Trailer Truck Accidents Attorney in Aurora, Colorado
Contact Us to Consult with a Trailer Truck Accident Attorney
A tractor trailer or 18-wheeler are similar to a regular car accident case. The major difference is that the damage to you and your vehicle can be significantly greater. There are also different investigations that need to occur that factor into a liability determination.
This type of collisions causes minor to major injuries. Victims need an aggressive and competent trailer truck accident attorney to stand up to the trucking companies and their insurance companies. If you or a loved one have been involved in an accident with an 18-wheeler or commercial vehicle, do not hesitate to contact the Lawrence Law Firm for a free consultation.
What Is a Trailer Truck Accident?
It is a simple question, but it always important to understand the legal basis for a trailer truck accident. In legal terms, a trailer truck accident involves a claim for negligence. Negligence requires a plaintiff to establish four elements, 1.) Duty, 2.) Breach, 3.) Causation and, 4.) Damages. Duty and breach establish who is at fault for the collision. A driver has a duty to operate a motor vehicle in a safe fashion. If a driver does not drive in a safe fashion, the driver would breach their duty. For example, if a driver fails to obey a stop sign and hits another vehicle. They are at fault. To learn more about Colorado’s traffic code, see Colorado’s Model Traffic Code.
The third and fourth elements deal with damages. Damages include economic damages, non-economic damages, and physical impairment/scarring. Economic damages are economic losses. These would include hospital bills, lost wages, and property damages. Non-economic damages include pain and suffer, loss of enjoyment of life, and the general damages related to you changes in daily behavior.
Causation is the process of proving the collision caused the damages. Causation is broken down into direct and proximate causation. Direct causation is a “but for” determination, i.e. but for the accident the person would not be injured. However, the damages also must be foreseeable and related. This is the limitation of proximate cause.
How Are Trailer Truck Accident Different from Car Accidents?
Trailer truck accidents are based in negligence. The differences are seen in the injuries, insurance, and investigation. Trailer trucks are bigger vehicles which typically result in greater injuries and damages to the vehicle and body. Trucking companies are required to keep commercial policies on their vehicles. The mandatory minimum policy for a non-commercial vehicle is $25,000. The policy limits for commercial vehicles are much higher. This means you will typically receive greater push back from insurance companies.
Investigations are also significantly different. Insurance companies will want greater proof concerning past injuries, if relevant. Trucking companies are also regulated. Drivers are only permitted to driver a limited number of hours a day, and they are required to keep logs. Most trucking companies also have forms and reports that must be completed in addition to the standard policy reports.
What to Do After a Trailer Truck Accident?
A car accident can have tragic consequences on a person’s life. Each case is different, and there is not a one size fits all approach. These are general suggestions that individuals should take to ensure the best possible outcome for their cases.
Get Medical Care
Your health is perhaps the most important thing to consider and worry about after an accident. You will be the one dealing with an injury and getting back to where you were prior to the accident requires treatment. If you are injured or hurt, seek medical treatment as soon as you can. Do not worry about investigating or getting information, your health takes priority.
As an auto accident attorney, the Lawrence Law Firm wants to help you get back to normal as quickly as you can. We are not medical doctors though, and we encourage people to follow their treatment providers advise.
Document Your Injuries
The adage is “a picture is worth a thousand words”. This rings true in the legal realm as well. After an accident, it is important to photograph the damages. If it is possible, you should also take pictures of the location, debris, and damages to other vehicles involved in the collision.
It is also advisable in some instances to document, in a journal or writing, the injuries that you sustained and how it is affecting you day to day activities. Personal Injury Attorneys speak for their injured clients, and we can better convey the pain and suffering and lose of enjoyment of life that you are experience if we are provided more information.
Notify Insurance of the Accident
It is also important to notify all insurance companies of the accident. This way, the insurance company can start investigating on their end, and it does not delay your claim.
You will want to notify your insurance company if you have Underinsured motorist coverage or medical payments coverage. You want to safeguard all potential pools of recovery. Most insurance policies require notice to ensure the police is not voided.
Medical payments coverage are benefits that will cover medical bills, regardless of fault. If you have this type of coverage, it could be used to avoid out of pocket expenses and to keep any bills from going to collection. The at fault insurance company will not pay your medical bills until you are done with treatment.
Hire a Trailer Truck Accident Attorney
It is highly advisable to hire a personal injury attorney after a trailer truck accident. Legal matters are complicated. It is important to know that most people do not fully know the legal and evidentiary rules that are involved in a personal injury lawsuit. While most cases do not go to trial, the claim will be valued based on what could happen at trial.
A Trailer Truck Accident Attorney, like the Lawrence Law Firm, routinely handles these types of cases and knows how to maximize the value of your claim.
The second reason to consult a personal injury attorney is to remove the stress associated with handling this type of claim. Injured parties need to focus on recovery. Insurance companies will attempt to complicate these types of claims to frustrate an injured party into taking a low-ball offer.
Why Must a Trailer Truck Attorney Know About My Insurance?
A client’s insurance impact their personal injury claim. Individuals can have personal auto insurance or health insurance. Personal auto insurance coverage can include under insured or uninsured motorist coverage. Under insured motorist coverage would cover damages that are in excess of the at fault driver’s insurance coverage. Many individuals maintain the mandatory minimum policy limits of $25,000, and injured parties are routinely eligible for benefits through under insurance.
Uninsured coverage provided benefits when the at fault driver does not have insurance or flees. Auto insurance coverage could also have Medical Payments coverage. The minimum amount of coverage for medical payments if $5,000. This amount would be available to pay any of your medical bills regardless of fault. It is important to utilize medical payments to ensure your out-of-pocket expenses.
A car accident attorney would want to know about these coverages to ensure they are utilized and safe guarded. UM/UIM coverage for example requires prompt notification to the insurance carrier to ensure compliance with the policy. An injured party would also have to cooperate and seek the insurance company’s permission prior to settling with the at fault driver’s insurance company. If you do not comply with these conditions, you could breach the insurance policy and void the coverage.
A trailer truck accident attorney also needs to know about any health insurance coverage that you have. While the at fault driver is the party that should pay for any injuries and damages, the insurance company will not pay as you go with medical bills. Instead, the insurance company will want to pay for everything once the treatment is done and complete. This means, medical bills will accumulate and potentially go unpaid if treatment in ongoing. Health insurance will pay for medical treatment. Your health insurance company will have a right of subrogation. Subrogation is a legal term that means right to get paid back. You will be able to recover your medical bills from the at fault driver, even if they were paid. Your accident attorney will then take care of any subrogation claims by other parties.
If you do not have insurance, there are treatment providers that will hold medical bills until a settlement occurs. If you are injured or have question concerning a trailer truck accident, do not hesitate to contact the Lawrence Law Firm for a free consultation.
What Can a Trailer Truck Accident Attorney Do for You?
Advise you on how to go about filing your claim
Investigate police reports, medical records, and other evidence
Communicate with insurance companies on your behalf
Work to negotiate a settlement outside of court
Represent you aggressively in court if necessary
Attorney Lain Aaron Lawrence will start by reviewing the facts of your case and advising you on the potential amount of money your case may be worth. If you decide to proceed with the claim, he will then complete an exhaustive investigation to gather evidence and testimony for your case before representing you aggressively in court. He is a Trailer Truck Accident Attorney you can trust. Our firm also handles motorcycle accident and car accident cases as well.
Trailer Truck Accident Attorney serving Colorado
The Lawrence Law Firm desires to help any individual injured through the negligence of a trailer truck driver. We specialize in handling personal injury cases, and we have the experience and skills needed to get you through this case. We routinely represent clients in Aurora, Denver, Parker, Castle Rock, Adams County, and the Denver Metro Area.