FAQs

• How much does a semi-truck accident attorney charge?

  Most personal injury lawyers, including us, work on a contingency basis. This means that if you don’t get paid, we don’t get paid.

  We don't have a set fee structure, as every case is different, and each client is unique. 

  Consultations are always free, so you have nothing to lose by talking with us about your situation.

  Call us today at (303) 991-2233 or use our online contact form.

• How long do I have to make a claim after a tractor-trailer accident in Colorado?

  The statute of limitations refers to the time limit on how long after an event a plaintiff (the person filing the lawsuit) can sue. Each state sets its own laws. After this time period passes, the plaintiff may no longer file a personal injury lawsuit for compensation.

  In cases involving car and truck accidents in Colorado, the statute of limitations is three (3) years. This means you have three years from the date of the event to file a personal injury or wrongful death claim in Colorado. That being said, there are some exceptions that can apply and are dependent on the specifics of each case.

• When should I consult with a tractor-trailer accident attorney?

  You can (and should) contact a trucking attorney immediately after an accident, even if you’re not sure you’ll file a claim. Initial consultations are always free - it never hurts to learn more about your options.

  The sooner an attorney gets involved, the better - an experienced Colorado truck accident attorney will be able to do a better job for you the earlier they’re involved. 

• Why should I consult with a truck accident attorney?

  Despite laws requiring truck drivers not to drive more than ten hours per day (among others), they are often given financial incentives for traveling long distances faster, which can directly infringe upon other drivers’ safety.

  When you file a personal injury claim resulting from a big rig accident, your claim is aimed at the driver’s insurance company rather than the driver.  Therefore, the amount of money that you can recover is directly related to the amount of insurance coverage.

  Semi-truck drivers’ commercial insurance policies are usually up to fifty (50) times larger than typical car insurance policies. This often puts the total value of insurance money (the pool of money damages can be awarded from) in the millions or even muli-millions.

  This has pluses and minuses that affect both parties:

  • It can be a benefit for a plaintiff because it increases the potential amount of recoverable money based on the large commercial insurance policies that truckers usually have.
     
  • At the same time, because there is often a lot of money at stake, the defendant truck driver’s insurance company usually employs teams of lawyers to try to settle cases for much less than they’re worth. The defendant’s insurance company wants to pay you as little as possible; that’s part of their job. A reputable trucking accident attorney wants to recover as much as you’re legally entitled to for you; that’s their job.

  Dealing with defendants and their lawyers who represent insurance companies is a complicated and time-consuming process, even more so when there are millions of dollars at stake.

  Let us work with and negotiate with the people who hurt you and their insurance companies so that you can focus on continuing to live your life. You don’t have to deal with these issues alone.

• Do I need a tractor-trailer attorney?

  Ultimately, this is up to you and the specifics of the event. A lawsuit might not be necessary if you and the responsible party(ies) can come to an agreement about the compensation owed to you. 

  If you were injured and wanted to represent yourself in a personal injury claim, you have that right. Dealing with the defendant’s insurance company is a complicated and time-consuming process; having an attorney on your side is almost always the right choice. Insurance companies have teams of lawyers at their disposal with one goal in mind: settling cases for less than they’re worth. As the saying goes, “anything you say can and will be used against you in a court of law”. In other words, it is important to know what to say and what not to say to protect your best interests.

  It’s very difficult to legally calculate the full value of your case alone, and it’s even more difficult to recover that amount without the help of a trucking attorney. A reputable 18-wheeler attorney understands how insurance companies operate,  their tactics and can help determine the full amount of damages that you’re legally entitled to.

• What can an 18-wheeler accident attorney do for me?
  1. Talk with you about what happened, what your options are, and help determine if you have a valid claim.
  2. If a valid claim exists, trucking lawyers can open a thorough investigation as to the basis of your claim by gathering and reviewing evidence. If necessary, expert witnesses can be hired to support your claim.
  3. Determine who is at fault, to what degree, and why.
  4. Defend you against claims of shared fault (legally speaking, comparative negligence - more below).
  5. Determine the full extent of damages that you have suffered (more below).
  6. Issue a demand letter outlining what happened, who’s at fault, and who owes what (what you’re asking for). 
  7.  Review any settlement offers and discuss them with you.
  8.  Negotiate with insurance companies about any settlement offers they might make.
  9. Represent you in trial, if it comes to that (more below).
• Who can I sue for a semi-truck accident?

  Remember, in any of the scenarios below, you’re actually targeting the insurance company:

  • The truck driver
  • Companies that hire, train, and supervise truck drivers
  • Businesses that transport cargo and are responsible for securing their load
  • The company that manufactured a faulty truck
  • A party responsible for poor maintenance of the truck
  • Another driver that acted with negligence
  • Those responsible for poor road design
• What are the different types of damages in a semi-truck accident claim?

  Compensatory damages are money awarded to a plaintiff to compensate for damages, injury, or another incurred loss. Compensatory damages are awarded in civil court cases (like a car accident claim) where loss has occurred as a result of the negligence or unlawful conduct of another party. Compensatory damages include economic, non-economic, and impairment damages.

  Punitive damages, or exemplary damages, are damages assessed in order to punish the defendant for willful and wanton conduct and/or to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit. Although not extremely common in personal injury claims, if the defendant’s actions are egregious, punitive damages can be sought.

• What types of compensation can be awarded in a big-rig accident claim in Colorado?

  In semi-truck accident cases, monetary damages are paid to the person injured (the plaintiff) by those who caused the harm (the defendant and their insurance company). These damages are calculated on what the injuries ‘cost’ from physical, mental and/or emotional standpoints.

  Typically, damages fall under three categories with one exception: Economic Damages, Non-Economic Damages, and Impairment Damages. Some common areas in which damages can be determined by include:

  1. Economic Damages

     • Medical treatment - this can be either treatment that has already occurred and/or to cover future treatment and expenses.

     • Income - if your injuries caused you to miss work, this money can likely be recovered. Additionally, if an accident prevents you from making additional money in the future, that can also be considered. Legally speaking, this is usually deemed loss of earnings or earning capacity.

     • Property loss or damage - vehicles, bicycles, cell phones, computers, and even clothes can be considered.

  2. Non-Economic Damages

     • Emotional distress - typically a factor in very serious or catastrophic injury claims, monetary damages can include the emotional and physiologic impact of injuries such as sleep loss, fear, anxiety, stress, etc.

     • Loss of consortium - in personal injury cases, these damages typically stem from how injuries affect a relationship between, for example, a husband and wife. Examples include the loss of companionship and being unable to maintain a sexual relationship.

     • Loss of enjoyment of life - if areas such as your hobbies, interests or recreational activities have been affected/limited by your injuries, you may be entitled to monetary compensation in the form of loss of enjoyment of life damages.

     • Pain and suffering - if you suffered pain and/or serious discomfort as a result of your injuries, you may be able to recover pain and suffering damages. These can also cover future pain and suffering.

  3. Physical Impairments

     • Within the State of Colorado, physical impairments and physical disfigurements are categorized separately from economic and non-economic damages. This includes damage for scarring in addition to other physical impairments, such as cosmetic disfigurement, disruption of bodily function and/or internal organs’ natural processes, neurological damage, and other impairments. Based upon your level of impairment or disfigurement, you may be entitled to recover these impairment damages.

   

• What is the Colorado no fault Law?

  This means that whoever is responsible for the accident is likely liable for the damages which can include associated medical bills among other things (more below). 

  A car accident is a serious event for you and the defendant; whoever is at fault is legally required to have proper insurance.

   

• What is the Colorado Comparative Negligence Law?

  Accidents happen, and sometimes they’re completely unavoidable. However, someone is usually at fault. But what if, for example, one driver was speeding, and the other driver was texting and driving? Both contributed to the accident, so are both at fault? How much fault? Who decides?

  In Colorado, if a case involving a liability dispute goes to trial, (more below) the jury gets to decide what percentage of liability is assigned to what parties. 

  Colorado operates under a modified comparative negligence law meaning that a plaintiff’s damages get reduced by the plaintiff’s percentage of fault for the wreck or accident. However, if the plaintiff’s fault is greater than or equal to the combined fault of the defendant’s, the plaintiff gets nothing.

  For example:  if a jury finds you to be 40% liable for an event that caused your injuries, you can only recover 60% of the total damages. This gets much more complicated when there are multiple defendants involved, (like in a multi-car wreck) so it’s even more important to work with a Colorado truck accident attorney that can define and assign fault appropriately.

• What should I do after a truck accident?

  What happens immediately after the accident can play a big role in how insurance companies evaluate a claim to recover damages. 

  • Your personal safety should be your number one concern - always put your emergency flashers on.
  • DO NOT talk to the insurance company as they will attempt to manipulate your words in a way that is favorable to them and unfavorable to you.
  • Leaving the scene is never recommended, even if it wasn’t your fault or if you drove to the hospital. Wait for the police to arrive.
  • If you or others need medical attention, it’s always best to remain calm and wait for emergency services to arrive.
  • If it’s possible to safely move your vehicle out of travel lanes, do so. If it’s not, safely exit your vehicle and remain off the roadway as best you can. If it’s possible to take detailed photographs of the vehicles before they’re moved, do so.
  • Documentation
    • If you’re able to safely obtain photographs, even if you’re not sure if you’ll file a claim, you should. Take numerous photographs of
      • Your vehicle
      • Other vehicles
      • The roadway, including signs, debris, traffic signals, etc.
      • Anything else that would provide a basis for your opinions
  • Summary
    • Remain calm, and never leave the scene.
    • Exchange contact information with all involved parties.
    • Provide a statement to the police.
    • Ensure other involved parties (including any witnesses) also provide the police with a statement.
    • Don’t move evidence.
    • If medical personnel are available, let them evaluate you.
    • Do not speak with any insurance adjusters until you’ve spoken with a truck accident attorney in Colorado.
    • Obtain a police report.
• Should I speak to the other party’s insurance company?

  It is not a good idea to do so. It is common for the insurance company to manipulate people not represented by lawyers. It’s very important to remember that the other party’s insurance company (the adjusters and insurance lawyers) wants to limit their own liability. They want to pay you as little as possible. They may use or alter statements you made against you in an attempt to limit how much they offer you.

  For this reason alone, it’s important to work with a big-rig accident attorney from the beginning. The defendant will have lawyers from their insurance company on their side, so you should have one on your side as well. Your attorney looks out for your best interests, while the defendant’s insurance company’s lawyers look out for theirs. 

• How long will this process take?

  There isn’t one answer, and ultimately this depends on you. Insurance companies almost always offer an initial ‘low-ball’ dollar amount to settle quickly. Many times, this amount isn’t even close to what is actually recoverable or what you deserve. If you suffered serious injuries, it may be impossible to tell soon after the accident what future care and medical bills will look like.

  As your truck accident lawyer builds up your case to request the full amount of recoverable damages, the defendant’s insurance company will likely draw out negotiations with the hope that you will accept a low offer, because you’re tired of waiting. Frankly, this process can be tedious, and patience is key. The defendant’s goal is for you to settle for less than you deserve. Our job is to recover as much as legally possible, and sometimes that takes time.

  Remember, you are always in control of this process, and if you decide to accept an offer at any time, you have that right.

• Do truck accidents go to trial?

  In truth, many cases do not go to trial and settle outside of court.

  It may take some time to get an appropriate pre-trial offer for your case; part of a trucking accident attorney's job is to negotiate with the defendant’s insurance company, as it’s in their best interest to settle before trial - even more so if your case is especially strong. 

  Insurance companies know how to spot vulnerability on the plaintiff’s side and will do everything they can to exploit that and pay you less than you deserve. 

  It is extremely important to work with attorneys that have a reputation for taking cases to trial, even if you decide you don't want to. We’ve done this at the Law Office of Stuart Mann for over 50 combined years. Our adversaries recognize and respect us as lawyers. They are aware that we prepare every case as if it were going to go to trial. Don't sell yourself short by working with a subpar attorney. 

• How do I know if I have a valid claim after an 18-wheeler crash-related injury that wasn’t my fault?

  There are a number of different situations that can be grounds for a trucking accident claim. It’s always free to call us to discuss your situation. Typically, a valid claim exists if the following criteria are met:

  1. Someone owed you a duty of care (examples include another driver on the road, your employer, or a store owner).
  2. The at-fault party did not exercise reasonable care. An example would be another driver causing an accident because they were speeding or driving under the influence (DUI).
  3. This negligence (not exercising reasonable care) directly resulted in you being injured.

  If you have questions about this topic or others, speak with us. Consultations are always free, so you have nothing to lose by contacting us about your situation.

  Call us today at (303) 991-2233 or use our online contact form.