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Steps to File a Truck Accident Claim: A Complete Guide

Yes, you can file a truck accident claim if another party caused your injuries. The process involves 7 key steps: getting medical care, reporting the crash, gathering evidence, contacting a lawyer, filing with insurance, negotiating settlement, and potentially going to court. This guide will walk you through each step to help you get the money you deserve.

Filing a claim after a truck crash can feel scary. But knowing what to do makes it easier. We'll cover everything from what evidence you need to how long you have to file. By the end, you'll know exactly how to protect your rights and get fair payment for your injuries.

Why Truck Accident Claims Are Different

Truck crashes are not like regular car accidents. In 2021 alone, there were 494,000 police-reported large truck accidents, and these cases are much more complex than typical fender-benders.

Big trucks weigh up to 80,000 pounds when loaded. That's 20 times heavier than most cars. When they crash, the damage is usually severe. According to the Federal Motor Carrier Safety Administration (FMCSA), large trucks were involved in over 494,000 police-reported crashes in recent data. The average truck accident settlement amount is $103,654.08 and the median settlement amount is $30,000, showing just how serious these crashes can be.

Multiple Parties May Be at Fault

Unlike car accidents where usually one driver is to blame, truck crashes often involve several parties:

  • The truck driver
  • The trucking company
  • The company that loaded the cargo
  • The truck manufacturer
  • Maintenance companies

This means your claim might be against multiple defendants. That's good news because it can mean more money for you, but it also makes the case more complex.

Federal Rules Apply

Truck drivers and trucking companies in the United States are heavily regulated by the Federal Motor Carrier Safety Administration (FMCSA). These rules cover:

  • How many hours drivers can work
  • Required rest breaks
  • Drug and alcohol testing
  • Vehicle maintenance
  • Driver training

When trucking companies break these rules, it makes your case stronger.

Step 1: Get Medical Help Right Away

Your health comes first, always. Even if you feel okay after the crash, see a doctor immediately. Some injuries don't show up right away.

Why Immediate Medical Care Matters

Medical evidence is key for proving that the truck accident caused your injuries. Seeking immediate medical care is important because professionals can identify injuries that might not be visible right away.

Common hidden injuries include:

  • Concussions and brain injuries
  • Internal bleeding
  • Whiplash
  • Spinal cord damage

Keep All Medical Records

Save every piece of paper from your medical treatment:

  • Emergency room reports
  • Doctor visit notes
  • X-rays and MRI results
  • Prescription receipts
  • Physical therapy records

These records prove your injuries came from the truck crash, not something else.

Follow Your Treatment Plan

Attending all medical appointments and following treatment plans is crucial for healing and providing evidence to support the legal claim. Insurance companies will use missed appointments against you, claiming your injuries aren't serious.

Step 2: Report the Accident

You must report the truck crash to police and your insurance company quickly.

Call the Police

Always call 911 after a truck accident, even if no one seems hurt. A police officer will document the scene of the accident, take statements from witnesses, and file a police report. This report can serve as an essential piece of evidence in your case, helping to determine fault.

The police report includes:

  • Date, time, and location
  • Weather conditions
  • Traffic violations
  • Officer's opinion on fault
  • Witness statements

Notify Your Insurance Company

Notify your insurance company promptly, providing only the basic facts. Do not admit fault. Most insurance companies require you to report crashes within 24-48 hours.

When calling your insurer:

  • Stick to basic facts
  • Don't guess about what happened
  • Don't admit any fault
  • Don't discuss injuries in detail

Colorado Reporting Requirements

In Colorado, you must report crashes that cause:

  • Any injury
  • Death
  • Property damage over $1,000

According to Colorado Revised Statutes section 42-4-1606, a crash needs to be reported (to the nearest office of the local police or sheriff's department, according to Colorado law) even if no one was hurt, as long as one or more vehicles incurred even a slight amount of damage.

Step 3: Gather Evidence at the Scene

Evidence is the backbone of your truck accident claim. The more proof you have, the stronger your case becomes.

Take Photos and Videos

If you're able to move around, take pictures of:

  • All vehicles involved
  • Damage to your car and the truck
  • Skid marks on the road
  • Traffic signs and signals
  • Your visible injuries
  • The truck's license plate and DOT number

Visual evidence, like photos and videos, is invaluable in a truck accident case. Modern phones put timestamps on photos, which helps prove when they were taken.

Get Witness Information

Gather the names and contact information of witnesses. Ask for:

  • Full name
  • Phone number
  • Email address
  • What they saw happen

Witnesses can make or break your case. Their statements can prove the truck driver was at fault.

Exchange Information

Get details from the truck driver:

  • Name and contact information
  • Driver's license number
  • Insurance company and policy number
  • Trucking company name
  • Truck's DOT and MC numbers

Exchange information with the other driver, but do not discuss the crash. You may inadvertently say something that hurts your truck accident claim.

Document Everything You Remember

Write down what happened while it's fresh in your memory:

  • How the crash occurred
  • What you were doing before impact
  • Weather and road conditions
  • What the truck driver said
  • How you felt right after

Step 4: Contact a Truck Accident Lawyer

It's normally a big mistake to go through the truck accident claims process without an experienced truck accident attorney by your side. Truck accident cases are too complex to handle alone.

Why You Need a Lawyer

Trucking companies have teams of lawyers and investigators who start working immediately after a crash. They're looking for ways to deny your claim or pay you as little as possible.

A truck accident lawyer helps by:

  • Investigating the crash thoroughly
  • Gathering evidence you can't get alone
  • Dealing with insurance companies
  • Calculating your true damages
  • Negotiating fair settlements
  • Taking your case to court if needed

Preserve Critical Evidence

The black box on an 18-wheeler can provide important information about the truck's speed, when and whether the driver applied the brakes, and how long the driver was on the road without taking a required break.

This evidence disappears quickly. Your lawyer can send a "spoliation letter" to preserve:

  • Black box data
  • Driver logs
  • Maintenance records
  • Drug test results
  • Cell phone records
  • Dashcam footage

Free Consultations Available

Most Denver truck accident lawyers work on contingency fees, meaning you don't pay unless you win. They offer free consultations to review your case.

During your consultation, bring:

  • Police report
  • Medical records
  • Insurance information
  • Photos from the scene
  • Any correspondence with insurance companies

Step 5: File Your Insurance Claim

After hiring a lawyer, you'll file claims with the relevant insurance companies. This step starts the formal process of seeking compensation.

Understanding Insurance Coverage

Trucks must carry much higher insurance than regular cars. According to FMCSA regulations, the FMCSA has established the following policy minimum amounts that owners and operators of large trucks must carry: 10,000 pounds or below carrying non-hazardous cargo: $300,000 · 10,000 pounds or greater carrying non-hazardous cargo: $750,000.

For hazardous materials, coverage can be up to $5 million.

What Goes in Your Claim

Your insurance claim will include:

Details of the Accident

  • How the crash happened
  • Date, time, and location
  • Weather conditions
  • Police report number

Injury Information

  • Medical diagnoses
  • Treatment received
  • Future medical needs
  • How injuries affect your daily life

Financial Losses

  • Medical bills
  • Lost wages
  • Property damage
  • Other out-of-pocket costs

Timeline for Filing

While Colorado gives you three years to file a lawsuit, insurance companies have much shorter deadlines. Most require claims within days or weeks of the accident.

While you legally have three years to file a court case after most car accidents in Colorado, waiting that long will likely mean losing the ability to get compensation through an insurance claim.

Step 6: Negotiate Your Settlement

Most truck accident claims settle without going to court. This saves time and money for everyone involved.

How Settlement Negotiations Work

Your lawyer will send a demand letter to the insurance company explaining:

  • How the accident happened
  • Why their driver was at fault
  • Your injuries and treatment
  • Financial losses you've suffered
  • The amount of money you're demanding

A demand letter lets truck companies and their insurers know that they will only be released from liability for this crash under very certain terms outlined in this letter.

Insurance Company Tactics

Insurance companies use various tricks to pay less:

  • Offering quick, low settlements
  • Claiming you were partially at fault
  • Questioning the severity of your injuries
  • Delaying the process hoping you'll give up
  • Requesting recorded statements to use against you

Your attorney can counter insurance company tactics meant to undermine your claim. Choose an accomplished truck accident attorney who understands insurer tactics and won't let them take advantage of you.

Factors That Affect Your Settlement

Several things determine how much you might receive:

Fault and Liability Fault is one of the largest factor in determining the value of truck accident settlements. Liability determines who was at fault for causing the accident.

Injury Severity The severity of the injuries is generally the most important factor associated with the value of a claim involving an accident with a semi truck. Generally, as the severity of the injuries increases, so does the value of the final settlement.

Available Insurance Coverage Insurance coverage plays a substantial role in determining the potential compensation in truck accident settlements. Higher insurance policy limits can result in more substantial settlements for truck accident claims.

Types of Compensation Available

You can seek money for both economic and non-economic damages:

Economic Damages:

  • Medical expenses (past and future)
  • Lost wages
  • Lost earning capacity
  • Property damage
  • Rehabilitation costs

Non-Economic Damages:

  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Disfigurement or scarring

Punitive Damages: In cases of extreme negligence, courts may award punitive damages to punish the wrongdoer and deter similar behavior.

Step 7: Go to Court if Necessary

If settlement negotiations fail, your case may go to trial. While most cases settle, some require court action to get fair compensation.

When Cases Go to Trial

More cases settle than go to trial, but some circumstances still require taking the case to court. Your case might go to trial if:

  • The insurance company refuses to offer fair money
  • There's disagreement about who was at fault
  • Your damages exceed policy limits
  • The trucking company acted extremely recklessly

The Litigation Process

If your case goes to court, expect these steps:

Filing the Lawsuit This involves submitting a formal complaint outlining the facts of the case, the injuries sustained, and the compensation being sought.

Discovery Phase Once a lawsuit is filed, both parties enter the discovery phase, where evidence is exchanged. This may involve depositions, interrogatories, requests for documents, and expert witness testimonies.

Trial If settlement still isn't reached, your case goes before a judge or jury who will decide fault and damages.

Preparing for Court

Your lawyer will prepare by:

  • Gathering all evidence
  • Interviewing witnesses
  • Hiring expert witnesses
  • Creating demonstrative exhibits
  • Practicing arguments

Trial can be more nerve-wracking than negotiations, as you're leaving the future of your case in the hands of a judge and/or jury. Still, you can feel confident knowing your attorney will present your case in court with supporting evidence and testimony to help achieve an advantageous case result.

Important Deadlines to Remember

Time limits are crucial in truck accident claims. Missing a deadline can cost you your right to compensation.

Colorado Statute of Limitations

For Colorado automotive accidents involving cars or tractor trailers, the statute of limitations is three years from the date of the accident. According to Colorado Revised Statutes section 13-80-101(1)(n), this means you have three years to file a lawsuit.

However, some exceptions can extend or shorten this deadline:

Discovery Rule It is not always possible for a person to know immediately that an injury occurred or the extent of the injury until some time after the accident. In these cases, the clock may start when you discover the injury.

Minors If the injured person was under 18, the three-year clock doesn't start until their 18th birthday.

Government Vehicles Claims against government entities have much shorter deadlines, sometimes as little as 180 days.

Insurance Deadlines

While you have three years for lawsuits, insurance claims have much tighter deadlines:

  • Most insurers require notice within 24-48 hours
  • Formal claims must be filed within days or weeks
  • Delays can result in claim denial

If the plaintiff delays until the three years almost expire, many good personal injury attorneys will decline the case. Don't wait – contact a lawyer immediately after your crash.

Common Mistakes That Hurt Your Claim

Many people accidentally damage their truck accident claims. Here are mistakes to avoid:

Talking to Insurance Adjusters Alone

Do not discuss anything but the basics of your accident with an insurance adjuster. They will twist your words to deny your claim. Let your lawyer handle all communications.

Waiting Too Long to Get Medical Care

If you do not get emergency treatment, see your doctor as soon as possible so you can document your injuries in medical records. They are essential evidence when filing a claim after a truck accident.

Not Following Medical Treatment

Attend your follow-up appointments. The other party can use missed appointments as evidence that your injuries aren't serious and you don't deserve compensation.

Accepting the First Settlement Offer

Insurance companies might offer a quick, low-ball offer. It's often best to wait, assess all damage carefully, and allow your lawyer to evaluate the compensation package.

Posting on Social Media

Insurance companies monitor social media for evidence to use against you. Avoid posting photos or comments about your accident or activities.

What Makes Truck Accident Claims Complex

Understanding why truck cases are different helps you appreciate the need for experienced legal help.

Federal Regulations

The truck driver and trucking company are regulated by the Federal Motor Carrier Safety Administration (FMCSA). They must follow stringent rules designed to promote safety and avoid truck accidents.

These regulations cover:

  • Hours of Service (how long drivers can work)
  • Drug and alcohol testing
  • Vehicle inspections and maintenance
  • Driver qualifications and training
  • Cargo securement

Multiple Defendants

In many truck accident claims, multiple parties may be held responsible, complicating the settlement process. This is often the case in commercial truck accident cases where the fault may be shared between the truck driver, the company that loaded the cargo, and the truck's manufacturer.

Potentially liable parties include:

  • The truck driver (for negligent driving)
  • The trucking company (for hiring, training, or supervision failures)
  • The shipper (for improper loading)
  • Maintenance companies (for poor repairs)
  • Manufacturers (for defective parts)

Specialized Evidence

You will need evidence to prove your right to compensation for your injuries in a truck accident. This includes:

Electronic Logging Device (ELD) Data ELDs automatically record a truck's driving time and movement, providing an accurate account of the driver's activities.

Maintenance Records Under federal regulations, trucking companies are required to perform regular inspections and maintenance of their trucks. You will need to review their maintenance records to determine if they complied with this requirement.

Driver Personnel Files You will need to review the trucker's personal file to determine if they were qualified to drive a truck, had medical issues that impacted their ability to drive a truck, had been involved in other truck accidents, and more.

Maximizing Your Compensation

Getting full and fair compensation requires strategy and experience.

Calculating Your Full Damages

Your truck accident claim should cover all losses, both current and future:

Current Medical Expenses

  • Emergency room treatment
  • Surgery costs
  • Hospital stays
  • Medication
  • Medical equipment

Future Medical Costs

  • Ongoing treatment
  • Rehabilitation
  • Long-term care needs
  • Medical equipment replacement

Lost Income

  • Wages missed during recovery
  • Reduced earning capacity
  • Lost benefits and bonuses
  • Career advancement opportunities

Pain and Suffering Non-economic damages are harder to calculate but often represent the largest part of your settlement. Two common methods for calculating pain and suffering are: Multiplier Method: Add up your medical bills and then multiply that amount by a number (usually between 1.5 and 5) based on how serious your injuries are.

Working with Expert Witnesses

Expert witnesses bring specialized knowledge that can highlight complex aspects of a truck accident case. For example, accident reconstruction experts analyze the crash scene to recreate what happened and determine causation, while medical professionals offer insight into your injuries and prognosis.

Types of experts used in truck cases:

  • Accident reconstruction specialists
  • Medical experts
  • Economic loss specialists
  • Trucking industry experts
  • Safety compliance experts

Avoiding Colorado's Comparative Fault Rules

Colorado Revised Statutes section 13-21-111 says that, in a personal injury lawsuit, you can recover against any party who was more at-fault than you were, but your damages (your financial recovery) will be reduced by a percentage that corresponds to your share of liability.

If you're found more than 50% at fault, you get nothing. That's why proving the truck driver's fault is so important.

Why Choose Experienced Colorado Truck Accident Lawyers

The complexity of truck accident claims makes experienced legal representation essential.

Local Knowledge Matters

Colorado-specific knowledge helps your case:

  • Understanding state laws and procedures
  • Knowing local court practices
  • Relationships with medical experts
  • Experience with Colorado juries

CO Trial Lawyers has over a decade of experience handling Colorado truck accident cases. Our team understands the unique challenges these cases present.

Resources for Complex Cases

Truck accident cases require significant resources:

  • Hiring expert witnesses
  • Conducting thorough investigations
  • Taking depositions across multiple states
  • Obtaining and analyzing complex technical evidence

Trial Experience

Legal expertise is essential in maximizing truck accident settlements. Experienced personal injury lawyers have the skills to: Evaluate the full extent of the claim, including future medical care and long-term impacts · Ensure clients receive fair compensation that reflects the true value of their losses.

Understanding Settlement Timelines

Truck accident claims take time to resolve properly. Understanding the timeline helps set realistic expectations.

Factors Affecting Timeline

Several factors influence how long your case takes:

Injury Severity More serious injuries require longer treatment, which extends the case timeline. You shouldn't settle until you understand the full extent of your injuries.

Liability Disputes If fault is unclear, investigation and litigation take longer.

Multiple Parties Cases involving multiple defendants are more complex and time-consuming.

Settlement Negotiations Complex negotiations can take months or years.

Typical Timeline Stages

Immediate (0-30 days)

  • Hire lawyer
  • Preserve evidence
  • Begin medical treatment
  • File insurance claims

Investigation (1-6 months)

  • Gather evidence
  • Interview witnesses
  • Obtain records
  • Hire experts

Treatment and Recovery (ongoing)

  • Continue medical care
  • Document all losses
  • Calculate damages

Demand and Negotiation (6-18 months)

  • Send demand letter
  • Negotiate with insurers
  • Explore settlement options

Litigation (1-3 years if needed)

  • File lawsuit
  • Discovery phase
  • Depositions
  • Trial preparation
  • Court proceedings

Final Thoughts

Filing a truck accident claim involves seven crucial steps: getting medical care, reporting the crash, gathering evidence, hiring a lawyer, filing insurance claims, negotiating settlement, and potentially going to court. Each step is important for protecting your rights and maximizing your compensation.

Remember these key points:

  • Get medical help immediately, even if you feel fine
  • Report the crash to police and your insurance company quickly
  • Gather as much evidence as possible at the scene
  • Hire an experienced truck accident lawyer right away
  • Don't talk to insurance adjusters without your lawyer present
  • You have three years to file a lawsuit in Colorado, but don't wait
  • Truck accident settlements are often much higher than car accident settlements

The most important thing is to act quickly. Evidence disappears, witnesses forget details, and insurance companies start building their defense immediately. Proper documentation and evidence collection are critical in building a strong truck accident claim.

If you've been injured in a truck accident, don't try to handle it alone. The trucking companies have experienced lawyers working to minimize what they pay you. You need experienced legal help to level the playing field and get the compensation you deserve.

For more information about truck accident claims and to understand your legal options, contact experienced Denver personal injury attorneys who can guide you through this complex process and fight for your rights every step of the way.