Understanding Truck Accident Law on Colorado's Western Slope: Your Guide to Finding Expert Legal Help

In the picturesque expanse of Western Colorado, the serenity of the Western Slope is juxtaposed with the bustling activity of roads and highways that connect Grand Junction, Glenwood Springs, Gunnison, Montrose, Vail, and Aspen. While these routes offer breathtaking views, they are also the stage for incidents that can change lives in an instant: truck accidents.

Navigating the aftermath of a truck accident is daunting and, to obtain the highest amount of compensation, requires the expertise of a seasoned truck accident lawyer. This article aims to guide you through the intricacies of truck accident law in Western Colorado and how to find the right legal advocate for your case.

The Unique Legal Challenges of Truck Accidents

Truck accidents are fundamentally different from other vehicle collisions. The sheer size and weight of commercial trucks mean that accidents involving these vehicles are often more devastating for innocent drivers. In Western Colorado, where winding roads, seasonal weather conditions, and major trucking routes add to the driving challenges, truck accidents can have profound implications for victims, oftentimes leading to serious injuries or fatalities.

Understanding the nuances of truck accident law is crucial. These cases regularly involve multiple parties, including truck drivers, trucking companies, multiple layers of insurance, and other vehicles on the roadway. Additionally, the regulations governing truck operations—such as hours of service, maintenance standards, and load requirements—are detailed and nuanced, making legal navigation without expert help a formidable task.

Legal Expertise on Your Side of the Divide

Finding a truck accident lawyer who is deeply familiar with the Western Slope's geographical and legal landscape is paramount.

Finding a Western Slope truck accident lawyer who insurance companies fear is even harder. Your attorney should not only be versed in Colorado's laws but also understand the local intricacies that can affect your case. This includes knowledge of local court systems in Grand Junction, Glenwood Springs, Aspen, Montrose, and Vail, as well as connections with local medical providers for comprehensive injury assessments.

We've obtained some serious results for our clients in trucking cases. We know what to look for. We know how to get it. We know how to maximize your damages. We know what the insurance companies need to pay you more. And we know how to win.

Beyond Legal Representation: A Compassionate Ally

The journey to recovery and justice after a truck accident is not just legal—it's personal. The right lawyer serves as a compassionate ally, understanding the emotional and physical toll of the accident. Look for a legal partner who prioritizes personalized attention, guiding you through insurance negotiations, medical care, and, if necessary, court proceedings.

We do all of these things with professionalism, empathy, good communication, and an unyielding commitment to the craft. Oftentimes, you cannot get this with large firms who prioritize their advertising budget over everything else. We've had far too many clients come to us after being unsatisfied with a lawyer they saw on a TV commercial who they never got to actually meet. After signing a fee agreement, these clients are often handed off to young lawyer with little experience and a huge caseload. We want your case to be as important to your lawyer as it is to you.

At Western Slope Law, you'll get to meet and speak with the lawyer working on your case as often as you want, and you'll be on a first-name basis. We limit the number of cases we take so that we can give your case the attention it needs for the best settlement possible. In this regard, our results speak for themselves. We've handled trucking cases with verdicts or settlements in the eight figures.

If you're considering another lawyer, ask them if they've ever been involved in a trucking case that either went to trial or settled for more than $10,000,000. We have. And when we talk, insurance companies listen.

Securing Your Future

The stakes are high in truck accident cases. A semi-truck accident can leave victims seriously injured, out of work, disabled, and suffering from long-lasting physical and emotional effects. Compensation is not just about recovering past medical bills or pocketing a low-value settlement—it's about securing your future and demanding accountability from wrongdoers. At Western Slope Law, we like big settlements and big verdicts for our clients.

Settlements that include long-term care, rehabilitation, lost wages, and, importantly, pain and suffering damages. In appropriate cases, it can also involve punitive damages to deter similar misconduct in the future. We've dedicated our lives to being the best that we can be and helping victims obtain the compensation they deserve—with serious results and bonafide credentials that you won't find anywhere else on the Western Slope.

We will work tirelessly to ensure that your settlement or verdict reflects the full extent of your needs, and we think we can do it better than anyone else.

Immediate Steps After a Truck Accident

The moments following a truck accident are critical, not only for your health but also for any future legal proceedings. Here's what to do immediately after a truck accident:

Ensure Your Own Safety: Move to a safe location and check for injuries. Do not place yourself near traffic or in a location where another vehicle could hit you if it lost control.

Call 911: Report the accident immediately so that medical professionals and police respond. By calling 911, you will ensure your own safety while also ensuring that the crash is investigated and a police report is prepared.

Seek Medical Attention: Even if you feel fine, underlying injuries may not be immediately apparent. In our experience, it's not unusual for truck accident victims to feel worse in the days following a crash. Go to the emergency room, urgent care, or even your primary care physician to evaluate your injuries. Report any and all injuries you have—now's not the time to be stoic, and no detail should be omitted.

Document the Scene: A picture is, indeed, worth a thousand words. If you're able, take photos and videos of the accident scene, including all vehicles involved, road conditions, and any visible injuries. You'd be surprised at what a truck driver (or their insurance company) might say in the months following a crash. Memories fade, and sometimes truck drivers have an incentive to stretch the truth to avoid the consequences of their own liability. Months or years later, they may claim the roads were clear, and a photo showing snow on the roadway may make a huge difference. Details matter. Document everything.

Exchange Information: Get contact and insurance information from the other driver(s). Do not omit fault. If any other person admits fault, inform the police and provide the police with a statement to this effect.

Witnesses: Collect contact information from any person who witnessed the crash. When the police arrive, tell them about any witnesses. A statement from a non-interested witness showing the truck driver's liability can greatly help your case, and they are often included in the official police report.

Consult a Truck Accident Lawyer: Before dealing with insurance companies, consult a lawyer to protect your rights. The insurance company (or an investigator working for an insurance company) owes you no duties and does not have your best interests in mind. Insurance companies know that a victim without a lawyer is vastly more likely to settle for less money. Because of this, it's not unusual for a truck driver's insurance company to contact you the same day an accident occurs. The representative will oftentimes be exceedingly nice, and will try to disarm you into making a statement that they will use against you at a later date. The adjuster probably won't tell you, but they will be making electronic claim notes of everything you allegedly said, and sometimes those notes aren't accurate. Rest assured, the driver's insurance company (or even your own) will use any detail that it can against you. You'll think that you're just talking on the phone with an insurance company representative, but anything unfavorable to you will absolutely be used against you when it comes time to talk settlement.

Preserve Any Evidence: Make sure your vehicle, and any others involved in the crash, are preserved as evidence. You'd be surprised at how much data modern vehicles record. For example, if a truck driver (or its insurance company) tries to argue that your damages should be reduced because you were allegedly speeding, your vehicle's crash data recorder may be able to prove that you weren't. Conversely, the semi-truck's crash data, or its GPS system, may establish that the truck's brakes failed, or that the driver was speeding, or that its steering wheel reflected a turn into your lane.

Common Causes of Truck Accidents in Western Colorado

Understanding common causes of truck accidents can help you articulate the details of your case to your lawyer:

• Challenging Road Conditions: The winding roads and variable weather conditions of the Western Slope can contribute to trucking accidents. I-70, in particular, contains many stretches that require the utmost care from commercial truck drivers. This includes the downgrade following the Eisenhower Tunnel, and the downhill sections of Vail and McClure Pass, all of which are hotbeds for trucking accidents. The sharp curves and limited visibility of the Glenwood Canyon likewise result in a number of truck accidents every year.

• Driver Fatigue: Despite regulations, some drivers exceed hours-of-service limits, leading to impaired reaction times and devastating consequences. Falling asleep at the wheel is a particularly dangerous concern for commercial truck drivers on the lengthy stretch of I-70 from New Castle through Grand Junction and all the way to the Utah border.

• Improper Loading: Unsecured or imbalanced loads can cause trucks to lose control and enter oncoming traffic.

• Mechanical Failures: Poor maintenance can lead to critical failures, like brake malfunctions. The air brakes on tractor-trailers can likewise be exhausted by truck drivers who are inexperienced with proper driving techniques for the long and steep downgrades on all Colorado mountain pass roadways.

At Western Slope Law, we've handled many truck accidents resulting in serious injuries or fatalities. In the process, we've uncovered some truly disturbing practices by truckers and/or trucking companies. These include accidents where a trucker consistently exceeded his hours-of-service limits over a multi-day period, failed to properly log his hours to avoid being caught, and then kept driving for 24 hours straight until he fell asleep at the wheel, killed two people, and catastrophically injured two others.

We've seen a big-rig trucker who exhausted his brakes after the Eisenhower Tunnel, collided with multiple vehicles, injured several people, and who had never even driven in the mountains before. We've likewise seen where a trucking company was repeatedly advised that a semi's brakes were malfunctioning but continued to keep the rig in operation without the necessary maintenance until its brakes failed completely, resulting in a horrific crash.

Truck Accident Statistics

Semi-trucks are dangerous, and they are involved in a great number of accidents. There are more than 168,000 truck accidents every year in the United States. About 32% of those involve an injury, and around 3% result in death. Shockingly, approximately 71% of the injuries in trucking accidents are sustained by the occupants of other vehicles, while 2% of trucking accident injuries are sustained by other individuals like pedestrians, bystanders, or bicyclists.

Just 27% of the injuries involved in trucking accidents are sustained by truck drivers. Thus, roughly 3 out of every 4 trucking accident injuries are to people other than the truck driver. Most trucking accidents occur on major roadways and interstate highways, with less than 20% of all accidents occurring on minor roadways. Further, a large portion of these accidents occur between the hours of 6 p.m. and midnight.

In 2020, the last year data was collected, there were 1,946 trucking accidents in Colorado—451 of those resulted in an injury, and 85 of them resulted in a fatality. Truck accidents are so common that approximately one in three long-haul truck drivers will be involved in a serious trucking accident in their career.

Rear-end collisions by commercial trucks are the most common type of trucking accidents. This is followed by accidents caused by lack of sleep/driver fatigue. Accidents involving a big-rig driver exceeding the hour-of-service limitations is a close third, followed by unfavorable hiring practices by trucking companies, work-zone accidents, crashes resulting from a driver with a bad driving history, drivers using their phones, and drivers using controlled substances while operating a commercial vehicle.

Rules and Regulations for Commercial Truck Drivers in Colorado

To protect innocent drivers on the roadway, commercial trucking is a highly-regulated industry. Colorado state and federal law provide a robust framework of regulations governing the safe operation of commercial vehicles.

Definition of a Commercial Vehicle: Colorado regulations define a commercial vehicle as any self-propelled or towed vehicle used in commerce that has a gross vehicle weight of more than 16,000 pounds, or which is designed or intended to transport 16 or more passengers, or which is designed or intended to transport hazardous materials or other vehicles. This is a broad definition that is not limited to semi-trucks or tractor-trailers (which can weigh up to 80,000 pounds) and can include smaller vehicles such as moving trucks, or even certain consumer vehicles towing trailers or recreational vehicles for a commercial purpose.

Licensing Requirements: The driver of a commercial vehicle meeting the above definition must possess a commercial driver's license—commonly known as a CDL—or a CDL learner's permit. To obtain a CDL, a person must be at least 18 years old and hold a regular driver's license, they must then apply to obtain a CDL. Application requirements include, but are not limited to, a medical examination, written test, and driving record check. After obtaining a CDL, a commercial truck driver can then obtain endorsements to operate certain types of commercial vehicles and/or haul certain types of cargo. For example, a Class A CDL Endorsement allows a truck driver to operate a semi-truck or tractor-trailer or another type of commercial vehicle with a gross vehicle weight of 26,000 pounds or more. A Class B CDL Endorsement allows a driver to operate a vehicle other than a semi or tractor trailer with a weight greater than 26,000 pounds. And a Class C CDL Endorsement permits the operation of any vehicle that doesn't meet the definition of a Class A or Class B but is designed or intended to transport 16 or more people.

Size Limits: Generally speaking, there are federal and Colorado-specific regulations governing the size and weight of commercial vehicles. For example, while there is no federal regulation on the length of a commercial vehicle, Colorado places a 45-foot limit on single vehicles and a 70-foot limit for a combo vehicle like a semi-truck or tractor-trailer. Likewise, Colorado imposes a 28.5 foot length limit on traditional trailers and a 57.3 feet limit for semi-trailers. Under both Colorado and federal regulations, the width of a commercial vehicle is limited to 8.5 feet. Colorado likewise imposes a height limit of 13 feet for commercial vehicles used on state highways and 14.5 feet for commercial vehicles used on federal/interstate highways.

Weight Limits: For a single vehicle with two axles, the weight limit is 36,000 pounds. For a single vehicle with three or more axles, the weight limit is 54,000 pounds. And for a tractor-trailer or other combination vehicle, the weight limit is 80,000 pounds.

Hours of Service Limits: Federal regulations limit the number of hours that a commercial truck driver can be on-duty and, importantly, drivers have to keep and maintain a log of their on-duty hours. Drivers who continue to operate semi-trucks after being "out of hours" is a widespread practice and a major contributor to accidents and injuries. A commercial truck driver, for example, cannot spend more than 60 hours on-duty in any consecutive seven-day consecutive period nor more than 70 hours on-duty in any consecutive eight-day period. A commercial truck driver cannot spend more than 14 hours on-duty in any 24-hour period and cannot drive for more than 11 of those 14 on-duty hours. After driving for 11 hours, a driver must spend at least 10 consecutive hours off-duty. During this 10-hour off-duty period, a commercial driver must spend at least eight hours in the truck's sleeper cabin and must spend the following two hours either in the sleeper cabin or similarly off-duty. Moreover, the 14-hour on-duty period isn't extended for meals, fueling, rest breaks, or other off-duty time. Law enforcement officials have the right to inspect a commercial driver's log books and can place a driver out-of-service until they come into compliance. Both the driver and the trucking company can face civil penalties and criminal consequences for violating the hour-of-service requirements—which were put in place to protect other drivers on the roadway.

Colorado Commercial Vehicle Lane Restrictions: On particularly dangerous roadways, Colorado has placed lane restrictions on commercial vehicles exceeding a certain gross vehicle weight (oftentimes 36,000 pounds). For example, through the Glenwood Canyon, semi-trucks have to stay in the right lane, cannot pass or overtake other vehicles, and have a reduced speed limit. Likewise, trailers of any kind are prohibited on Independence Pass. Violation of these regulations resulting in an accident can establish liability.

Colorado Chain Laws: The Colorado Department of Transportation (CDOT) has the authority to prohibit commercial vehicles from traveling on Colorado roadways if they are not in compliance with chain or traction laws. With particular regard to the Western Slope, all commercial trucks driving on I-70 between mile markers 133 and 259 between September 1 and May 31 must carry chains at all times. In addition to this, CDOT can require commercial vehicles to chain up before proceeding over certain roads like Vail Pass. A truck driver who violates these laws designed to protect the public can be held responsible if an accident results.

FAQs: Navigating Truck Accident Claims

Q: How long do I have to file a truck accident claim in Colorado?

Colorado law generally allows three years from the date of a car crash to file a lawsuit, but it's crucial to consult a lawyer as soon as possible to ensure the best possible outcome. For example, there may be other claims involved that need to be brought sooner. Similarly, without a lawyer, important evidence establishing the liability of the truck driver can go uninvestigated or destroyed entirely. We know what we're doing, and we will ensure that you're protected.

Q: What compensation can I seek in a truck accident case?

In Colorado, victims of trucking accidents can pursue damages for past and future medical expenses, lost wages, future loss of earning capacity, pain and suffering, physical impairment, and more. Your lawyer will work with you to determine the full scope of your claim to ensure that all elements of damages are documented and presented in the manner most favorable to a settlement or verdict.

A good lawyer will vastly increase the value of your case by: (1) obtaining proof of the truck driver's liability; (2) hiring the right experts to identify and quantify your damages in ways an unrepresented person likely could not; (3) tracking down all applicable insurance coverages and pursuing them; (4) having the reputation to command a more favorable settlement; or (5) having the ability and track record of going to trial and winning big when the insurance company doesn't offer enough.

Q: Should I talk to the insurance company?

It's advisable to consult a lawyer before speaking to insurance companies. Anything you say to the insurance company's representatives can be used to minimize your claim. Following a truck crash, the automobile insurer for the truck driver and/or trucking company will often contact you within hours of the crash, while you're still treating for any injuries or losses.

We've seen instances where a truck driver's insurance company repeatedly called an injured victim starting on the day of the crash, stressing the importance of a return call. Oftentimes, the main goal of the insurance company's representative is to appear nice while trying to gather information to lower the value of your claim—such as information indicating that you were at fault, that you contributed to your injuries, or that you don't have severe injuries at all.

At Western Slope Law, we cannot count the number of times we've seen the victim of a car crash speak with the driver's liability insurer on the day of the accident, only for the insurer assert during subsequent negotiations that the victim couldn't have been hurt that badly because they were able to speak with the insurance company on the day of the crash. If you must speak with an insurance company without a lawyer, which is inadvisable, go into it with the mindset that everything you say is being written down without your knowledge to be used against you at a later date.

How to File a Semi-truck Accident Lawsuit

The process of filing a lawsuit involves several steps, including:

Initial Consultation: Your lawyer will evaluate your case, advise on the best course of action, and explain the process ahead.

Investigation: Gathering all necessary evidence, including police reports, medical records, and expert opinions. If necessary, we will track down witnesses to provide statements, hire engineers to inspect the vehicles and the cause of the crash, and retain other experts to identify your past and future medical needs and the cost of obtaining such care.

Negotiation: After we have a clear picture of the truck driver's liability and your damages, we will negotiate with any responsible insurance carriers on your behalf. This includes presenting a comprehensive demand letter outlining the crash, your injuries, who is at fault, and the nature and extent of your damages with documentary support. In our experience, you are far more likely to obtain a higher settlement with a lawyer than you could on your own. In fact, if we don't think we can add monetary value to your case that outweighs the cost of retaining us, we'll tell you so up front. While the insurance company may discourage you from retaining a lawyer—often by saying they won't pay more in settlement if you have a lawyer—this is almost never the case in our experience. In addition to documenting and presenting your damages in a way that warrants an increased settlement, insurance companies also know that without a lawyer, an injured victim does not have the wherewithal nor ability to take the next step and file a lawsuit. Without this leverage, many unrepresented individuals simply take the insurance company's offer and have no means of pushing back.

Filing: If your claim cannot be settled and a lawsuit is advisable, your lawyer will file a complaint on your behalf against any responsible parties, marking the formal start of your lawsuit.

Discovery: After a complaint is filed, both parties exchange information and evidence related to the case. This is called the discovery phase. During discovery, the parties have the ability to depose (question under oath) any fact witnesses. They can likewise retain and disclose any expert opinions on matters such as liability, damages, trucking regulations, and the standard of care owed by professional drivers.

Further Negotiation and Settlement: Many cases are settled before going to trial. In fact, about 96% of our cases settle without the need for a trial. We have the ability and the track-record to negotiate the best possible settlements for our clients under the circumstances applicable to their case. And the insurance companies know that if they don't offer our clients an appropriate settlement, we'll go trial and do our level best to make them pay.

Trial: If a settlement cannot be reached, your case may go to trial, where your lawyer will advocate on your behalf in front of a judge and/or jury. Unlike many lawyers, we're not afraid to go to trial. In fact, we like it. We will present your case with passion, expertise, and the gravitas that comes with having done done it well before. We won't be out-prepared. We won't be outgunned. And we'll go after the responsible parties with everything we've got—which is a lot.

Get Help With Your Truck Accident Case

If you or a loved one has been involved in a truck accident on Colorado's Western Slope, the path forward may seem uncertain. However, with Western Slope Law, navigating this challenging time can lead to a resolution that provides both justice and peace of mind. Begin by seeking a truck accident lawyer with a proven track record in Western Colorado—a legal advocate who not only understands the complexities of truck accident law, and has a long list of past successes, but who is also committed to you, your case, and your well-being. We hope to be that lawyer for you.

Seek Legal Help When You Need It

The aftermath of a truck accident is a critical time, demanding quick and expert legal intervention. In Western Colorado, the unique challenges of the Western Slope require a specialized approach to trucking accidents. By selecting Western Slope Law to represent you, you're choosing a lawyer with deep local connections, an uncompromising commitment to your case, the passion to win, and the skill to secure a life-changing settlement or verdict.