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Five Essential Questions to Ask After a Truck Accident

Posted by Casey Alexander | Sep 01, 2023 | 0 Comments

After a truck accident in Colorado, a number of questions may be running through your mind. These incidents can be incredibly traumatic, and you may find it difficult to focus on everyday tasks. These accidents can be even more challenging if you have suffered a serious injury that requires hospitalization and long-term treatment. With all of these factors in mind, it can be difficult to consider your legal options. 

But as difficult as it might seem, a personal injury lawsuit may provide a valuable source of compensation for everything you have been forced to endure. It makes sense to take a moment and ask yourself a number of questions as you prepare to move forward. These questions may involve the circumstances of your accident, the nature of your injuries, the information you have on hand, and much more. The best way to review and answer these questions is with the assistance of a Colorado truck accident attorney. 

  • Which Damages Can I Claim?

In the legal world, the term “damages” refers to the various forms of losses that injured victims may have suffered. These losses may be financial in nature, but they may also include psychological or emotional issues that are not easily quantified in dollar amounts. One of the most common questions for truck accident victims is how much compensation they stand to receive. In order to answer this question, victims must first determine which damages they can claim. 

Damages are divided into two main categories: 

  • Economic Damages: Economic damages are financial in nature. They may include things like medical expenses and missed wages. If you are filing a wrongful death lawsuit on behalf of a deceased loved one, funeral expenses may also qualify as economic damages. Generally speaking, any out-of-pocket expenses you incurred as a direct result of your truck accident may be classified as economic damages. 
  • Non-Economic Damages: Non-economic damages are psychological or emotional in nature. By definition, they are more difficult to assess. This is because you cannot show the court a receipt that illustrates the “cost” of your PTSD, emotional distress, depression, anxiety, pain & suffering, loss of enjoyment of life, and so on. That being said, there are various methods to calculate how these damages will increase the total value of your settlement. 

The common types of damages available for recovery in a personal injury claim include economic and non-economic damages. However, there may also be punitive damages in rare cases involving truck accidents. Punitive damages are only required when there is serious, gross misconduct or negligence. This may involve blatant criminal acts or intentional collisions. 

  • Who is at Fault for My Accident?

Another important question is who might be to blame for your truck accident. In many cases, the answer is clear. In other cases, however, it may be very difficult to determine who actually caused the accident. Multi-vehicle collisions may involve shared fault between numerous drivers. Examples include “chain-reaction” crashes and near-misses that lead to secondary collisions. 

Even though your accident may have involved a truck, the truck driver may not be to blame for the crash. For example, a drunk driver may have veered into the path of a semi-truck, causing the trucker to swerve in an attempt to avoid the collision. This may then take the truck into the path of a second vehicle. Even though all of the damage may have been caused by the semi-truck, the at-fault driver is actually the intoxicated motorist in this case. 

It is important to determine fault for a number of reasons. First of all, Colorado is an “at-fault” state when it comes to car accidents. This means that in order to pursue compensation, establishing negligence is necessary. Even if you are filing claims through insurance companies, you will still likely need to show that someone else was to blame for your accident. Secondly, Colorado follows a system of modified comparative negligence. Under this system, you will lose the opportunity to pursue compensation if you were more than 49% to blame for your own injuries. In other words, it is important to prove that someone else was “mostly” at fault for your truck accident. 

  • What is the Extent of My Injuries?

Your injuries form the crux of your entire lawsuit. Without proving the extent of your injuries, it is difficult to pursue or receive any form of compensation. This is why seeking medical treatment is so important after experiencing a truck accident in Colorado. Ideally, you should get medical treatment immediately after the accident. Accept treatment at the scene of the crash and allow yourself to be transported to the nearest hospital. Even if you are not quite sure about the extent of your injuries, it always makes sense to play it safe. 

After receiving treatment, you can start to determine how your injuries may affect your life going forward. You may suffer a temporary or permanent disability that prevents you from working. Often, you must wait until you reach MMI (Maximum Medical Improvement) before you can accurately determine how your injuries may affect your life moving forward. 

  • Can I Settle My Injury Lawsuit?

Settling your lawsuit out of court is usually the most appropriate course of action. Asking yourself whether this is possible should be one of your first steps. Fortunately, a qualified truck accident lawyer in Colorado can help you negotiate with insurance companies and defendants for an appropriate financial settlement. Ask yourself whether the settlement being offered will truly cover all of your damages. If the answer is no, you may need to negotiate further or pursue a trial for more appropriate compensation. 

  • What Evidence Can I Gather?

Finally, you should ask yourself what kind of evidence you can gather during the initial days and weeks after the accident. This might include photos of the accident scene, doctors' notes, copies of X-rays, medical receipts, pay stubs, income statements, tax returns, and contact information for eyewitnesses. Your truck accident lawyer can provide more guidance on which types of evidence may be useful, and they can gather evidence on your behalf. 

Where Can I Find an Experienced Colorado Truck Accident Attorney?

If you have been searching for a Colorado truck accident attorney, consider booking a consultation with Casey James Alexander. We know that truck accidents can be traumatic and life-altering, but it is important to move forward with efficiency. Taking legal action may provide compensation for a range of damages, including missed wages, emotional distress, medical costs, and much more. We can help you answer many of the questions in this article with more accuracy, so reach out today and get started with an effective action plan. Our offices are conveniently located in Loveland, and you can schedule your first meeting now

About the Author

Casey Alexander

  YOUR ATTORNEY CASEY ALEXANDER Founding Attorney Prior to becoming an attorney Casey served in the United States Navy.  Now he serves the people of Northern Colorado and advocates for their legal needs. Bar Admissions Colorado PROFESSIONAL AFFILIATIONS 01 Larimer County Bar ...

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