Longmont Truck Accident Lawyer
Dedicated Truck Accidents Attorney in Longmont & Boulder, Colorado.
NAVIGATING A TRUCK ACCIDENT in Longmont?
Commercial trucking companies and their drivers operate under a host of strict federal and state regulations designed to keep the public safe. Yet, when profits are prioritized, these rules are sometimes bent or broken. A driver might push past their legal hours of service to make a deadline, or a company might delay necessary brake maintenance to keep a truck on the road. When this happens, it is innocent people on Longmont’s roads who suffer the consequences. Unlike a collision between two passenger cars, a crash involving a commercial truck triggers an immediate and powerful response from the trucking company. They frequently deploy rapid response teams of investigators and insurance adjusters directly to the scene. Their purpose is clear: to gather evidence that helps control the narrative and minimize their company’s financial liability. This creates a significant imbalance from the very first moments. While you are dealing with injuries and shock, a corporate machine is already working to protect its bottom line. Our Longmont truck accident lawyers at the Law Offices of Edward Smith work to level that playing field.
“I handle each and every case personally, from beginning to end.”— Attorney Edward Smith
Your Guide to Truck Accidents In Longmont
Dealing with Modified Comparative Negligence
Insurance companies will conduct a thorough investigation, looking for any evidence to argue you were partially at fault. Our role is to keep them accountable and ensure no amount of blame is unjustly placed on you. This is because Colorado uses a modified comparative negligence rule, also known as the 50% bar rule. C.R.S. § 13-21-111 states that you may recover damages as long as your percentage of fault is not 50% or more. If you are found to be 49% at fault, your recovery is reduced by 49%. If you are found to be 50% at fault, you recover nothing.
Relevant Laws and Statutes
In Colorado, the statute of limitations for filing a lawsuit related to a motor vehicle accident is generally three years from the date of the crash, as outlined in C.R.S. § 13-80-101. However, the practical deadline is much shorter. As mentioned, key evidence may be legally destroyed long before that three-year mark. Contacting a lawyer quickly ensures we can preserve this necessary information.
Calculating Compensation for Truck Accident Victims
While no amount of money can truly undo the physical pain and emotional trauma of a severe truck crash, a fair settlement or award provides the financial stability needed to rebuild your life. Compensation is typically divided into three categories.
Economic Damages
These are the direct, calculable financial losses you have incurred and will continue to incur. They form the foundation of your claim and include:
- Current and Future Medical Bills: This covers everything from the initial ambulance ride and emergency room care to surgeries, hospital stays, medication, and ongoing rehabilitation like physical therapy. For catastrophic injuries, it could also include the cost of a comprehensive life-care plan.
- Lost Wages: You may be compensated for the income you have lost while being unable to work during your recovery.
- Loss of Future Earning Capacity: If your injuries prevent you from returning to your previous job or diminish your ability to earn a living over your lifetime, you could recover damages for this long-term financial loss.
- Property Damage: This includes the cost to repair or replace your totaled vehicle and any other personal property damaged in the crash.
Non-Economic Damages
These damages compensate you for the intangible, personal losses that have no exact price tag but are just as real. They may include:
- Pain and Suffering: Compensation for the physical pain and discomfort caused by your injuries.
- Loss of Enjoyment of Life: If your injuries prevent you from participating in hobbies, activities, or relationships you once enjoyed.
- Physical Impairment and Disfigurement: For lasting scars, mobility issues, or other permanent physical limitations.
- Mental Anguish and PTSD: The emotional and psychological trauma, such as anxiety, depression, or post-traumatic stress disorder, that is common after a violent collision.
Punitive Damages
In rare cases, a court may award punitive damages. As defined by Colorado Revised Statute § 13-21-102, these are not meant to compensate the victim but to punish the defendant for “willful and wanton conduct.” This could apply if a trucking company, for example, knowingly hired a driver with a history of drunk driving violations or deliberately ignored necessary brake failures to save money. An experienced attorney will assess if the facts of your case might support such a claim.
Dealing with Commercial Insurance Companies
A standard car insurance policy might have a limit of $50,000. Commercial trucking insurance policies, by contrast, typically carry limits of $1 million or more. Because the financial stakes are so much higher, the fight to get a fair settlement is significantly harder. You are not dealing with a small-time adjuster; you are up against a team of seasoned professionals whose job is to protect that policy limit.
The Conflict of Interest
An insurance company is a business, which means it must balance paying out fair claims with its duty to its shareholders to remain profitable. The adjuster assigned to your claim does not work for you; their primary goal is to resolve the claim for the lowest amount possible.
Tactics to Watch Out For
Be aware of these common strategies used by commercial insurers:
- The Early Settlement Offer: They might offer you a check for a few thousand dollars very quickly after the accident. This may seem helpful, but it’s a tactic. They are hoping you will accept it before you understand the full extent of your injuries—for instance, before an MRI reveals a serious disc herniation that will require surgery.
- The Recorded Statement: An adjuster will call and ask for a recorded statement about the accident. They are trained to ask leading questions designed to get you to say something that might be misinterpreted as admitting partial fault, or to state that you “feel fine,” which may be used against you later if your pain flares up.
- Medical Authorization Overreach: They will ask you to sign a blanket medical authorization form. While they are entitled to records related to the accident, these forms usually give them access to your entire medical history, which they will search for any pre-existing conditions they can use to blame your current pain on something other than the crash.
Having an attorney handle all communications with the insurance company is the safest path forward. An attorney prevents you from inadvertently saying or doing something that could damage the value of your claim.
Where Truck Accidents Occur in Longmont
Longmont’s location at the crossroads of several major transportation routes makes it a center for commercial vehicle traffic, and with that traffic comes an increased risk of serious accidents. Certain areas pose a higher risk due to a combination of high traffic volume, speed, and congestion.
High-Risk Corridors
- Highway 119 (The Diagonal): This is a primary artery connecting Longmont and Boulder, carrying a heavy mix of daily commuters and commercial trucks. Its high volume and speeds make it a frequent site of serious collisions.
- US Highway 287 (Main Street): As the central north-south route through Longmont, US-287 sees constant, heavy traffic, including local deliveries and long-haul freight.
- I-25 Corridor: Located just to the east of Longmont, I-25 is one of the nation’s most significant interstate trucking routes. Access points and interchanges near Longmont are common areas for accidents.
- State Highway 66: This northern highway serves as a key route for agricultural and industrial transport, bringing heavy trucks through the area.
Local Weather Factors
The unique weather patterns of Boulder County also play a role. Sudden, high winds are particularly dangerous for high-profile vehicles like semi-trucks, increasing the risk of rollovers. In the winter, ice and snow, especially on bridges and overpasses, makes it impossible for a heavy truck to stop safely.
Local Accident Statistics
Data from the Colorado Department of Transportation (CDOT) consistently shows that crashes involving heavy commercial vehicles are a persistent safety issue in Boulder and Weld counties. These accidents, while fewer in number than passenger car collisions, are disproportionately likely to result in severe or fatal injuries.
Identifying All Liable Parties
One of the key differences in a trucking case is that the driver may not be the only one at fault. An investigation may reveal negligence from several other parties, including:
- The Truck Driver: For direct negligence such as speeding,
distracted driving, or driving under the influence of drugs or alcohol. - The Trucking Company (Motor Carrier): A company may be held responsible for its driver’s actions under a legal doctrine called respondeat superior. This is a form of vicarious liability, which holds an employer responsible for acts committed by an employee within the scope of their employment. Additionally, the company may be held directly liable for its own negligence, such as failing to properly screen or train drivers, or encouraging them to violate safety rules.
- Cargo Loaders and Shippers: If cargo is improperly loaded, unbalanced, or unsecured, it could shift during transit, causing the driver to lose control and lead to a rollover or jackknife accident.
- Maintenance Vendors: If a third-party mechanic or shop fails to properly inspect and repair components like brakes or tires, they may share liability for an equipment-related crash.
Common Causes of Semi-Truck Crashes
Investigations by the Federal Motor Carrier Safety Administration (FMCSA) reveal that many truck crashes stem from preventable errors and violations, including:
- Driver Fatigue: To combat drowsy driving, the FMCSA has strict hours-of-service (HOS) rules that limit drivers to 11 hours of driving within a 14-hour window, followed by 10 consecutive hours off-duty. Violating these rules is a common factor in fatigue-related accidents.
- Distracted Driving: Using a cell phone, adjusting a GPS, or other distractions are a significant cause of crashes for all drivers, but the consequences are magnified with an 80,000-pound vehicle.
- Equipment Failure: Brake problems and tire blowouts are among the most common mechanical failures that lead to catastrophic accidents.
- Speeding: Traveling too fast for conditions reduces a driver’s ability to stop in time and dramatically increases the force of impact.
The Role of Evidence Preservation
The most important evidence in a truck accident case is typically the most fragile. Commercial trucks are equipped with an Electronic Control Module (ECM), also called a black box, which records data like speed, braking, and RPMs in the seconds leading up to a crash. Drivers are also required to maintain electronic logging devices (ELDs) that track their hours of service. This data may prove a driver was speeding or violating HOS rules. However, trucking companies are only required to preserve this data for a limited time. A spoliation letter is a formal legal demand that an attorney sends to the trucking company, instructing them to preserve all relevant evidence, including black box data, driver logs, maintenance records, and more. It is essential to send this notice immediately to preserve this evidence.
Even though he ultimately could not take my case, he was overly generous with his time and informed me that I could call him back if I needed any additional advice. Pick any other firm and you will just be considered a source of income, but choose his firm and you can tell he will fight hard for you. Without any hesitation, I would hire this attorney, over any other firm, because it is evident that he is passionate about his work, he knows his stuff, and he cares. If the world had more people like him in it, it would be a much better place to be and, if I come across anyone with a personal injury case, referrals will most definitely be sent to his firm.
Ed Smith Attorney
Longmont Colorado
I need to say that Edward Smith is a wonderful attorney. My case was difficult at best, but Ed made the experience easy for me! He fought my insurance company and always kept me informed. When I needed to speak to him he always got back to me immediately. He worked for the insurance companies early in his career so he knows the ins and outs , then uses his knowledge to help his clients. I can’t divulge my settlement or the insurance company. I can tell you he got me much or more than the attorneys that advertise on television. I can’t say enough good about him! I recommend him highly.
Annette Benson
FAQ for Longmont Truck Accident Claims
Can I sue the trucking company if the driver was an independent contractor?
What if the truck driver lives in a different state?
How is a truck accident claim different from a car accident claim?
What happens if the trucking company files for bankruptcy?
How long does a truck accident case take to settle?
What if the truck accident resulted in a fatality? Can I file a wrongful death claim?
Yes. If the crash resulted in a death, Colorado law permits certain surviving family members to pursue a wrongful death claim and seek compensation for losses related to the deceased’s passing, including funeral and burial expenses, emotional grief and suffering, and the financial support the deceased would have provided to their family.
Colorado’s Wrongful Death Act outlines who may file a claim and the deadlines that apply.
From the moment the crash occurs, the trucking company has a team working to protect its interests. You deserve to have a dedicated advocate whose only goal is to protect your recovery. It costs you nothing to learn about your legal options.
What to Expect When You Work with Our Firm
When you choose our firm to handle your personal injury case, you’re not just hiring a lawyer—you’re gaining a partner committed to your recovery. From the first consultation to the final resolution, here’s what you can expect when you work with us: