful death claim. These cases can be sensitive as well as complex. However, when done correctly, they may be able to provide surviving family members with not only financial support while they grieve but also a sense of closure and a degree of fairness, even after an unfair and sudden loss.
Liability in a Trinidad Truck Accident Case
Truck accidents often involve extended liability across multiple parties. Your Colorado truck accident lawyer will be able to advise you about who out of the following may be sued for damages after a truck crash:
- The truck driver
- The trucking company
- The maintenance company
- Truck manufacturer
- Brokers/shippers
- Logistics contractor(s)
- State agencies
- Construction companies responsible for roadway debris
- Other drivers
Evidence a Truck Accident Lawyer May Use in Your Injury Case
A Trinidad truck accident lawyer will use every tool available to help build your injury case. They may collect witness statements as well as subpoena footage and records to support your claim. A stronger case with more evidence is more likely to win you a settlement that will satisfy your needs. Besides witness testimony, a truck accident lawyers may also utilize:
- Medical documentation
- Dashcam footage
- Police reports
- Shipping records
- Hours of service logs
- Inspection reports
- Event data recorders
- Past complaints against the company, roadway area, or other relevant parties
How to Prove You Were Injured in a Truck Crash
It is imperative that you see a doctor as soon as possible after a truck crash. Not only will you likely need treatment for your injuries, but there is also no way to prove that you have been injured without documentation. Without medical examination, you will not be able to sue for damages.
Your doctor or Colorado truck accident lawyer might also advise you to keep a log of your symptoms as well as pain levels and any improvements. Take photos of your injuries, as well as video where you show the entire affected area. Talk about how you are feeling in the videos, in order to build a complete record.
Colorado Laws and Filing Deadlines That Could Apply
After a crash, you have a limited window to file for compensation. This is called the statute of limitations.
Statute of Limitations in Colorado Vehicle Crashes
The statute of limitations in Colorado truck accident cases is usually three years from the date of the crash. However, exceptions apply and can change this timeline. For instance, in wrongful death cases you have only two years to pursue compensation. If the case involves a government vehicle, you will have only 180 days to file a claim.
Because there are several elements that can affect your eligibility, call a Trinidad truck accident attorney as soon as possible. Do not wait and allow evidence to disappear, memories to fade, or even the statute of limitations to expire before beginning your case.
Comparative Negligence
Compensation in a personal injury case is based on someone else’s negligence causing harm. Under Colorado law, you can still recover compensation even if you were also at fault in the accident. If you were less than 50% responsible, you can bring a personal injury lawsuit under Colorado Rev. Section 13-21-111.
Insurance Requirements for Commercial Vehicles
Commercial vehicles carry different insurance limits and requirements than passenger cars do. No motor carrier may operate legally without carrying the minimum insurance requirements as set forth in 49 CFR § 387.9, which are classified by weight, type of substance carried, and kind of vehicle. Colorado follows these federal guidelines, but does not have additional regulations in place.
How Much Is My Trinidad Truck Accident Worth?
There are two different kinds of damages involved in a truck crash settlement. Economic damages include your medical expenses, lost wages, and property damage costs. They can also account for medical bills associated with your reconstructive surgery or physical therapy as part of your ongoing recovery, modifications you need for your home or vehicle due to the crash, live-in nursing care, and other future expenses.
Non-economic damages, on the other hand, are factors that do not typically come with clear dollar amounts attached. An example might be the emotional distress that your accident caused. Truck accidents are traumatic experiences, but every one is different. Your Trinidad truck accident lawyer will know what amounts are standard to request, as well as when a case merits additional payments for punitive damages. These are rare in Colorado, but possible for cases involving impaired truck drivers, a lengthy history of dangerous hires from a company, or other exceptional degrees of carelessness.
Some other factors that might shape a case’s value include:
- Permanent disability
- Wrongful death
- Disfigurement
- Loss of enjoyment
- Loss of consortium
- Extreme pain and suffering
One final element that should never be overlooked is the skill and experience of your personal injury lawyer. In a truck crash, your attorney will likely be facing off against a team of corporate lawyers hired to protect a trucking company’s interests. This is no time to work with a firm that cannot match a corporation’s resources, or a lawyer who is not willing to go to the mat for their client.
What to Do After a Trinidad Truck Accident Case
When a truck accident occurs, take immediate action to remove yourself from the flow of traffic (if possible) and call 911 if anyone needs help. You should also:
- Seek medical attention yourself as soon as possible.
- Document the crash. Take photos and videos of the surrounding area.
- Keep records of the full extent of your injuries, symptoms, and treatments.
- Reach out to a truck accident injury attorney in Trinidad, CO.
Trinidad Truck Accident Attorney: FAQ
What should I do if the trucking company’s insurer calls me soon after the crash?
Insurance companies should pay to cover claims made by injured policyholders, but they do have other considerations in mind – including earning a profit. Do not speak with insurers without first speaking to a lawyer. Do not jeopardize your full financial recovery by making polite statements on the phone that can be taken out of context, like “I feel much better” or “it was partly my fault.”
Do truck accident claims usually take longer than car accident claims?
Commercial vehicle claims are complex cases that typically do take longer than a standard car accident. Besides running the driver’s insurance, there are corporate entities involved as well as additional coverage. You may be able to bring a claim against more than one party with much deeper pockets than just the one individual driver.
Can I still make a claim if the truck itself didn’t hit me?
If you were involved in a crash with a chain reaction across multiple lanes and passenger vehicles, you may still be able to sue the trucking company. The specifics of your case will decide who can be considered liable and ordered to pay for the harm done.
Will I have to go to court for a truck accident case?
Not necessarily. Many cases settle out of court, which can lead to a successful resolution for a client as well as reduced fees and a faster timeline for a payout. However, the risk of avoiding the courtroom is that when an insurance company does not put a fair settlement on the table, you may miss out if you work with an attorney who is afraid to litigate.
How do I get paid after you win the case?
When you receive compensation depends on the kind of settlement your attorney negotiates. You may be awarded a lump sum, in which case you can receive payments as soon as the case settles or a judgment is handed down. However, some clients prefer the structure of ongoing payments, especially in cases of lasting disability.
Reach Out to an Experienced Trinidad Truck Accident Attorney Today
Frank Azar Car & Truck Accident Lawyers proudly represents clients in Trinidad and throughout Colorado. If we don’t win, you pay nothing. Contact us or call us today for your free consultation with one of our experienced truck wreck lawyers.
Past results do not indicate what you could get on your case. This content is for general informational purposes only and does not constitute legal advice. Reading this page does not create an attorney-client relationship.
