Denver and the surrounding areas have many semi-trucks traveling on the roads. You don’t have to be on I-25, I-70, or I-225 for long to see the many semi-trucks that frequently travel these roads. While they are great for consumers and the economy, they place those sharing the roads with them grave danger due to the nature of these trucks and the risks many truck drivers and trucking companies willingly take.
Suppose you or a family member were recently in a semi-truck accident in or near Denver. In that case, you may wonder what to do. Here’s what every injured truck accident victim should do to protect and secure their legal rights. Reach out to an experienced Denver truck accident lawyer for legal help and guidance.
Get Medical Care
Seek medical care after a semi-truck accident for several reasons, even if you believe your injuries are only minor or not immediately apparent. Some injuries, such as internal injuries or bleeding, whiplash, or soft tissue injuries, may not involve immediate symptoms.
By seeking medical attention, a healthcare professional can properly assess your condition, detect injuries that might not appear at first glance, and treat you immediately.
Delaying medical care can lead to complications and exacerbate injuries. Prompt treatment can prevent injuries from worsening and potentially mitigate long-term effects.
In addition, getting immediate medical attention creates a clear link between the truck accident and your injuries. You need this documentation for insurance claims and any legal action you might take. If you decide to pursue an injury claim, medical records will prove the truck accident caused your injuries and help you build a strong case.
Medical records are crucial evidence to support your compensation claim when filing an insurance claim. Without proper medical documentation, the insurance company may question the validity of your injuries and offer less compensation.
Your health and well-being should always be the top priority. Seeking medical attention promptly ensures you receive appropriate care and treatment, helping you recover more effectively. Knowing that a healthcare professional has thoroughly evaluated you can also offer peace of mind.
Remember that after a semi-truck accident, adrenaline and shock can hide the symptoms of injuries and distract you from pain. Therefore, you need to see a licensed physician, even if you feel fine immediately after the accident. Timely medical attention ensures your well-being and strengthens your position when dealing with insurance companies or pursuing legal action.
Seek Legal Advice from a Trusted Truck Accident Lawyer
Once you are medically stable after a semi-truck accident in Denver, seek legal advice. Your truck accident lawyer can:
Explain Your Rights
Truck accidents often involve complex legal issues, and you may not be aware of all your rights and legal options. An experienced attorney can explain your rights and help you make informed decisions. Knowing your rights and how to exercise them can maximize the compensation you receive.
Establish Liability
Determining liability in a truck accident can be challenging. An experienced attorney can thoroughly investigate, collect evidence, and identify all potentially liable parties, such as the truck driver, trucking company, maintenance contractors, or vehicle manufacturers. If you don’t know who to hold accountable or don’t have the right liable party, you cannot recover compensation.
Maximize Compensation
Truck accidents can result in significant damages, including medical expenses, lost income, property damage, pain and suffering, and more. An attorney can accurately assess the full extent of your damages and work to maximize the compensation you deserve.
Negotiating with Insurance Companies
Insurance companies representing the trucking company will likely attempt to settle your claim as fast as possible and for the least amount of money possible. After all, the less money they have to pay for claims, the more money they can keep for themselves.
Having an attorney on your side ensures that you have someone experienced in dealing with insurance companies to negotiate a fair settlement. If the insurance company won’t offer you a fair settlement, you can count on your attorney to let you know.
Handling Legal Paperwork
After a truck accident, filing insurance injury claims or initiating legal proceedings involves considerable paperwork. An attorney can handle all the legal paperwork, ensuring everything is completed accurately and within the required deadlines.
Protecting Your Interests
An attorney will focus on protecting your best interests throughout the entire process. They will advocate for you and protect you from the trucking company and their insurance representatives.
Trial Representation
If negotiations with insurance companies do not succeed, you may need to file a lawsuit and go to trial. Your lawyer can represent you in court and present your case effectively to a judge or jury, seeking a fair outcome.
Reducing Stress
A knowledgeable attorney by your side can alleviate stress and allow you to focus on your recovery while they handle the legal aspects of your case.
Knowledge and Experience
Attorneys with experience handling truck accident claims have the knowledge and experience to handle these types of cases effectively. They understand the intricacies of the legal system and can build a strong case on your behalf.
A semi-truck accident attorney can significantly improve your chances of obtaining fair compensation and receiving the support you need during a challenging time. Seek legal advice from a reputable attorney with experience handling truck accident cases to protect your rights and pursue the compensation you deserve.
Don’t Apologize or Admit Fault
After a truck accident or any other type of accident, avoid apologizing or admitting fault, even if you might bear partial responsibility. It often feels necessary or comes naturally to apologize after an accident, even if it wasn’t your fault.
However, consider the:
- Legal implications – Apologizing or admitting fault can be interpreted as an admission of guilt in legal proceedings, and it can hurt your ability to seek compensation for damages. Fault determination in accidents involves a complex investigation to collect evidence. Admitting fault or even simply offering an apology at the scene can hurt your case.
- Potential misunderstandings – After an accident, the details of what happened might not be entirely clear. You may not fully understand the sequence of events or the actions of all parties involved. An adjuster might misinterpret an apology as admitting wrongdoing when other factors might have contributed to the accident.
- Insurance companies – The trucking company’s (or other at-fault party’s) insurance adjusters may use any statements you make against you to minimize their liability. They may record conversations and use them as evidence to reduce or deny your claim.
- Emotional state – After an accident, emotions run high, and you may not think clearly. Refrain from making any statements that can hurt your case until you calm down and consult legal representation. Stick to the facts and never say more than necessary.
If you suffered injuries in a truck accident, consult an experienced Denver truck accident attorney as soon as possible. They can guide you through the process, protect your rights, and handle communication with insurance companies to ensure you receive fair compensation for your injuries and damages.
Your Legal Rights After a Truck Accident
In addition to physical injuries and emotional distress, truck accident victims often face financial burdens related to traumatic and overwhelming medical expenses, property damage, and lost income. A truck accident lawyer can explain your legal rights and seek fair compensation for your losses.
Here are some fundamental legal rights you must exercise after a truck accident.
Right to Seek Medical Treatment
After a truck accident, seek medical attention for any injuries sustained. Undergo a thorough medical evaluation to document your condition and ensure appropriate treatment. Save all medical records and bills related to your treatment, as they will serve as essential evidence in your case—not only proving that you suffered injuries, but they added to your accident expenses.
Right to File a Personal Injury Claim
If you suffered an injury in a truck accident due to the negligence of another party, you can file a personal injury claim.
To establish a successful claim, you must demonstrate that the other party (e.g., the truck driver, trucking company, or maintenance provider):
- Owed you a duty of care
- Breached that duty
- Caused your injuries as a direct result of their negligence
- Also caused damages through your injuries
Right to Compensation
As an accident victim, you have the right to seek compensation for the damages you suffer.
Damages may include:
- Medical expenses
- Property damage
- Pain and suffering
- Lost income
- Future medical costs
- Loss of earning capacity
Hiring an experienced attorney to determine the full extent of your damages and pursue fair compensation is essential.
Right to Legal Representation
Navigating the legal process after a truck accident can be complex. Consulting with skilled truck accident cases is critical. An attorney can evaluate your case, gather evidence, negotiate with insurance companies, and represent you in court if necessary. Legal representation increases your chances of obtaining a fair settlement or award.
Right to Gather Evidence
You need evidence to support your claim to build a strong case. This may include accident scene photographs, witness statements, police reports, medical records, and any other documentation related to the accident. Your attorney can gather and preserve crucial evidence to establish liability and damages. In truck accident claims, this usually requires your attorney to send an evidence preservation demand to the trucking company as soon as possible after the crash. This is another reason to never delay in seeking legal help.
Right to Know the Statute of Limitations
Each state has a statute of limitations, which sets a time limit for filing a personal injury claim, which includes injury claims after a truck accident. You must comply with your jurisdiction’s applicable statute of limitations and file your lawsuit within the specified timeframe. Failing to file within the statute of limitations may result in losing your right to seek compensation. The statute of limitations in Colorado is generally two years from the accident date.
Right to Negotiate or Litigate
After filing a personal injury claim, you can negotiate a settlement with the responsible parties or their insurance companies. Most personal injury cases resolve through settlement negotiations. However, if your attorney cannot reach a fair settlement, you can take your case to court and have a jury decide the outcome. A semi-truck accident attorney can handle settlement negotiations and litigation if necessary.
Right to Legal Counsel During Insurance Proceedings
Truck accidents often involve complex insurance policies and multiple parties. Insurance companies may attempt to settle your claim quickly and for less than you deserve. Legal representation ensures that someone will protect your rights during negotiations with insurance companies and that you receive the full and fair compensation you deserve under the law.
A Denver Truck Accident Attorney is Ready to Help
Every truck accident case is unique, and the specific legal rights and options available to you may vary depending on the circumstances. A seasoned Denver personal injury attorney will explain your rights fully, navigate the legal process, and seek the maximum compensation for your injuries and losses.
The steps you take after suffering an injury in a truck accident can help or hurt your claim immensely. By getting medical care, not admitting fault or apologizing for the accident, and seeking legal representation, you can give yourself the best chance at obtaining the compensation you deserve for your damages.
