Those who live in Denver are probably very familiar with the unfortunate turn of events that occurred in April 2019, when an out of control semi-truck being driven by Rogel Lazaro Aguilera-Mederos crashed into backed up traffic on I-70 in the foothills. Aguilera is currently awaiting trial on a total of 41 charges. The prosecution has named him as the liable party in the case. The accident killed four people and damaged or destroyed 28 vehicles. It is not apparent if any civil charges have been brought against him at this time. Still, it is a possibility given the egregious nature of the accident. The investigation into the accident seems to be ongoing.
When you or someone you love has been injured in an accident with a semi-truck, you need a Denver truck accident lawyer to handle your case. Semi-trucks are often driven for larger commercial trucking companies, making it a struggle to collect the financial compensation necessary after an accident. Firouzbakht Law Firm takes cases in Colorado for truck accidents, providing legal services to those clients who need it.
When you look at your car compared to a semi-truck, the truck likely weighs 20 to 30 times what your car does. The weight difference offers a unique set of safety concerns that drivers in and around these monstrously-sized trucks need to be aware of.
Many truck drivers, especially those who specialize in long-haul, are on the road for hours on end. Even though driving times are a part of federal regulations through the Federal Motor Carrier Safety Administration (FMCSA) primarily through the use of logbooks and mandated hours of service, it doesn’t mean that some drivers aren’t slipping through the cracks. The goal of the FMCSA is to reduce the number of trucking accidents by imposing stricter trucking measures.
Truck driver fatigue is a serious issue. With the demanding deadlines and schedules that these drivers have to uphold, they often go with very little sleep or periods where they only take short “power naps.” Another phenomenon that truck drivers experience is bursts of microsleep. These short bursts can last up to 30 seconds. Have you ever been so exhausted that you felt yourself begin to nod off and jolt awake? That is what happens when a driver behind the wheel of a truck (or any vehicle) experiences microsleep. Many crashes may be attributed to these types of conditions.
Many commercial trucking companies may offer their drivers incentives to take shifts or drive longer hours, trying to better their bottom line. Unfortunately, all it does is add more risk to those who are on the roadway.
Much like the accident in April 2019, the preliminary cause of the accident states that Aguilera was traveling far too fast and recklessly, causing the truck crash. There are other common factors of a truck crash that occur in and around Denver, Colorado, besides just traveling too fast for the current conditions.
The injuries sustained in commercial trucking accidents can be catastrophic. If the wreck does not result in fatalities, it can leave the victim with severe injuries that could take years or longer to recover from. In some instances, the victim never fully recovers, resulting in disfigurement, disability, or a loss of quality of life.
Common truck accidents result in the following types of injuries:
If you or someone you love has sustained an injury at the hands of a truck driver's negligence, you need the help of an experienced truck accident lawyer in Denver. Only a Colorado truck accident attorney has the knowledge and experience to handle personal injury cases against an at-fault party, trucking company, and insurance company for their clients.
The Colorado Chain Law goes into effect from September 1 to May 31 each year. All commercial vehicles driving in Colorado along I-70 between mile marker 133 and 259 are required to use chains during this time of the year. In fact, any vehicle that exceeds 26,000 pounds must install and use chains on its tires to enable it to climb the steep mountain terrain in the state. The chains help to prevent stalled vehicles, stop delays, and prevent road closures from accidents. The state also requires that all federal trucking regulations be followed at all times while on the roads.
There are many different areas in which blame may be laid in a truck accident. In some instances, it isn’t the truck driver who is at fault in the accident. In personal injury lawsuits, there is someone who is to blame for the accident, which is where your Denver personal injury lawyer can help.
To prove negligence in a case, a lawyer must prove the following:
Even if there is a modified comparative fault at play and both parties are responsible to some extent, there is still a possibility of recovering a percentage of the damages. Often times, the occupants of passenger vehicles end up with the brunt of the injuries in the accident.
In some cases, the breaking of the law may be enough to prove negligence in a case.
There are three common types of damages that you may be able to recover in a truck accident injury claim. These are economic, non-economic, and in some cases, punitive damages. Each type of damage has specifically assigned losses that may be recovered.
Economic Damages – these are the losses that can be assigned a quantified amount, such as medical bills, hospital bills, lost wages, physical therapy costs, and property damages.
Non-Economic Damages – these are the losses that are not as easily quantifiable, like pain and suffering, loss of consortium, loss of enjoyment.
Punitive Damages – punitive damages are often awarded by a jury. These damages are done for no other reason than to punish the defendant for an egregious offense and make an example of the situation.
For truck accident victims, the only compensation they may see from the responsible party will come in the form of a settlement. Settlements are a type of compensation, often paid by the trucking company or insurance company, to the victim or their survivors (in wrongful death claims) as a deal to pressure victims to drop the civil charges against the defendant. Before accepting a settlement, your lawyer will determine if it is a fair settlement, often by looking at the limits for the liability insurance policies. Firouzbakht Law Firm pursues the maximum settlement amount.
Not all defense parties try to provide plaintiffs with fair compensation. That is why a lawyer who understands the process of truck accident claims are important when seeking restitution from a commercial vehicle accident.
When seeking any type of compensation, hiring a legal team that specializes in truck accident lawsuits is your best option. Most of the commercial truck accident lawyers in Denver provide clients with a free case consultation.
The personal injury claims handled by these Denver truck accident lawyers are as much for the victim as it is for the family who is also suffering from the injuries of the accident. These injuries often put unnecessary strain on the lives of the family and if catastrophic injuries or fatal injuries occur, it can be devastating. Firouzbakht Law Firm is skilled in handling fatal truck accidents and claims for those injured passenger vehicle occupants.
When you are in an accident with a commercial truck, the steps you take are the same as any motor vehicle accident. The next steps are for those crashes where there are minimal to minor injuries. In cases of severe injury, seek medical attention and worry about the finer details later.
One of the most important things you can do when handling claims for these types of accidents in Denver is find an attorney with the skills to take cases against commercial truck drivers and their employers.
If you or someone you love has fallen victim to a commercial truck accident, Firouzbakht Law Firm is the truck accident lawyer you need in Colorado. As a victim or survivor in a wrongful death claim, you have exclusive rights to compensation after financial losses are incurred from a traffic accident. Experienced attorneys know what fatal crashes can do and how the commercial trucking industry tries to delay justice.
If you need a personal injury attorney who can handle your truck accident case in Denver, you can contact us by phone or through the online contact form. We try to make the process as stress-free as possible and making you our priority. We supply the answers to your questions and provide you with a free case consultation.