Blue tractor truck passing under a bridge.

Truck Accident Attorney in Fort Collins

A truck accident can upend your life in the blink of an eye, leaving you with life-altering injuries that place the financial burden of expensive medical bills, vehicle repairs, and lost wages on your back. But this burden should not be yours to bear if someone else was to blame. Instead of carrying it yourself, let a Fort Collins truck accident lawyer from The Wilhite Law Firm lift it from you.

Since 1977, our truck accident law firm has worked tirelessly to defend the rights and interests of injured Coloradans. We understand the anxiety and stress you’re under. We’re ready to take on the big trucking companies and their insurance companies so you don’t have to. Our Fort Collins truck accident attorneys and staff can manage every detail of your claim, allowing you to focus your time and energy on your medical treatment and getting your life back on track.

Ready to demand the money you need to reclaim your life? Then contact The Wilhite Law Firm for a free initial case evaluation with a Fort Collins truck accident lawyer and find out how we can help you during this difficult time.

What Are Some Common Types of Truck Accidents?

Truck accidents can be grouped into several different types based on the circumstances at play.

Some of the most common examples of truck accidents that occur in Fort Collins include:

  • Jackknife – A jackknife occurs when a truck’s trailer swings forward towards the cab, causing the cab and trailer to fold in on one another like a folding pocket knife. Jackknife accidents can occur due to improper braking, tire or brake failures, or slippery road surfaces, especially on curves or hills.
  • Rollover – A rollover accident involves a truck flipping onto its side or roof or, in more violent crashes, tumbling over multiple times. Rollovers occur due to tire blowouts, brake failures, or an unbalanced cargo load that makes the vehicle more likely to tip over. Trucks are especially prone to these accidents because of their high centers of gravity.
  • Head-on – A head-on collision involves the front of a truck crashing into the front of another vehicle. Head-on collisions usually occur when a driver veers over the center line or median into oncoming traffic or travels the wrong way down a one-way street or highway access ramp.
  • Blindspot – Trucks have large blind spots extending many feet in front of and behind the truck, along the length of the truck behind the driver, and potentially into multiple adjacent lanes. Truck drivers must use special techniques, blind spot mirrors, cameras, and sensors to check for other vehicles in the truck’s blind spots before turning or changing lanes.
  • Side-impact – Also called a T-bone collision, a side-impact accident involves the front of a truck crashing into the side of another vehicle. Side-impact accidents most frequently occur at intersections when a driver runs a red light or stop sign or fails to yield the right-of-way to oncoming traffic.
  • Sideswipe – A sideswipe collision involves the side of a truck bumping or grinding along the side of another vehicle adjacent to it. These collisions often occur when a truck driver tries to move into a lane already occupied by another vehicle.
  • Underside – Also called underride accidents, an underside accident involves a car getting wedged underneath a truck trailer along the side of the trailer or under the trailer’s rear overhang.
  • Rear-end – A rear-end collision occurs when the front of a truck rams into the back of another vehicle. Rear-end crashes can happen when a truck driver speeds or tailgates another vehicle since commercial trucks cannot slow down as quickly as passenger cars.
  • Cargo accident – A truck accident may also occur when a driver loses control of the truck due to an unbalanced or unsecured cargo load or when a truck spills its cargo due to improper securing. Spilled cargo may strike other vehicles near the truck or fall onto the road to pose a collision hazard for oncoming vehicles.

What Are Some Reasons Truck Accidents Happen?

Many commercial vehicle accidents are the result of negligence on the part of a truck driver or carrier, such as:

  • Distracted driving
  • Driving under the influence of alcohol or drugs
  • Fatigued driving
  • Reckless or aggressive driving
  • Worn or defective parts
  • Brake failure
  • Inadequate maintenance
  • Improperly loaded cargo, including exceeding hauling capacities, not balancing cargo loads, or failing to secure cargo from shifting
  • Tire blowouts
  • Speeding
  • Following too closely
  • Failing to signal or check mirrors and blind spots before changing lanes or turning
  • Running red lights or stop signs
  • Failing to yield the right-of-way
  • Making wide right turns
  • Driver inexperience or unfamiliarity with routes

What Injuries Occur Most Often in a Truck Accident?

The size and weight of commercial trucks mean these vehicles hit with much greater force than passenger cars.

As a result, truck accidents can result in severe, debilitating injuries such as:

  • Broken bones
  • Burns
  • Severe lacerations, abrasions, or degloving injuries
  • Ligament sprain and tears
  • Muscle or tendon strains and tears
  • Whiplash
  • Herniated spinal discs
  • Spinal cord injuries and paralysis
  • Internal injuries or bleeding
  • Facial injuries
  • Traumatic brain injury (TBI)
  • Crush injuries
  • Traumatic amputation or limb loss

What Are Colorado’s Trucking Laws? 

Truck drivers must obey several safety laws and regulations under state and federal law. Colorado law defines a commercial truck as any vehicle used in commerce that weighs at least 16,001 pounds or transports hazardous materials. All commercial truck drivers must have a valid commercial driver’s license issued by the Colorado DMV and applicable license endorsements. Trucks must also meet size and weight restrictions. Oversized or overweight trucks must obtain special permits to operate on public roads.

Most importantly, truck drivers must follow federal regulations issued by the Federal Motor Carrier Safety Administration (FMCSA) that govern the number of hours drivers may spend on duty and behind the wheel.

Truck drivers’ hours of service (HOS) regulations stipulate that:

  • Drivers may drive up to 11 total hours after spending at least 10 consecutive hours off-duty.
  • Drivers may not drive after the 14th consecutive hour after coming on duty following an off-duty period of at least 10 consecutive hours.
  • Drivers must take at least a 30-minute break after driving for eight consecutive hours. Drivers may spend their break on duty but not driving, off-duty, in their sleeper berth, or doing any combination of these options.
  • Drivers may not drive after spending 60 hours on duty in seven days or 70 hours in eight days. These periods reset after at least 34 consecutive hours off-duty.

What Should I Do If I Am in a Fort Collins Truck Accident?

Trucking companies will act quickly after a truck crash to minimize their liability.

However, there are steps you can take to preserve your rights to hold negligent truck drivers and trucking companies accountable for your injuries and losses, such as:

  • Contacting law enforcement authorities to report the accident and request a copy of the police accident report
  • Notifying your insurance provider about the accident
  • Seeking medical attention promptly after the crash to get checked for injuries you may have suffered
  • Following your doctor’s treatment instructions and recommendations
  • Requesting copies of your medical records from your treatment
  • Keeping all bills, invoices, or receipts of expenses related to your recovery from the accident
  • Saving copies of your pay stubs or income statements to calculate any lost wages you incur due to your injuries
  • Contacting a Fort Collins truck accident lawyer at The Wilhite Law Firm to pursue a compensation claim against the truck driver and trucking companies responsible for the crash

Who Can Be Held Liable for the Truck Accident?

The trucking industry involves many different but overlapping companies and positions, any of which may have liability for a truck crash. Some of the parties that might be responsible for the truck accident that injured you include:

  • The truck driver
  • The trucking company
  • The truck or trailer owner, if it’s not the truck driver or trucking company
  • The cargo or freight broker
  • The truck’s mechanics
  • The truck’s manufacturer or manufacturers of auto parts used on the truck

What Evidence Do I Need for My Truck Accident Claim?

Truck accident claims often involve more evidence than other motor vehicle accident cases because state and federal regulations require trucking companies to keep detailed records of their operations. These records often contain critical evidence to prove what caused an accident and why the trucking company bears responsibility.

Potentially useful evidence in your truck accident legal case might include:

  • The truck driver’s hours of service logs
  • The truck driver’s pre-trip inspection reports
  • The truck’s “black box” logs, if the truck had a recorder device
  • Dispatch logs
  • The trucking company’s maintenance records
  • The cargo or freight manifest
  • Post-crash vehicle inspections
  • Accident scene photos or videos
  • Surveillance and traffic camera or dashcam footage
  • Police accident reports
  • Eyewitness testimony
  • Accident reconstruction expert reports
  • Automotive engineering experts report
  • Trucking industry experts report

What Compensation Can I Be Awarded in a Truck Accident Claim?

A Fort Collins truck accident lawyer from The Wilhite Law Firm can file a truck accident claim on your behalf, demanding compensation for:

  • Medical treatment and rehabilitation, including hospitalization, surgeries, prescription medications, and physical or occupational therapy
  • Long-term care or support for permanent disabilities you are suffering, including home health services, housekeeping, and installations of disability accommodations
  • Loss of income if you cannot work or need to take a lower-paying part-time or light-duty role while you recover from your injuries
  • Loss of future earning capacity and employment benefits if you become permanently disabled from work
  • Pain and suffering
  • Loss of quality of life due to physical disabilities or visible scarring and disfigurement that interferes with daily living or activities you previously enjoyed
  • Vehicle repair expenses and other related costs, such as car rental fees
  • The value of your car if totaled by the accident

What Is Colorado’s Statute of Limitations for Filing a Truck Accident Lawsuit?

Colorado’s statute of limitations for truck accident claims gives you only three years from the date of the crash to file suit. If you file your lawsuit after the limitations period expires on your claim, the trucking company can file a motion to dismiss your case. You may lose your right to recover compensation from those at fault for the accident if this happens. Because you have limited time to file a truck accident lawsuit, you should speak with a Fort Collins truck accident lawyer from The Wilhite Law Firm as soon as possible.

Contact a Fort Collins Truck Accident Lawyer

If you’ve suffered injuries in an accident involving a commercial truck in Fort Collins, you could be entitled to financial compensation – though recovering it could prove challenging. Get experienced legal help standing up to the trucking companies and insurers to demand accountability and justice. Contact a Fort Collins personal injury lawyer at The Wilhite Law Firm today for a free, no-obligation consultation with a Fort Collins truck accident lawyer and find out why thousands of clients have come to us for assistance.