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Truck accidents in Denver can have complex legal claims over who is at fault and the recoverable compensation. With multiple parties often involved (from the truck driver to the carrier and even third-party contractors), determining fault is rarely straightforward.
So, who is at fault in a truck accident in Denver? Can you also be at fault?
At The Morgan Law Group, our team of experienced lawyers represents victims of serious truck accidents throughout Colorado. If you’ve been involved in a truck crash, consulting with our seasoned Denver truck accident lawyer can help protect your rights and maximize your recovery.
Who Can Be at Fault in a Denver Truck Accident?
Truck accident claims are often more complex than other personal injury cases because multiple parties may be legally responsible. Below are the most common at-fault parties in Denver truck accident cases:
1. Truck Driver
Drivers are often the first focus in a liability investigation. Common driver-related causes of truck accidents include:
- Reckless driving
- Driving under the influence of drugs or alcohol
- Fatigue and hours-of-service violations
- Unsafe lane changes
If the truck driver violated traffic laws or safety regulations, they are likely to be held liable for the crash.
2. Trucking Company
Under Colorado law, trucking companies may be held vicariously liable for the actions of their employees. But they can also be directly liable if they:
- Hired an unqualified driver
- Failed to properly train drivers
- Pressured drivers to meet unsafe delivery deadlines
- Neglected truck maintenance or inspections
Trucking companies may also be responsible for record-keeping violations or failing to comply with Federal Motor Carrier Safety Administration (FMCSA) rules.
3. Vehicle Maintenance Provider
If a third-party mechanic or maintenance provider failed to properly inspect or repair the truck, and that failure contributed to the accident, they may also share in the liability.
4. Truck or Parts Manufacturer
In some cases, the truck accident is caused by a mechanical defect, such as faulty brakes, defective tires, or a steering system malfunction. In these cases, a product liability claim may be filed against the manufacturer.
5. Cargo Loader or Shipper
Improperly loaded or unsecured cargo can shift in transit, causing rollovers or jackknife accidents. If cargo was loaded incorrectly, the shipping company or freight loader may be partly at fault.
6. Another Motorist
In some truck collisions, drivers of other vehicles or even the municipality (if a road defect or signal issue contributed) may share fault.
Because Colorado follows a modified comparative negligence system, any of these parties can be assigned a percentage of the fault. This means the total damages may be divided among several responsible entities.
Elements to Prove Fault in a Truck Accident in Denver
Negligence is the legal foundation for determining truck accident fault in Denver, Colorado. It means that a person or entity failed to act with reasonable care under the circumstances and that failure directly caused harm to another party.
To establish fault under Colorado’s negligence laws, a plaintiff must demonstrate:
- Duty of Care: The truck driver, trucking company, and other parties involved in commercial transportation all have a legal obligation to operate safely and follow applicable laws.
- Breach of Duty: A breach occurs when one of those parties fails to uphold their duty of care. Even a seemingly small mistake, like failing to check blind spots, can be considered a breach of duty if it contributes to a crash.
- Causation: It’s not enough to show that someone was careless; their carelessness must be the proximate cause of the accident and resulting injuries.
- Damages: The victim suffered actual damages. In a truck accident case, this often includes medical expenses, lost wages, pain and suffering, emotional distress, property damage, and future costs related to ongoing care or disability.
If these elements are met, the negligent party – or parties – can be held liable for your injuries and losses.
Truck Accident Evidence to Determine Who’s at Fault
In a Denver truck accident, investigators and insurance companies examine the full circumstances surrounding a crash to identify who is at fault.
This includes analyzing:
- Police crash reports
- Eyewitness statements
- Traffic camera or dash cam footage
- Black box (event data recorder) downloads from the truck
- Logbooks showing driver fatigue or hours-of-service violations
- Maintenance and inspection records
- Truck driver qualifications and employment records
Because commercial trucks are subject to both state and federal safety regulations, any violation of these rules, such as exceeding weight limits, failing to take mandatory breaks, or skipping inspections, can serve as strong evidence of negligence.
How Does Colorado’s Modified Comparative Fault Apply?
Colorado uses a modified comparative fault rule, which plays a critical role in truck accident claims.
If you are less than 50% at fault, you can still recover damages, but your compensation is reduced by your percentage of fault. If you are 50% or more at fault, you cannot recover compensation from other parties.
Determining fault in a truck accident in Denver, therefore, is not just about proving someone else caused the crash; it’s also about ensuring you have little to no share of responsibility to preserve your legal right to recover.
This makes working with a skilled truck accident attorney in Denver essential. Your lawyer will gather evidence to prove liability and counter any claims that you contributed to the accident.
What Happens If Multiple Parties Share Fault in a Truck Accident?
In a multi-party truck accident, each defendant can be assigned a percentage of the fault under Colorado law.
This means:
- Each party is only responsible for its share of the damages
- You can file claims against all liable parties
- Even non-parties (like a hit-and-run driver) may be assigned fault, though recovery options are limited in those cases
This system avoids placing the entire financial burden on one party and encourages fairer outcomes. However, it also makes the process more complex. A truck accident attorney in Denver can ensure the right parties are held accountable and fight for your fair share.
How Can a Truck Accident Lawyer Determine Who’s at Fault?
Truck accidents involve high stakes. Victims often suffer catastrophic injuries, long-term disabilities, or even wrongful death. When the financial impact includes medical bills, lost income, property damage, and emotional trauma, proving fault becomes a critical part of the recovery process.
Here’s how a lawyer helps you pursue the compensation you deserve:
- Conducts a detailed investigation to identify all responsible parties
- Coordinates with accident reconstruction and trucking experts
- Deals directly with insurance companies, so you don’t have to
- Ensures compliance with Colorado’s statute of limitations (2 years for personal injury)
- Builds a strong case to support settlement negotiations or trial
Because commercial trucking companies often have aggressive legal teams and powerful insurers on their side, you need someone who can match their resources. An experienced Denver truck accident lawyer will fight to protect your interests every step of the way.
Talk to a Denver Truck Accident Attorney Today to Know More
Determining who is at fault in a truck accident in Denver is not always straightforward, but it’s a critical step toward securing the compensation you need to rebuild your life.
Whether the truck accident in Denver involved driver negligence, employer misconduct, defective equipment, or a combination of factors, Colorado law allows injured victims to hold those parties accountable.
At The Morgan Law Group, we understand how complex and high-stakes truck accident claims can be. Our skilled truck accident attorney in Denver is here to help you go through the legal process and recover compensation for your injuries.
Call our Denver office today at (303) 502-9586 or contact us using our online form for a free consultation with our attorney.
